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claiming against importer.
cindychops
Posts: 20 Forumite
First time poster so i hope i'm posting in the right section,i am after some advice please for an incident that caused an injury to me.
About 5 mths ago i bought an electric r/c helicopter from a shop and to cut a long story short the next day i ended up in A&E for 5 hrs with the ends of 3 fingers cut of and 2 bones fractured:(,the shop owner returned the helicopter back to the importer for it to be examined and 2 weeks later no fault was found but as a goodwill gesture they replaced it with another helicopter worth twice as much!(which i sold and made a loss of £50.00 from the original purchased heli).
As it is now 5mths later and my fingers have not improved and i may be needing surgery i thought i would make a claim as it is affecting my
work as i am self-employed.
Now for the main question that i need advice on,as the importer had made no contact with me just the shop owner was it right of them to have destroyed the helicopter after they found no faults thus not giving me an option to have it independently examined?
any advice would be most helpful.thanks.
About 5 mths ago i bought an electric r/c helicopter from a shop and to cut a long story short the next day i ended up in A&E for 5 hrs with the ends of 3 fingers cut of and 2 bones fractured:(,the shop owner returned the helicopter back to the importer for it to be examined and 2 weeks later no fault was found but as a goodwill gesture they replaced it with another helicopter worth twice as much!(which i sold and made a loss of £50.00 from the original purchased heli).
As it is now 5mths later and my fingers have not improved and i may be needing surgery i thought i would make a claim as it is affecting my
work as i am self-employed.
Now for the main question that i need advice on,as the importer had made no contact with me just the shop owner was it right of them to have destroyed the helicopter after they found no faults thus not giving me an option to have it independently examined?
any advice would be most helpful.thanks.
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Comments
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If you accepted the offer of a replacement. The original product became their property again to do with whatever they wanted.
Just out of interest though what was the fault you claimed in order for the helicopter to have injured yourself?0 -
How did you manage to cut your fingers off.
What did you do, fly the helicopter right into you. your were you trying to pick it up while it was still spinning blades?0 -
Honestly without more information you are right now classified as a troll.
And yes, after such a long period of time they were within their rights to relieve themselves of the helicopter.0 -
CoolHotCold wrote: »Honestly without more information you are right now classified as a troll.
Why? They've not asked any questions regarding the claim. Only if the retailer had a right to dispose of the helicopter. The extra information about accidentally chopping the ends of their fingers off has been asked by other posters (including myself) but is not really relevant to the question asked.0 -
Was it CE certified safe (which is the duty of the importer)? Was the importer just some bloke with a container of Chinese knock-offs, or a 'proper' model and toy retailer? Was the unit used in accordance with the instructions?0
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Thanks for all the replys,the helicopter spun up full speed when i was disconnecting the battery and was a problem with transmitter,it seems funny that it took them 2 weeks NOT to find a problem with it but as a goodwill gesture replace a £200 helicopter with a £400 one.
The last thing i wanted was another heli and would have been happy with a refund,i now have no way of proving the product was indeed faulty as it has been destroyed.
I just need to know if they are within their rights to have done that?
thanks again.
p.s. i'm not a troll.0 -
If you accepted the replacement, then I think that's all they are obliged to do. If you wanted it back, you should have said so, preferably in writing, at the time you sent it off for them to look at.
Your contract is with the retailer - not the importer. As such, if there was any issue of compensation, you would sue the retailer, then they would sue the importer for their consequential loss, if it was proven that the item was faulty and had caused your injury.0 -
CoolHotCold wrote: »Honestly without more information you are right now classified as a troll.
No it doesn't, give the OP a chance.0 -
i was not given any options regarding refund/replacement/getting the damaged goods back i just got a phone call saying they have helicopter for me to collect!no paper work signed.0
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If MSE has taught me anything, that asking very vague questions relating to personal injury is almost always either someone trying to hide something to obscure the facts so we only see their side, that or they really have nothing better to do then stir the pot.
Still, I answered the question, just predated it with a warning.0
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