Faulty camera - should Sale of Goods cover it?

Puns61

Hi

Hoping that someone with more understanding of things might be able to offer some advice.

Received a Pentax camera as a present in late 2011. It was purchased via the Jessops web site.

A little while ago it suddenly started to act up and was failing to record images. Had a quick Google search and it seemed to be a problem with a sensor that other people had come up against and the advice was to send it for repair.

Contacted the designated repair facility and was told to send it to them for investigation.

Have just received the estimate for repair and we're looking at just over £200.

Obviously it's out of it's one year warranty but would the six year clause in Sale of Goods Act cover it?

Thanks in advance for any help you might be able to give.

bris

Sorry your consumer rights are with Jessops who are now closed. Your rights went with them.

frugal_mike

Well firstly only the person that bought the camera can make a claim under the Sale of Goods Act. If it was bought with cash/debit card then what bris said is correct, however if it was paid for by Credit Card and cost more than £100 then there is still hope.

Section 75 of the consumer credit act makes a credit provider jointly liable for any claim under the Sale of Goods Act. If it was paid for by credit card then the purchaser could claim against the card provider.

However note that the Sale of Goods Act only covers inherent faults. Since it is more than 6 months since purchase it would be up to you to prove the fault is inherent.

mattyprice4004

Jessops Group closed, and the new Jessops is Jessops Europe. The people you bought the camera from aren't around anymore - time to get your wallet out.

Puns61

Thought that might be the case but wanted to just check before coughing up the cash.

Thanks for all the replies

bris

frugal_mike wrote: »

Section 75 of the consumer credit act makes a credit provider jointly liable for any claim under the Sale of Goods Act. If it was paid for by credit card then the purchaser could claim against the card provider.

S75 does not apply regardless as this was a gift.

S75 only covers items bought for the card holders use, gifts are not covered because the card holder is not using the product.

The OP would need to prove the cardholder had the same benefit from the canera as the recipient of the gift, normally a spouse who would share it, anyone else and a S75 claim would fail.

frugal_mike

Oh yes, I'd forgotten that.

Although if the gift giver took the gift back I'm not sure how they would prove it was a gift. Obviously that would be fraud so I'm not suggesting anyone do it.

I guess in the case of s camera the pictures may give tge game away or their may be some gps evidence hinting that it wasn't used by the card holder.