Sale of Goods Act/ Consumer rights question...

steve1873

Hi there, bit of a long story but some help and advice would be greatly appreciated. I do intend going to my local CAB, but as yet due to work and time constraints I have been unable to. Anyway on to my story...

In April last year I purchased a 1TB Samsung hard drive from a well known UK based online retailer (who will remain nameless at this juncture). In January the drive started displaying signs of being faulty and upon testing it with a diagnostic utility this was confirmed. I contacted the retailer and was given an RMA number and returned it. Within a few days I received an email stating that the drive had tested faulty and as such I was being refunded partially. I immediately emailed back stating that I wished the drive repaired or replaced, and if neither could be done, the drive returned to me so that I could make my own arrangements via the manufacturer (the drive shows on the manufacturer website as under warranty until 16/5/2014). I was then advised that the cost of replacement was disproportionate and as such had been refunded as per my entitlements. I then requested the drive returned and was initially led to believe that the drive had been located and arrangements were being made to return the drive and collect the partail refund - which had been issued without my consultation.

Here is my problem - the drive cost me £41.99 in April last year. To replace the drive today will cost me £84.99 due to the increase in hard drive prices towards the end of 2011 (neither the retailers nor my fault I accept). Therefore their partial refund leaves me in the situation where I cannot afford to replace the drive, which is required. This is of significant inconvenience to me. To replace a drive which is still under a full manufacturer warranty for a further 27 months I am being forced to spend approximately ~£50 in addition to the ~£40 I have been refunded.

Their latest reply to me has indicated that my drive has been "disposed of", so cannot be returned to me, despite this being indicated initially. And that I had been dealt with fairly and in line with the Sale of Goods Act.

I wish to make it clear at this point that I never rejected the goods, nor did I rescind the contract or request/agree to a refund. I have had it rescinded on my behalf by the retailer.

I believe I had a right to request the drive be returned to me so that I may make my own arrangements to have it repaired or replaced (as per the warranty). Am I correct in this belief? And as such does their failure to do so, and as such forfeit this right on my behalf constitute a violation of my consumer rights? Would I be able to claim damages?

I suggested that their claim of disproportionate cost was false as the cost to return the drive to the manufacturer is not disproportionate to my refund. However they responded by informing me they do not return the goods to the manufacturer! :huh:

I am obviously of the belief that the retailer has seen an opportunity to make a large percentage profit on a low cost/ low margin item and returned the drive to have it replaced and sold at the new higher price point. I accept this would be virtually impossible to prove however.

Thoughts and advice are most appreciated.

Valli

have I got this right...

you paid £41.99 for a hard drive?
it's developed a fault within a year?
they've refunded you the initial purchase price?

steve1873

Valli wrote: »

have I got this right...

you paid £41.99 for a hard drive?
it's developed a fault within a year?
they've refunded you the initial purchase price?

More or less, yes.

Valli

that's it then.

No further claim even if you now have to fork out more than you originally did for the 1TB drive. You can take your money and buy a replacement drive from whomever you choose.

What the vendor does with the returned goods is irrelevant BTW, your contract was with the vendor; they've had the goods back, agreed they're faulty and refunded you the purchase price. Their contractual relationship with the manufacturer is of no legal interest to you.

steve1873

Valli wrote: »

that's it then.

No further claim even if you now have to fork out more than you originally did for the 1TB drive. You can take your money and buy a replacement drive from whomever you choose.

What the vendor does with the returned goods is irrelevant BTW, your contract was with the vendor; they've had the goods back, agreed they're faulty and refunded you the purchase price. Their contractual relationship with the manufacturer is of no legal interest to you.

My issue is more to do with having the refund issued without consultation. I was of the belief that they could only offer a refund and I had the right to refuse and make my own arrangements to repair the drive - are you telling me that is definitively not the case?

Valli

well that would be the stuff mentioned in the rest of your post which I didn't manage to quite make head or tail of...

I *think* that the vendor is supposed to refund/repair/replace (their choice) - they chose to refund.

*Valli wanders off to check this*


ah - they should have offered you a refund then you should have accepted it

here

looks like you do have an issue with them, then. You did have the right to refuse the refund - depending on what was said when you were returning the item...

so you could go back to them, tell them they have failed to discuss your options, have overridden your rights and perhaps they might like to send you a new 1TB harddrive or return the faulty one;)

jonnyd281

Valli wrote: »

well that would be the stuff mentioned in the rest of your post which I didn't manage to quite make head or tail of...

I *think* that the vendor is supposed to refund/repair/replace (their choice) - they chose to refund.

*Valli wanders off to check this*


ah - they should have offered you a refund then you should have accepted it

here

looks like you do have an issue with them, then. You did have the right to refuse the refund - depending on what was said when you were returning the item...

so you could go back to them, tell them they have failed to discuss your options, have overridden your rights and perhaps they might like to send you a new 1TB harddrive or return the faulty one;)

I didn't see that there, as far as I can tell they (the retailer) have fulfilled their obligations under the SOGA, repair, replacement refund, vendors choice.

steve1873

jonnyd281 wrote: »

I didn't see that there, as far as I can tell they (the retailer) have fulfilled their obligations under the SOGA, repair, replacement refund, vendors choice.

I specifically see the word "offer" in the part regarding refund. By offering, do I not by default have the right to refuse said offer?

jonnyd281

steve1873 wrote: »

I specifically see the word "offer" in the part regarding refund. By offering, do I not by default have the right to refuse said offer?

They have said the cost of repair and replacement would be disproportionate to the cost of the drive, they have put you back in the position you would have been in had the contract never existed, (minus some money for the use you have had). I think that they have fulfilled their obligation.

Someone else might come along with a much better knowlegde, so worth hanging around.

unholyangel

steve1873 wrote: »

My issue is more to do with having the refund issued without consultation. I was of the belief that they could only offer a refund and I had the right to refuse and make my own arrangements to repair the drive - are you telling me that is definitively not the case?

Technically the consumer can request one remedy over another - repair, replace or refund and the refund can be partial to take into account use you have had of the item. However, the retailer can refuse if it is disproportionately costly.

The thing is, even if you did have rights to request it back and they didnt send it but instead refunded you.......what exactly can you raise a small claim against them for? And if you don't have the funds required to pay the difference for a new one, well.....the fee for small claims will be more.

somethingcorporate

At the end of the day they have given you your money back which is all they are required to do under SOGA.

I know hindsight is 20:20 but you should have returned to the manufacturer - they always tend to be a better bet with harddrives when they are under warranty.

You are on a hiding to nothing here.