Soga 6 year time limit - when from

Bellalolo

Please can anyone advise when the six year time limit on SOGA complaints apply.

1) Day or purchase - paid 10% deposit?
2) When goods delivered?
3) When balance of finance has been paid - 2 years after delivery?

Thanks

wealdroam

From date of sale.

unholyangel

You can make a claim under SoGA for up to six years after purchase in England.

In Scotland, you have 5 years from discovery to make a claim.

bb999

Which effectively means date of delivery.

Reading between the lines I guess you have something between 6 & 8 years old which has a fault!

arcon5

bb999 wrote: »

Which effectively means date of delivery.

Reading between the lines I guess you have something between 6 & 8 years old which has a fault!

I'd say day of sale, not the day you take receipt of goods.


Note to op... just because you can persue an issue via the courts for upto 6 yrs doesn't mean goods should last 6 years nor does it mean you have a case. For example, if you bought a 2nd user washing machine, and it broke down after 3 years -- because of its age and price it is unlikely you will win in court.

pinkshoes

The date you receive the goods.

(Although the 6 years is a maximum, so you can't claim for something that wouldn't expect to last that long!!)

Googlies_2

Bellalolo wrote: »

Please can anyone advise when the six year time limit on SOGA complaints apply.

1) Day or purchase - paid 10% deposit?
2) When goods delivered?
3) When balance of finance has been paid - 2 years after delivery?

Thanks

SOGA doesn't have a 6 year time limit, its the statute of limitations that limits.

mo786uk

Limitations Act says

5 Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Bellalolo

Item was not as described only found out recently - 1month over six years from delivery (furniture).

The_Pedant

In what way is it 'not be as described' more than 6 years after you purchased the item?
In most cases, the period directly after purchase is your opportunity to thoroughly inspect the goods to ensure they are as described and to ensure they conform to expectations. After that initial period you may be deemed to have accepted the goods with any slight differences being accepted.

Either way, as it is over 6 years since you took delivery I think you may be hard pushed to pursue any claim against the seller (unless maybe you have something documented that it would last longer etc). Even if you were under the 6 year limit, any remedy may take into account the use you've had from the item and therefore you you might only get a small contribution toward a remedy.

unholyangel

The_Pedant wrote: »

In what way is it 'not be as described' more than 6 years after you purchased the item?
In most cases, the period directly after purchase is your opportunity to thoroughly inspect the goods to ensure they are as described and to ensure they conform to expectations. After that initial period you may be deemed to have accepted the goods with any slight differences being accepted.

Either way, as it is over 6 years since you took delivery I think you may be hard pushed to pursue any claim against the seller (unless maybe you have something documented that it would last longer etc). Even if you were under the 6 year limit, any remedy may take into account the use you've had from the item and therefore you you might only get a small contribution toward a remedy.

As pendant wrote above, not as described would (in about 99% of cases) be something that was immediately apparent. Not of satisfactory quality may be a better bet. Perhaps you can tell us what the problem is?

Of course, also as above, unless you live in scotland.......i'm afraid it is almost definite you will be outside of the period in which you have to legally make a claim. Unless it perhaps came with a 10 year guarantee?