GRRRRRRRRRRRRRRRR @ HMV and Microsoft

immoral_angeluk

for saying that 12 months is 'REASONABLE TIME' for something to work under the sale of goods act. Our xbox 360 is showing the 3 red lights of death after only 18months but neither HMV nor microsoft will accept that when you pay £400 odd for something you expect it to last longer than 18 months!!!!
Needless to say both companies will be recieving seriously strong worded letters of complaint!!

furrypolka

It'll be HMV that you have to really go after, as they're the ones liable under the Sale of Goods Act (The manufacturer's liability begins and ends with any warranty they may or may not provide).

How did you pay for it?

Voyager2002

Sound like my wide-screen TV. Bought from Empire Direct in January 2005, and now the picture has gone! I emailed them over the weekend but as yet have not heard anything from them.

So now what?

immoral_angeluk

furrypolka wrote: »

It'll be HMV that you have to really go after, as they're the ones liable under the Sale of Goods Act (The manufacturer's liability begins and ends with any warranty they may or may not provide).

How did you pay for it?

I think it was cash to be honest as DH's preordered it and paid bits towards it. Have just put together my complaint letter.. am not impressed with them at all!

Idiophreak

if you want your TV to work for longer than two years, you're best off trying to get some sort of extended cover when you buy it, otherwise you can't expect much sympathy.

As to the 360 thing - I really think you've got quite a cause to be miffed - how did you speak to them? in store? over the phone?

If you don't have any luck, might be worth contacting the CAB for advice.

immoral_angeluk

I spoke to both microsoft and hmv over the phone. DH works for them and apparently his boss said there's nothing they can do as it's out of the 12 months which is why I'm taking it further.

Here's my complaint letter.. does this sound ok???

Dear Sir/Madam,

Re: XBOX 360 console serial # 409236454505

I purchased the above Xbox 360 console on its launch date on 2nd December 2005. After 16 months flawless gameplay our console has developed a fault and is now displaying the ‘3 red lights of death’, so to speak, showing a general hardware failure. I assure you that the console has not moved in the entire 16 months and we had no warning of the problem as it has always worked perfectly up to now.

After speaking with both your customer services and Microsoft, neither party are accepting responsibility and Microsoft expected us to pay £83, even though they are fully aware of this fault in launch consoles.

However, I put it to you that as a retailer you are subject to the Sale of Goods Act which states that all goods must be fit for purpose and as quoted in section 13(2b) ‘For purposes of this Act, the quality of goods includes their state and condition and the following (amongst others) are in appropriate cases aspects of the quality of goods – a) fitness for purposes for which goods of the kind in question are commonly supplied ....... e) durability.’

Also goods should be fit for purpose for a ‘reasonable time’ from purchase date. A £300 console should be expected to be fit for purpose for a lot longer than 16 months and so I put it to you that you are liable for the replacement or repair under the sale of goods act under sections 48 A and B as the goods do not conform to the contract of sale.

I look forward to your swift reply with an offer. I have already forwarded this letter onto BBC’s Watchdog and am preparing to contact Trading Standards unless a suitable repair or replacement is offered.

Also a copy of this letter has been taken should I need to take my complaint further and to Small Claims Court if necessary.

If you need any further details or information then please ask.

Regards,



Mrs Sarah Giles

furrypolka

That's fine, you may wish to give them a reasonable date by which to respond to you rather than just saying "swift reply".

Idiophreak

Might be worth going to a (different) HMV store and trying to kick up a bit of a fuss.

I used to work there and it would always go through three stages.

1) I say "no, sorry, it's outside the 12 month warranty, nothing we can do"
2) They ask to speak to my boss, nearest buyer comes over says "no, sorry, it's outside the 12 month warranty, nothing we can do"
3) They ask to speak to his boss, store manager comes over and eventually (or, more annoyingly, immediately) gives in just to shut the customer up.

The more I think about it, the more I think you're right. The warranty period has nothing to do with HMVs obligation under the sogs...

Voyager2002

immoral_angeluk wrote: »

Here's my complaint letter.. does this sound ok???

Dear Sir/Madam,

snip

Thank you for posting this. I shall amend it and use it for my TV with Empire Direct (who said, when I telephoned them, that since it was out of guarantee they would not do anything unless I could prove that it had been faulty when supplied).