Faulty item AFTER six months

anon_ymous

I bought an item on 19 January 2013 from this company:

http://www.ebay.co.uk/itm/221047250464?ru=http%3A%2F%2Fwww.ebay.co.uk%2Fsch%2Fi.html%3F_from%3DR40%26_sacat%3D0%26_nkw%3D221047250464%26_rdc%3D1

ie: just over 6 months ago

And well recently the item has became faulty, and the seller is refusing to take the item back for a refund.

I paid via PayPal at the time, and afaik the EU has a 2 year warranty directive on all consumer electronics?

The returns address is also a PO Box address. He is refusing a refund on this item

Help would be appreciated. Thanks. Just wondering if needs be, could I end up pushing this to small courts?

And I did kinda need to purchase the exact same item from the exact same store for someone as well, so there's that?

wealdroam

waqasahmed wrote: »

...afaik the EU has a 2 year warranty directive on all consumer electronics?

It's actually better than that... you have upto six years to make a claim against a seller, but that EU directive you speak of only insists two.

However, after six months it is for you, the buyer to prove that the thing you have bought is inherently faulty, and until you do that the seller does not have to do anything.

Have you read MSE's Consumer Rights article yet?

anon_ymous

wealdroam wrote: »

It's actually better than that... you have upto six years to make a claim against a seller, but that EU directive you speak of only insists two.

However, after six months it is for you, the buyer to prove that the thing you have bought is inherently faulty, and until you do that the seller does not have to do anything.

Have you read MSE's Consumer Rights article yet?

I did read that, and well that's why I made the thread title saying that. Im not sure how I'd prove it's "inherently faulty" however? I mean put simply the item won't turn on

The seller was really unprofessional, saying things like "Nah man" etc... I mean I was pretty irate, but when sellers lack professionalism :@

wealdroam

waqasahmed wrote: »

Im not sure how I'd prove it's "inherently faulty" however? I mean put simply the item won't turn on.

Yes, and i imagine it wouldn't turn on if you had run over it in your car, but that doesn't mean the seller should replace it.

You will need to get an independent expert to confirm that the fault isn't due to anything that you have done... misuse, etc.

waqasahmed wrote: »

Just wondering if needs be, could I end up pushing this to small courts?

Yes you could, but you will need a real address, not a PO Box, for that.

But before you consider court action, you really need proof that the thing has an inherent fault, i.e. a fault that was present at the time of sale but not necessarily apparent at that time.

anon_ymous

wealdroam wrote: »

Yes, and i imagine it wouldn't turn on if you had run over it in your car, but that doesn't mean the seller should replace it.

You will need to get an independent expert to confirm that the fault isn't due to anything that you have done... misuse, etc.




Yes you could, but you will need a real address, not a PO Box, for that.

But before you consider court action, you really need proof that the thing has an inherent fault, i.e. a fault that was present at the time of sale but not necessarily apparent at that time.

Ah of course. By independent expert, it means say an IT technician perhaps? And I haven't got their real address eBay just gave me their PO Box address

I mean I know at work I'd be working with other IT guys (Then again, I'd only just be starting work, so I guess I'd need to know them a bit longer before I asked for this sorta stuff) or perhaps a shop keeper that deals in electronic repairs?

wealdroam

That item you linked to in the original post, is that the thing you bought?

Under the Package Contents tab it says:

Warranty and Condition

This Tablet PC is in New Condition. This package includes the following warranty:

Warranty Length: This product comes with 1 Year parts and labor warranty.
Coverage: This warranty covers repair or replacement of defective product.
Coverage: For a Free Copy of the Warranty, Please Contact Us.

ILW

waqasahmed wrote: »

I did read that, and well that's why I made the thread title saying that. Im not sure how I'd prove it's "inherently faulty" however? I mean put simply the item won't turn on

The seller was really unprofessional, saying things like "Nah man" etc... I mean I was pretty irate, but when sellers lack professionalism :@

If you want professionalism, don't buy through Ebay.

wealdroam

waqasahmed wrote: »

...I haven't got their real address ...

Then don't waste money on an independent report until you do have a proper address.

shaun_from_Africa

It looks as if the company concerned trades under a number of different names.
The phone number given on the ebay seller info link is the same number as this company
http://www.virtualmarket.ifa-berlin.com/index.php5?id=316697&fid=78ddede1ee3947bbe5abf1feb823b87f&offset=0&highlight=&bc_id=48a33c457f8b0ff5e37bdffb202b9f27&compact=0&Action=showCompany

You could also try writing to Ergoli Togo. (one of the partners of ebay.digiland)
http://companycheck.co.uk/director/916394703

malchish

It is a small claim court issue, potentially. No "independent expert" inspection is needed until and unless ordered by the judge, actually the judge might disregard a premature inspection as non-impartial.
So, OP , if you are sure that you did not misuse the item, you can start moneyclaimonline (look at their website) and before you do that, write the letter before action to the seller, including the screen-shot of the filled in form.
The seller will either surrender and refund, or will go to court against you (unlikely, but possible). The judge will decide on the balance of probabilities, whether the item was faulty or not. You do not have to worry about any independent inspection now (unless you can get a free of very cheap - this would help).

wealdroam

malchish wrote: »

It is a small claim court issue, potentially. No "independent expert" inspection is needed until and unless ordered by the judge, actually the judge might disregard a premature inspection as non-impartial.
So, OP , if you are sure that you did not misuse the item, you can start moneyclaimonline (look at their website) and before you do that, write the letter before action to the seller, including the screen-shot of the filled in form.
The seller will either surrender and refund, or will go to court against you (unlikely, but possible). The judge will decide on the balance of probabilities, whether the item was faulty or not. You do not have to worry about any independent inspection now (unless you can get a free of very cheap - this would help).

Is it ok to start a Small Claims Court action with just a PO Box address?