Camera returned due to fault, but then lost by retailer...

Skipoet

Hi folks

I'm new to the forum, and this is my first posting, so please be gentle.

My 5 yr old Canon EOS 350D digital SLR camera recently stopped working. Did all the usual checks, but it was as dead as a dodo. Not long before this happened, my zoom lens also developed a serious fault.

I took both items back to Jessops in Manchester, and they were sent back to Canon for repair. I paid £25 which would be deducted from the cost of any repair if I decided to go ahead, or would be forfeited if I declined.

I was told that I would hear something within 6 weeks. That period came and went with no word. When I enquired, it transpired that the courier had apparently lost both items......

Jessops offered to replace the lens with a like for like item, but as my camera is 5 yrs old and no longer in production, they offered an EOS 1100D. This camera has a far better specification than my old one, (as you'd expect given the passage of time), but is effectively the entry level version. At the time of buying my original 350D, it was a mid range model. The 1100D would not have been my choice if I'd had to replace my camera due to the cost of repair being prohibitive.

I have suggested to Jessops that I am willing to pay the difference between the value of the 1100D and the camera of my choice, but they are so far refusing to play ball. The reason they are giving appears to be to do with their accounting procedures, and the fact that it is probably easier to write it off against stock.
However, I strongly suspect that this is not a case of 'we can't do it' but more a case of 'it's rather difficult, so we'd prefer you accept our first offer'.

Can somebody please advise me what my rights are in this case, and whether I have to accept their offer?

Thanks for your help everybody

debitcardmayhem

Might be better to get this transferred to http://forums.moneysavingexpert.com/forumdisplay.php?f=173 Consumer rIGHTS

paddyrg

Looks like they're accepting liability, so now it's just a case of getting them to see sense too. Are there any particular features that you don't get on the 1100D that you had on the 350D that you can use to demonstrate why it's not a suitable replacement?

mrcow

Decline their offer of the alternative and tell them that you'll take the money instead of an equivalent replacement to reimburse you for the property that they have lost.

Then you can take your business where you like and buy the upgrade that you'd like.

Skipoet

Hi

Thanks for your replies. I've posted this on the 'Consumer rights' section too now.

As regards extra features - no not really, the EOS 350D is a 5/6 year old model. The 1100D is a pretty much superior specification all round (as you'd expect given the passage of time) - apart from poorer quality materials used for the construction of the body.
My main argument is that the 350D was a mid range model at time of purchase, whereas the 1100D is very much an entry level model, and would not have been my choice if and when a replacement for my 350D had been required.

As regards asking for the value of the 1100D in cash to take elsewhere, would Jessops then take into account the age of my 350D and offer an amount based on that, or are they obliged to offer new for old?

photome

I am not a consumer expert but it seems to me that Jessops are offering you a fair deal a replacement camera with better features. Is the lense better on the new model?

It may not have been your model of choice if you were to replace your 6 year old camera but that isnt what you are doing. If you want to replace your old camera you can still purchase your model of choice and you will be no worse off, unless you were going to trade in your old camera in which case you could trade in the new model.

toastydave

in the case of insurance or the small claims court, its market value replacement.

A canon 350 with kit lens goes for around £170 and dont forget yours is broken, if it had arrived for repair, the repair could have cost more than the camera


I can understand how you feel, you had a mid range camera abet 5 years old and now jessops want to replace it with the basic model,

But the low end canon is a good camera and far better than your 350 and also its working!

I would take the offer, a canon eos 1100 is £430 with kit lens, you could always sell it and buy a 600d if you dont like it

Dave

T_T_2

In your position I would be pretty pleased with the offer. They could have just given you the cash it would require to buy a 5 year old SLR which probably wouldn't give much change from a hamburger. To be offered a camera that exceeds your former cameras specs seems more than reasonable. I would accept it and if you would still prefer to upgrade you can always sell it and put the money towards your own choice.

Skipoet

Hi
Thanks for all you replies.

I am pleased with their offer, although having lost it in the first place, they really had no choice but to offer a replacement.
I have offered to pay Jessops the difference between the 1100D and the camera of my choice.

They have refused to do this, and I can't really see why. They would, in effect, be making money from losing my camera, and I would have the product of my choice. Seems fair to me.

As regards the lenses, they are interchangeable, and I only require the camera body. Jessops are replacing the lost lens with a like for like item as it is still in production.

DaftyDuck

I'd take the offer and run. It sounds reasonably generous. However, I'd also insist on the return of the £25. They failed in their duty of care over the repair; the repair is not even being attempted, so the money should be refunded.

However, if you choose the exact model you'd prefer, and exactly what you'd pay to get it, AND offer to write the £25 off, there may be more leeway.

That £25 may be a leverage point, is what I'm suggesting...

easyhost

well as others have said jessops are offering your a better spec camera to your old one. you old camera may have been mid range, but the new camera is far better. take their offer.

ranges change all the time like computers. you buy a new top of the range one today, they bring a new model out tomorrow your top of the range model now becomes mid range and so on.