Do I have to accept that I am out of pocket?

LauraM001

Own_My_Own wrote: »

Have you thought about buying a different brand ?

Well I definitely will do from now on!

wealdroam

OP, have you read MSE's Consumer Rights guide?

Their How to Complain article is also good.

Basically, as Bris said, your only possible claim is against the retailer, and you may end up with a partial refund which takes account of the (nearly two years) use you have had.

earthstorm

LauraM001 wrote: »

Yes but Bris was implying that I had 2 years out of the headset, which in fairness if I had I wouldn't question it and would have just bought a new one.

but even having 1 years use as you have out of the replacement one after 6 months it is up to you to prove its an inherent fault ( a fault present at purchase but has only shown now), so you would have to pay for an independent report and then pass that onto manufacturer

LauraM001

wealdroam wrote: »

OP, have you read MSE's Consumer Rights guide?

Their How to Complain article is also good.

Basically, as Bris said, your only possible claim is against the retailer, and you may end up with a partial refund which takes account of the (nearly two years) use you have had.

Yes I have done, I've read loads about it but I had to resort to posting as I was confused as I had already had a replacement and it was the replacement that has broken.

Would you be able to explain what you mean about having had nearly two years use please? I get that if I had still been using the original headset that would be the case but I only had 10/11 months use out of the replacement? Is there somewhere you could point me to to maybe read more on that bit?

Thanks

wealdroam

LauraM001 wrote: »

Yes but Bris was implying that I had 2 years out of the headset, which in fairness if I had I wouldn't question it and would have just bought a new one.

You told us in your original post:

LauraM001 wrote: »

I bought a gaming headset about 2 years ago from an online retailer.

So for two years you have had the use of a headset.
The first set for nearly a year, and the replacement set since then.

LauraM001

earthstorm wrote: »

but even having 1 years use as you have out of the replacement one after 6 months it is up to you to prove its an inherent fault ( a fault present at purchase but has only shown now), so you would have to pay for an independent report and then pass that onto manufacturer

Ok, thank you that's helpful

LauraM001

wealdroam wrote: »

You told us in your original post:

So for two years you have had the use of a headset.
The first set for nearly a year, and the replacement set since then.

Yes A headset but not the same one for the duration, they both broke down after less than a year.

wealdroam

LauraM001 wrote: »

Yes A headset but not the same one for the duration, they both broke down after less than a year.

Yes, that is exactly right... but you have only purchased one set.

If they had repaired the first set under warranty and sent it back to you, would that make any difference to your thinking?

shaun_from_Africa

LauraM001 wrote: »

Yes A headset but not the same one for the duration, they both broke down after less than a year.

But as far as the law (the sale of goods act) is concerned, it doesn't matter if it's two different headsets.
Only one of these was purchased and paid for so your legal rights under the SOGA only apply to the original contract of sale.

LauraM001

wealdroam wrote: »

Yes, that is exactly right... but you have only purchased one set.

If they had repaired the first set under warranty and sent it back to you, would that make any difference to your thinking?

Yes because it would have been the same product that already had a years use out of it. Not something they are giving me that is brand new.

I don't want to rent a headset for two years which is what I feel like I have done and what you guys are telling me I have basically done.

I don't think it's unreasonable for me to want 2 years use out of 1 headset considering I have an "old faithful" set that's been around for 5 years now and still works a treat.(Made by the same company actually too!)