6 year rule and retailer / credit cards...please help

Equaliser123

moonrakerz wrote: »

The "6 year rule" eh ! Don't forget the "secret EU Law" as well...........................

Suggest someone actually bothers to read The Sale of Goods Act and actually see what the 6 years actually refers to !

Errr. The SoGA doesn't mention 6 years at all.

Oh, and there actually is a new EU Directive about to hit. So expect lots of "secret EU law" comments again.

moonrakerz

Equaliser123 wrote: »

Errr. The SoGA doesn't mention 6 years at all.

" For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages"

(berr.gov.uk)

"You have six years to get a claim in to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years."

(Which)

"The law says that a customer can approach you with a claim about an item they purchased from you for up to six years from the date of sale (five years after discovery of the problem in Scotland).

This does not mean that everything you sell has to last six years from the date of purchase! It is the time limit for the customer to make a claim about an item. "

(Office of Fair Trading)

"After the first six months and for up to six years, consumers are entitled to a remedy if they can show that the defect existed at the time of delivery."

(https://www.parliament.uk)

Equaliser123 wrote: »

Oh, and there actually is a new EU Directive about to hit

The issuance of an EU directive is meaningless - it is NOT the Law in any EU member state. It is merely an instruction to introduce such a Law. If the Government of a member state believes it has a Law in place which meets or exceeds the requirements of the directive, it can ignore it. UK's SoGA is accepted in place of the "EU 2 year secret Law".

Optimist

moonrakerz wrote: »

" For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages"

(berr.gov.uk)

"You have six years to get a claim in to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years."

(Which)

"The law says that a customer can approach you with a claim about an item they purchased from you for up to six years from the date of sale (five years after discovery of the problem in Scotland).

This does not mean that everything you sell has to last six years from the date of purchase! It is the time limit for the customer to make a claim about an item. "

(Office of Fair Trading)

"After the first six months and for up to six years, consumers are entitled to a remedy if they can show that the defect existed at the time of delivery."

(www.parliament.uk)



The issuance of an EU directive is meaningless - it is NOT the Law in any EU member state. It is merely an instruction to introduce such a Law. If the Government of a member state believes it has a Law in place which meets or exceeds the requirements of the directive, it can ignore it. UK's SoGA is accepted in place of the "EU 2 year secret Law".

Equaliser is quite correct.

The paragraphs you quote are not a part of SOGA that particular piece of legislation does not mention time limits.

The 5 and 6 years are part of the Limitation Act in England and Wales and the Prescription and Limitation (Scotland) act and those are the times in which you can bring an action in court not the times a item is expected to last.

Like quite a lot of legislation it depends on other legislation to bring it all together.

Equaliser123

moonrakerz wrote: »

"



The issuance of an EU directive is meaningless - it is NOT the Law in any EU member state. It is merely an instruction to introduce such a Law. If the Government of a member state believes it has a Law in place which meets or exceeds the requirements of the directive, it can ignore it. UK's SoGA is accepted in place of the "EU 2 year secret Law".

All very interesting but it is the Limitations Act that imposes the 6 year period. NOT the SoGA. It is a really important distinction.

You are wrong about an EU directive. It HAS to be law. The previous directive was exceeded by domestic legislation (in the form of SoGA as amended in 1994), you are correct.

You are totally wrong about the next directive- There are some really fundamental changes - DSR increases to 14 days for example. It is only now being commented about in the legal press.

Might want to check it before you spout the old "yes it's already been implemented" line.

CoolHotCold

Equaliser123 wrote: »

You are totally wrong about the next directive- There are some really fundamental changes - DSR increases to 14 days for example. It is only now being commented about in the legal press.

Might want to check it before you spout the old "yes it's already been implemented" line.

That 14 calendar days, not the current working days. In reality it means a maximum extra of 5 days and a minimum of 3 days.

The retailer also has to refund within 14 days after you inform them of your right to cancel.

You also will no longer get guaranteed your delivery costs, if you choose a more expensive delivery option you will only get back the lowest priced delivery charge they offer.