Faulty item damaged my floor can i claim??

dette1510

i bought a sparkling indoor candle for my daughters birthday as we bought the cake out part of it flew off and continued sparkling on the floor leaving 4 burn marks. I looked up the company on the packaging (swan balloons) and it has gone into liquidation, but during my search it came up with another company desktop trading ltd. I contacted them and they asked me to send the faulty item to them and they would see about claiming from there insurers for the damage. I have contacted them again since and they told me as it wasnt originally sold by them as the product itself would of been 3 years old that i may not be entitled to claim. I would like to know what are my rights as far as claiming for the damage is? Are they responsible even though the original company went into liquidation? any help and advice would be appreciated.

sarahg1969

If there is a genuine fault that causes damage to something else, or injury to a person, you can pursue either the retailer or manufacturer, under the Consumer Protection Act.

arcon5

You have no claim against Desktop Trading Ltd if you didn't buy it from them. Leaving the only option open to be the manufacturer since the company you bought it from has gone into administration.

As it is 3 years old, you would also need to prove there was/is an inherent fault with the item that has caused the damage.

unholyangel

arcon5 wrote: »

You have no claim against Desktop Trading Ltd if you didn't buy it from them. Leaving the only option open to be the manufacturer since the company you bought it from has gone into administration.

As it is 3 years old, you would also need to prove there was/is an inherent fault with the item that has caused the damage.

Could be the OP didnt buy it 3 years ago? She did say she bought it for DD's bday but then again.....didnt say which birthday

Poppy9

Isn't the OP's claim against the retailer who sold her the candle?

shaun_from_Africa

Poppy9 wrote: »

Isn't the OP's claim against the retailer who sold her the candle?

Normally this is the case, but I believe that it is possible to take action against a manufacturer if they are making unsafe goods, providing they are based in the UK or Europe.
It may also be technically possible with Far East manufacturers, but the cost and time may make it just about impossible.

I've never heard of anyone actually taking legal action against a maker, but some may well have started and then stopped if they were given a no fault payout by the manufacturer.

arcon5

unholyangel wrote: »

Could be the OP didnt buy it 3 years ago? She did say she bought it for DD's bday but then again.....didnt say which birthday

I did entertain that though, but this sentence inparticular seems to support the fact the product itself it 3 yrs old:

they told me as it wasnt originally sold by them as the product itself would of been 3 years old that i may not be entitled to claim

Maybe op can clarify this as it could change things quite a lot?

dette1510

i bought the item in december 2011, it was desktop trading ltd who told me that it was around 3 years old. They asked me to send the sparkling candle of to them as they were in contact with the manufacturers and would pass it onto them to look at. Surely that would mean either desktop trading ltd or the manufacturers themselves have some responsibility for this.

unholyangel

dette1510 wrote: »

i bought the item in december 2011, it was desktop trading ltd who told me that it was around 3 years old. They asked me to send the sparkling candle of to them as they were in contact with the manufacturers and would pass it onto them to look at. Surely that would mean either desktop trading ltd or the manufacturers themselves have some responsibility for this.

I thought you didnt buy it from Desktop Trading Ltd? At least that was the impression I got from your posts. If that impression is correct and they aren't the manufacturers then no, they have no responsibility as they were neither responsible for the making of the product nor were they in a contract with you.

Where did you buy it from?

dette1510

i bought it from a shop local to me, i did not buy it from desktop trading ltd.

System

Desktop Trading have absolutely no liability.

Swan Balloons has gone into liquidation. Their website is stating that similar items can be bought from Desktop Trading. This is a totally separate company. Even if it has the same directors as the liquidated company (I.E a pheonix company) it does not have any responsibilities from the liquidated company.

Your recourse is through the shop only unless you want to chase a Far East (at a guess) manufacturer.