Small Claims Court case

tillster

I am uncertain whether I can make a Small Claims Court case against the manufacturer of a second hand electronic product I bought last September.

I bought an hi fi amplifier last September for 750 pounds. This was from a fellow user of a forum I use, and the amp had just returned from repair from a well known dealer and distributor of this product. I spent two long conversations with the dealer who explained what the problem had been and what had been replaced on the item.

Anyway, the problem that had previously been 'fixed' then returned after weeks, and I sent the amp back to the dealer; he had previously stated that his work on the fault was guaranteed. Given that the new item fitted was tested, and new, it was clear that the the diagnosis of the problem was incorrect, and that the new part fitted had not fixed the problem.

To cut a long story short, that was in October.

6 months down the line and the dealer / official UK technician for the company has been unable to identify the cause of the problem; his point being that if he cannot locate the problem, then he cannot fix it. The manufacturer has offered no assistance, and shows no interest in suggesting how to fix the problem.

Can anyone in this case be successfully challenged through the small claims court?

alared

Whoever you bought it off is responsible for the "fit for purpose"or whatever the legal def. is.

Have a look at MCL site where it gives a guide about who and what you can claim against and who you can`t.

alared

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

furrypolka

You have no rights under the Sale of Goods Act against the manufacturer and you won't be able to pursue them in court for this. The only person you can pursue is the person that sold you the goods, and if they were a private seller then you have no rights regarding the quality of the goods I'm afraid - it's very much "buyer beware" when purchasing privately.

tillster

Thanks for the tips folks. Much appreciated

Alared; I'll read throughthe info under the link, but it seems as though I am 750 quid out of pocket

Booger

WhiteHorse

This is my understanding ...

You have no claim against the manufacturer. I am unsure if the guarantee from the repairer is transferable. I would suspect not.

Generally speaking, it is correct to say that Sale of Goods Act 1979
(as amended by Sale and Supply of Goods Act 1994) does NOT apply to private sales.

However, s13 does apply to private sales and requires that goods must match their description. Just how the item was described is very important (written evidence would be helpful).

In similar vein, it is possible that the Misrepresentation Act 1967 might also be of some use.

Given however that it was a private sale, that 6 months have elapsed, and that the seller appears to have genuinely believed the problem [of which you were informed] to have been fixed, your chances of a satisfactory outcome are very slim, although citing the above might just produce a partial refund.

Voyager2002

All I can suggest is the specialist press. An amp that costs 750 pounds second-hand must have been made by a firm that values its reputation and sells high-value products to discerning clients. Such a firm would be very concerned if a story like yours were to be publicised in the specialist hi-fi magazines, and would probably step in to offer some kind of a solution.

Again, if the leading dealer in the product does not know what the problem is, it is likely to be something rather obscure. There is a newsgroup about hi-fi in the UK, inhabited by some very knowledgeable people, who might be able to suggest how to solve the problem.