Faulty goods query :(

Olly_P

Hello! I've been using MSE for a while, but have signed up as i'm after some advice. I've read though the 'SAD FART' guide and advice on the citizens advice bureau, but am a little unclear on where I stand with returning a faulty item.

So, the story begins when I bought a set of coilover suspension from a reputable car parts company in November last year, for a cost of £390. A garage fitted the items the following month. A month after fitting they started making a bad knocking noise and after advice from the garage, I contact the retailer to ask where I stood with warranty/refunds.

The items have a years warranty, the retailer initially referred me to the manufacture. After reading the 'SAD FART' guide, I contacted the manufacturer again, after a rather long email thread they agreed to deal with the problem.

They have offered me a replacement set but are refusing a refund. Due to the cost of removing and refitting, I would like a refund. My question is, am I entitled to one?

I have had to pay for new suspension to enable the faulty coilovers to be removed plus garage costs. I'd like a refund as fitting any replacement parts will cost me another £150, on top of the £300 i've already spent on resolving the issue.

Timeline of events:
Purchased from retailer - 26/11/12
Fitted to car - 19/12/12
Fault diagnosed - 18/3/13
Reported to retailer - 21/3/13
Removed from car - 28/5/13

Costs incurred:
Fitting coilovers - £150
Removing faulty coilovers - £150

Any help would be very much appreciated as I seem to have reached stale mate with the retailer.

Cheers
Olly

wealdroam

You mention the manufacturer has offered a refund. I assume you mean the seller has offered a refund.

Anyway, that aside, the Sale of Goods Act does allow for you to request a refund rather than a repair or replacement.

If a repair or replacement are not suitable, then a refund should be provided. Your choice.

Here is the text from Section 48C of SoGA:

48C Reduction of purchase price or rescission of contract
 
(1)If section 48A above applies, the buyer may—
(a)require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or
(b)rescind the contract with regard to those goods,if the condition in subsection (2) below is satisfied.

(2)The condition is that—
(a)by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or
(b)the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.

(3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

Note point (3) which says the seller can reduce the amount of the refund to take account of the use you have had.


P.s. If you really mean the manufacturer has offered a replacement, them I'm afraid you will not get them to do more.
They do not have to offer anything more than stipulated in any warranty.

Olly_P

Hi Wealdroam,

Thanks for your help and quick reply. The retailer has offered me a replacement, but are refusing a refund.

The items were purchased through the retailer, not through the manufacturer.

If i'm unable to get a refund, what other options do I have? Can I claim compensation for consequential loss?

Cheers
Olly

unholyangel

Olly_P wrote: »

Hi Wealdroam,

Thanks for your help and quick reply. The retailer has offered me a replacement, but are refusing a refund.

The items were purchased through the retailer, not through the manufacturer.

If i'm unable to get a refund, what other options do I have? Can I claim compensation for consequential loss?

Cheers
Olly

Depends on a number of things. Such as, could you have mitigated your losses? Did you give the retailer a chance to inspect and remedy the situation BEFORE having the work done?

bris

I agree with above, you may have jumped the gun by getting a third party to replace them.

You should have spoken to the retailer and gave them the chance to resolve the issue, with consequential losses you could have made them replace the coils at their cost (although the initial fitter takes over the responsibility for problems after fitting, but thats a different matter for now) and if they refused then a court would side with you because they refused to remedy the problem as per SOGA.

Because you have not followed the proper procedure they are possibly right in offereing you a replacement, but only a court could decide that.

Olly_P

Thanks for all the replies.

Just to clear things up, I contacted the retailer before carrying out the work. They were willing to send replacement parts but not cover any other costs.

I'd prefer to avoid going through the small claims court if possiable. Am I able to reasonably ask for a refund? Does the SOGA cover events such as this?

wealdroam

Olly_P wrote: »

I'd prefer to avoid going through the small claims court if possiable.

Well that's the way to enforce your rights if the seller won't play ball.

Olly_P wrote: »

Am I able to reasonably ask for a refund?

Yes. I thought that was clear in my earlier post?

Olly_P wrote: »

Does the SOGA cover events such as this?

Yes. Read my earlier post again.

Olly_P

Ok, thanks for clearing that up.

I've had a similar response from the citizens advice bureau, see below. Hopefully I can work things out with the retailer.

____________________

Dear Mr Pickett.

Thank you for your enquiry to Citizens Advice consumer service dated 22nd June. Your reference number for this case is AK ********** and should be quoted in all further correspondence regarding this case.

I am sorry to hear you have experienced problems with this trader. The key legal points of your case are listed below:

When a consumer purchases goods from a trader, they will have rights under the Sale of Goods Act 1979 as amended. This legislation states that goods supplied by businesses must be of satisfactory quality and fit for purpose. Where this is not the case, the seller of the goods can be held in breach of contract and may have to offer a remedy to the consumer.

I understand you would simply like to be provided with a refund along with the costs you have incurred. Generally speaking, you would only be able to claim a refund under two circumstances. The first would be where you have rejected the goods within a short period of time. You may find that by the time you reported the fault, you are outside of this period. The other is where you have already given the trader a reasonable opportunity tor repair.

However, the law is very much open to what is considered 'reasonable'. If you can prove that you have no other choice but to have the work carried out elsewhere, you may look for a refund along with costs such as fitting. Ultimately though, if you were unable to reach an agreement you would have to consider legal action where a judge would make a decision.

When you have a dispute of this nature, it would usually be wise to send a letter, quoting the Sale of Goods Act 1979 requesting a suitable remedy. You should state that you are making ‘time of the essence’ for this to happen and request that they contact you within a reasonable period of time arrange this. The letter should be sent by recorded delivery so you have evidence the complaint has been received. I would advise that you keep a copy of the letter that you write for your own records in case you need to use it as evidence at a later stage.

Thank you for your enquiry.
Alan Dix
Citizens Advice consumer service