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Sale of Goods Act/ Consumer rights question...

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  • jonnyd281
    jonnyd281 Posts: 569 Forumite
    Part of the Furniture 500 Posts
    Actually thinking about this, since it was over six months between the OP buying the disk and the fault occuring, the retailer has gone over the SOGA, OP did you get an independent report stating that the fault was inherant, ie one existing at the time of manufacture/sale, strictly speaking they could have made you pay for this before even entertaining a refund or repair or replacement.

    (and before anyone else jumps on me I know in this case there is a manufacturers warrenty in place).
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jonnyd281 wrote: »
    Actually thinking about this, since it was over six months between the OP buying the disk and the fault occuring, the retailer has gone over the SOGA, OP did you get an independent report stating that the fault was inherant, ie one existing at the time of manufacture/sale, strictly speaking they could have made you pay for this before even entertaining a refund or repair or replacement.

    (and before anyone else jumps on me I know in this case there is a manufacturers warrenty in place).

    If found in your favour, the cost of the report is refundable though. In the case of SoGA anyway.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • jonnyd281
    jonnyd281 Posts: 569 Forumite
    Part of the Furniture 500 Posts
    If found in your favour, the cost of the report is refundable though. In the case of SoGA anyway.

    Absolutely agree, sorry forgot to put it in my original post.:o
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 28 February 2012 at 8:26PM
    steve1873 wrote: »
    They did initially give me a full refund. My continual complaints caused them to issue a further £5 odds refund yesterday taking it to the full £41.99.

    TBF, if hard drive prices hadn't increased so drastically - they are still over 200% more expensive - I wouldn't really care. I would take the money and replace it. However, it is the feeling of being effectively robbed of ~£50 which is the sicken-er. In that respect, their refund is fair and proportional to what I paid. I am certainly not disputing that. But it is more the fact that they issued the refund and disposed of my drive without offering me the right to refuse the refund and make my own arrangements to have the drive repaired or replaced.

    I may have actually gone down the route of having the drive inspected independently to ascertain if the fault could have been present at time of sale - but this has again been taken out of my hands.

    I think I will still talk to CAB and see what they have to say. But I appreciate all of your comments and I can actually see it from both points of view.

    There have been problems abroad leading to a shortage in hard-drives and many computers.

    We’ve never had this problem before, but I walked into the Apple store last week, asking for 31 iPads and 22 iMac’s (to order, not take away), and we’ve been told that corporate orders are being put on hold.

    There are also a lack of iPhone 4S’s, we’ve noticed. I’m still a 3GS user, however a lack of handsets in our office (by just 14, going onto SIM-Only) doesn’t help when we’re taking on large numbers of new 6-month contract staff (with a view to making perm) :mad:
    💙💛 💔
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