Second hand store selling item as faulty when its fire damaged inside, rights?

dekaspace

I went to a local Cash Generator that sells faulty Xbox'x for £9.99 without leads or pads and I wanted to repair one and sell it to a friend as had spare cables and a pad and even if it didnt work I could sell on Ebay and get back what I paid.

I was assured that the items just had RROD and had never been opened, but when I took it home I noticed inside the capactiors were broken and parts of the board physically melted and googling it the only way this happens is when someone attemps to fix Xbox by putting it in oven and doesnt insulate it right.

Store refuses a replacement as it was sold as faulty but this is dangerous!

texranger

dekaspace wrote: »

I went to a local Cash Generator that sells faulty Xbox'x for £9.99 without leads or pads and I wanted to repair one and sell it to a friend as had spare cables and a pad and even if it didnt work I could sell on Ebay and get back what I paid.

I was assured that the items just had RROD and had never been opened, but when I took it home I noticed inside the capactiors were broken and parts of the board physically melted and googling it the only way this happens is when someone attemps to fix Xbox by putting it in oven and doesnt insulate it right.

Store refuses a replacement as it was sold as faulty but this is dangerous!

it was sold as faulty/ not working , so how can it be dangerous if it was bought not working.

you bought it as a FAULTY item and then took it back to the store because it was faulty, what do you expect them to do give you a brand new one for a tenner.

dekaspace

texranger wrote: »

it was sold as faulty/ not working , so how can it be dangerous if it was bought not working.

you bought it as a FAULTY item and then took it back to the store because it was faulty, what do you expect them to do give you a brand new one for a tenner.

When did I even attempt to imply that? I expected a faulty item but not one that had been physically melted inside so would of been happy to get another console.

As it is the console cant even be used for parts.

hollydays

Cash generators were not told,"I put this in the oven",i presume?They bought it in good faith.
Do you think they have time to analyse a faulty product,that costs £10? Its quite likely this has been previously picked up at a car boot sale.This is the danger of buying any 2nd hand electrical goods-you shouldnt do it.Even items that have been pat tested may have been withdrawn by the manufaturers,or recalled.Even if there were absolutely no usable spare parts-which i doubt-you bought a pile of rubbish-like it said on the tin.

texranger

dekaspace wrote: »

When did I even attempt to imply that? I expected a faulty item but not one that had been physically melted inside so would of been happy to get another console.

As it is the console cant even be used for parts.

but it is faulty all the same. it was sold as faulty, it is faulty and is NOT dangerous as you stated earlier, so you got what was advertised a faulty console.

dekaspace

texranger wrote: »

but is is faulty all the same. it was sold as faulty, it is faulty and is NOT dangerous as you stated earlier, so you got what was advertised a faulty console.

It could be dangerous if the console got power since the board is melted it may of caused a fire or anything.

hollydays wrote: »

Cash generators were not told,"I put this in the oven",i presume?They bought it in good faith.
Do you think they have time to analyse a faulty product,that costs £10? Its quite likely this has been previously picked up at a car boot sale.This is the danger of buying any 2nd hand electrical goods-you shouldnt do it.Even items that have been pat tested may have been withdrawn by the manufaturers,or recalled.Even if there were absolutely no usable spare parts-which i doubt-you bought a pile of rubbish-like it said on the tin.

I was however told the item turned on and the only fault is RROD and they check each console turns on etc before selling them so since this one didnt turn on they lied when selling it.

I could be picky and say the cpu may be a usable spare part or the heatsink but I cant test them to check however the actual capacitors on board were leaking and/or ready to burst, the internal sata port was physically melted as was the eject button and the memory card ports as well as the part where the console turns on.

Or I could say use the outer shell etc.

unholyangel

Just to point out, if you buy something that has a fault and are made aware of that fault at time of purchase, you have no rights under SoGA.

HOWEVER, if another fault is apparent/develops you DO have rights under SoGA.

As this has been described as RROD and clearly isnt, I'd say you have just cause IMO.

esuhl

dekaspace wrote: »

I was assured that the items just had RROD and had never been opened...

So if that's not the case, the retailer has broken the SoGA by supplying goods that are "not as described" (which I think is one of the few parts of the SoGA that applies to secondhand goods).

If it was me, I'd take the console to an independent repair shop and ask for an engineers report stating that it appears to have been damaged in fire, then submit that with a letter to the retailer threatening legal action if they don't refund you and pay for the cost of obtaining the report (not sure if you can legally claim for this, but I'd ask anyway!).

Of course this comes down to your word against theirs, but if I was in the right, I'd at least threaten legal action in the hope that they'll do the right thing.

Flyboy152

hollydays wrote: »

Cash generators were not told,"I put this in the oven",i presume?They bought it in good faith.
Do you think they have time to analyse a faulty product,that costs £10? Its quite likely this has been previously picked up at a car boot sale.This is the danger of buying any 2nd hand electrical goods-you shouldnt do it.Even items that have been pat tested may have been withdrawn by the manufaturers,or recalled.Even if there were absolutely no usable spare parts-which i doubt-you bought a pile of rubbish-like it said on the tin.

It makes no difference whatsoever what they were told by the person who sold it to them. They still have to abide by the SOGA.

Flyboy152

esuhl wrote: »

So if that's not the case, the retailer has broken the SoGA by supplying goods that are "not as described" (which I think is one of the few parts of the SoGA that applies to secondhand goods).

If it was me, I'd take the console to an independent repair shop and ask for an engineers report stating that it appears to have been damaged in fire, then submit that with a letter to the retailer threatening legal action if they don't refund you and pay for the cost of obtaining the report (not sure if you can legally claim for this, but I'd ask anyway!).

Of course this comes down to your word against theirs, but if I was in the right, I'd at least threaten legal action in the hope that they'll do the right thing.

I don't thnk I would worry over ten pounds. I would be seriously irked and make it very difficult for the pawn shop, but I don't think I would bother with court.

esuhl

Flyboy152 wrote: »

I don't thnk I would worry over ten pounds. I would be seriously irked and make it very difficult for the pawn shop, but I don't think I would bother with court.

Oh, blimey! I skimmed over the price there! Yeah... I'd be pretty annoyed and would be as awkward as I could... I'd probably still threaten legal action (just out of sheer anger) but the time and effort I would need to put into a court case would be worth more to me than a tenner...