Faulty item bought over 1 year ago

embob74

I had read somewhere that a product is expected to work for 6 years although manufacturers only give a 1 year guarantee.
I bought a plug 'n' play games console over a year ago but have never used it. I recently sold (swapped) it and the buyer has informed me it doesn't work
I probably still have a receipt somewhere (I'm a hoarder) but I know I bought it from Morrisons. Am I able to take it back for a refund or replacement (have never seen them instore again though) even if the manufacturers warranty has expired? I wouldn't normally consider it but the item has remained boxed and never used so it must have been faulty when I bought it.
As an aside.....is it fair for me to expect the buyer to return at their own expense before I refund? The postage was over £5 and will obviously inconvenience them a little and I want to be fair but then again I don't want to issue a refund just because they said it's not working....any advice on the returns issue would be gratefully received.

miduck

Goods are expected to work for up to six years - not all will last that long. It is for you to prove to the retailer that the item was inherently faulty before they offer a remedy to the fault - the fact that it has not been used does not automatically mean it has always been faulty.

If the item is faulty, it is for you to cover the buyer's costs, including postage. How much is the item worth?

embob74

The item retailed for £40-£50 new and sells second hand for about £20....I got a great deal though (or so I thought!) and bought for £15.
I didn't actually sell the item though - I advertised it as would sell for £20 posted and ended up swapping. The items I received in exchange were some paperback books (great condition) and a glowing teddy which was supposed to be for my DD but is in fact a little grubby to be giving to a baby :-(
So not sure what the value is really.....I guess I haven't lost a lot but I was just thinking it would be easier to give the buyer another games console rather than trying to negotiate what she thinks her goods were worth!

embob74

miduck wrote: »

If the item is faulty, it is for you to cover the buyer's costs, including postage. How much is the item worth?

And therein lies the problem - as it was a swap I have not actually received a specific payment for the the item and so wouldn't know what to 'refund' the buyer so that both of us are happy with the outcome (I realise I will always have to be less happy at the outcome due to the fact I will be the one out of pocket financially)

miduck

If they no longer sell it, the best you can hope for is a refund, and I would say your chances of that are pretty low after such a length of time. You never know, if you get a generous assistant they may refund without question.

Because you were effectively paid in goods, then the correct remedy between you and the buyer would be to send the goods back to each other, putting you both back to where you started. However, as it is you that has effectively breached the agreement, the cost of effecting this remedy would lie with yourself.

I'm not sure what I would do in your position - does the lady live far away? It could become costly to start posting goods to and fro.

miduck

embob74 wrote: »

And therein lies the problem - as it was a swap I have not actually received a specific payment for the the item and so wouldn't know what to 'refund' the buyer so that both of us are happy with the outcome (I realise I will always have to be less happy at the outcome due to the fact I will be the one out of pocket financially)

Whilst you have not received cash, you have received consideration, so forming a contract between yourself and the other party.

embob74

miduck wrote: »

Because you were effectively paid in goods, then the correct remedy between you and the buyer would be to send the goods back to each other, putting you both back to where you started. However, as it is you that has effectively breached the agreement, the cost of effecting this remedy would lie with yourself.

I might actually put this idea to the lady. I am not particularly keen on keeping the teddy anyway so it would be no great loss.

Unfortunately it will mean posting and her items cost just £2.20 whereas mine was almost £6 due to the weight.
I might have to consider whether to get the console back to try for a refund (Morrisons have always been great whenever I've had a problem before so it's at least worth a try) or whether I just accept her word that it is faulty and send her items back.

A lesson learned.....I should just bin my junk rather than trying to sell it as it always ends up costing me more than I make :rotfl:

wealdroam

OP, can you be sure that the games console that is now allegedly faulty is the same one that you sent?

It is not unknown for recipients to get a working replacement and then claim that it is broken and try and return their old failed unit.

I hope you can positively identify the unit you sent?
By serial number perhaps?

Techhead_2

miduck wrote: »

Goods are expected to work for up to six years - not all will last that long. It is for you to prove to the retailer that the item was inherently faulty before they offer a remedy to the fault - the fact that it has not been used does not automatically mean it has always been faulty.

If the item is faulty, it is for you to cover the buyer's costs, including postage. How much is the item worth?

This is badly worded.

Goods are NOT expected to work for up to six years. Merely that you have, in England, up to six years to make a claim. However, you would need to provide proof that the goods were inherently faulty and/ or that you could reasonably expect the goods to last that long.

yangptangkipperbang

Techhead wrote: »

This is badly worded.

Goods are NOT expected to work for up to six years. Merely that you have, in England, up to six years to make a claim. However, you would need to provide proof that the goods were inherently faulty and/ or that you could reasonably expect the goods to last that long.

Spot on ! Your response is very diplomatic :cool:

It is so dispiriting to read (so often) that people's understanding of consumer legislation relies on "I read somewhere" or such similar gems and then for them to be told (on MSE) that "goods are expected to work for up to six years"...................

SuperHan

Did you pay by card or by cash originally? It may be worth just sending the receipt to the new owner, and let them deal with the problem. If they want to claim under manufacturer warranty, then the receipt should be enough proof of purchase.

If you paid cash, then it'll probably be enough to claim under SoGA too (although technically, by the letter of the law, the contract is between you and the retailer, but in a cash payment, it's nigh on impossible to determine who "you" are). To claim under SoGA though, the owner may need to pay for an independent report to say that the fault is inherent before the retailer will act. Within a year, a lot of retailers will give a goodwill gesture and just repair/replace/refund, but be aware that a report *may* be required.

If you paid card, I don't really have any advice, than the above... Other than sending the receipt and telling the new owner to tell the retailer that they don't have that card any more as they lost it? (A bit dodgy, but a remedy all the same...)