B4UDirect - Faulty Sat Nav

Myser

I purchased a faulty Garmin Sat Nav from B4UDirect in August 2009.

Within 10 days (7 working days) of purchasing and using it I noticed that there was a fault which caused the unit to randomly switch off while operating. It would also occasionally lock up.

I contacted B4UDirect's customer services for a refund but they said I could not have a refund as I notified them after 7 days. At the time, their 'Right of Retraction' policy stated that a product can only be returned within 7 days for a refund if one is not satisfied with the product.

I explained that I did notify them within 7 (working) days and that the item was faulty. However, their 'Right of Retraction' policy didn't apply in this case anyway.

I sought advice from Consumer Direct who advised me that under the Sale of Goods Act 1979 as amended, I am entitled to a refund as since the unit was faulty from new.

I had no luck corresponding with B4UDirect -they said I needed to speak to Garmin directly for a repair. Which I know isn't the case as the retailer is responsible.

I have contacted Trading Standards and my credit card company. The credit card company wasn't much help either and advised me to resolve it with B4UDirect.

This has gone on for so long now and I have a useless Garmin Sat Nav which I haven't been able to use.

What are my rights now as it is has been 2 years since I purchased it?

arcon5

2 years ??? :eek:

why didn't you persue it when you received the goods.

You can reject an item within reasonable time under SoGA for a full refund. After this, if an inherent fault developes you would be entitled to a repair/refund(parial refund)/replacement -- effectively their choice.

After 6 months the burden of proof is on the consumer to prove the fault is inherent. However you did inform them within this time period -- but i'm not sure how it would look with regards to 'accepting' the product despite the problem as you have not persued it for soooo long

Myser

I have been pursuing this for a long time. I didn't only contact them once. My initial contact was within 10 days (7 working days) to notify them that it was faulty. However, they kept fobbing me off telling me that I had to contact Garmin to have it repaired.

What am I able to do now?

I was thinking of obtaining an independent report on the faulty Sat Nav from somewhere like Halfords?

DVardysShadow

Myser wrote: »

I was thinking of obtaining an independent report on the faulty Sat Nav from somewhere like Halfords?

Did you WRITE to the supplier when the problem arose originally? Do you have a copy of letters written?

If you can demonstrate with evidence which will hold up in court that you raised a complaint early in this saga, you could take it to court and you stand a good chance of winning. But if you don't have evidence, then forget it and move on.

Don't be a mouse and drop this if you have evidence you have pursued the matte. What evidence do you have?r

Myser

I still have the original E-mails and replies from the company.

I just didn't want all the hassle and expense of taking them to court if I knew I didn't have a case?

DVardysShadow

Then you need to decide whether you are going the whole way and take them to court.

wealdroam

I fear you have left it too long.

You could've rejected the thing outright within a reasonable time of the purchase, and received a full refund, but that reasonable time expired long ago.

They kept telling you to contact Garmin, but you knew that was wrong?

So what did you do about that?

Did you ever contact Garmin?

Did you continue to pester the retailer?

When was your last contact with the retailer?

Does the retailer still exist?

Myser

B4UDirect still exists and there are many comments and reviews online by others that have also had a problem with them.

After I had no success with the retailer, I contacted Trading Standards and my credit card company however, the credit card company told me to try and resolve it with the retailer.

arcon5

Myser wrote: »

B4UDirect still exists and there are many comments and reviews online by others that have also had a problem with them.

After I had no success with the retailer, I contacted Trading Standards and my credit card company however, the credit card company told me to try and resolve it with the retailer.

How long after did you contact the CC company? When did they respond? Did you contact the manufacture?


Please build a time line of events..

I still don't understand how this can be going on for 2 years!!! Surely after 2 months anybody would realise they are not getting anywhere and decide to take it further.

Myser

I pursued this for about a year with various organisations without any success. After that, I didn't know what to do? I haven't yet compiled a timeline of events.

I've recently been reading on the Money Saving Expert Forums about people who have claimed long after the purchase date and had success. Hence, my post.

Every time I have spoken to Consumer Direct for advice, they tell me that my credit card company are jointly liable. As I mentioned, I've not had much luck with them either.

I have avoided taking B4UDirect to court as I never done it before. Do I have a case against the credit card company too?

I've read that it isn't a good idea to take a credit card company to court even though they are jointly liable!

wealdroam

Myser wrote: »

Every time I have spoken to Consumer Direct for advice, they tell me that my credit card company are jointly liable.

As indeed they are.
Have you read MSE's Section 75 Refunds article?

In there you will find lots of good information.
There are also sample letters that you might write to the CC Co.

If I were you I would be writing a letter before action to the retailer.
Set out what you are complaining about, what you expect them to do about it, when you expect this to happen and what will happen if they don't perform..
For example, explain the fault, tell them you want a replacement that works, and if that doesn't happen within 28 days (would normally use a shorter period but you have been rather lax) you will start the legal process to get a remedy through the small claims court.

It might be risky asking for a refund as they are entitled to deduct an amount for the use you have had, but as you advised them of a problem within a week of purchase that should not be an issue.

Links to sample LBAs can be found in the READ ME FIRST thread.
Make it a real letter and send it recorded delivery.