Defective Canon camera

Johnnn

Hi:

I'd welcome some advice on this.

In December 2009 I bought a Canon camera from John Lewis. It had little use until my holiday in July 2010, when the lens started to make a whirring noise as it opened. I returned it to John Lewis and they sent it away for repair under warranty. It was returned with a new lens fitted and a software update.

Again, it had little use until July 2011, when this time on holiday it started to sow a ? as the icon for previously successfully taken and previously viewable photos and videos, so was apparently damaging or overwriting the previously recorded images. This happened with a number of different memory cards. I was able to recover some of the photos with recovery software.

I again returned that camera to John Lewis, who said it was out of warranty. I said that the Sale Of Goods Act applied and that as it was an expensive camera (approx £280) it should have a life in excess of two years, so they should repair or replace it. They said this only applied for 6 months after purchase.

Can anyone confirm the legal position here, so I can pursue this with them?

Many thanks,

John

arcon5

After 6 months the burden of proof that the fault is inherenet is on the customer, before 6 months on the retailer. If you wish to have them repair it as per Sales of Goods Act you would need to obtain an independant report confirming the fault.

I'd write to head office first though.

Johnnn

Thanks arcon5.

If a fault is proven, what is the position then? Am I correct in stating that it should last for more than two years, so they should repair it? Is there any case law anyone is aware of that I can quote?

John

visidigi

If proven then you have it repaired, as its over 12 months old you should deal with the manufacturer, they should also reimburse you for the cost of the report if the report does show in your favour. If the report does not show in your favour then you will be liable for the report and also still have a broken camera.

You might want to find out how much Canon would charge to fix the fault though, as this maybe less than an expert report and would guarantee you get it fixed without further cost.

No legal precedent is required as proof, its the standard SoGA process and regulations.

somethingcorporate

visidigi wrote: »

If proven then you have it repaired, as its over 12 months old you should deal with the manufacturer, they should also reimburse you for the cost of the report if the report does show in your favour. If the report does not show in your favour then you will be liable for the report and also still have a broken camera.

You might want to find out how much Canon would charge to fix the fault though, as this maybe less than an expert report and would guarantee you get it fixed without further cost.

No legal precedent is required as proof, its the standard SoGA process and regulations.

Legally speaking they should deal with the retailer not with the manufacturer. However, this is not always the best course of action and dealing with the manufacturer can often be the quickest route to successful recourse. As it was just this week when my new BenQ monitor from Currys broke.

bb999

visidigi wrote: »

If proven then you have it repaired, as its over 12 months old you should deal with the manufacturer, they should also reimburse you for the cost of the report if the report does show in your favour. If the report does not show in your favour then you will be liable for the report and also still have a broken camera.

You might want to find out how much Canon would charge to fix the fault though, as this maybe less than an expert report and would guarantee you get it fixed without further cost.

No legal precedent is required as proof, its the standard SoGA process and regulations.

Sorry but this is clearly wrong. Your claim under SOGA is with the supplier, not with the manufacturer. You have no claim whatsoever against the manufacturer, and would be VERY unlikely to have any additional costs paid by them.

Johnnn

I have successfully pursued my claim again John Lewis, who have eventually agreed to pay the full repair cost, but this has caused so much hassle that I will write to their Chief Executive to complain about their staff's ignorance of their responsibilities under the SoGA.

A while ago I found a website giving chief executive's email addresses, but cannot locate it now. Does anyone know where this is located, or the appropriate email address?

Thanks,

John