Is it now time for the small claims court

kah22

I bought my girlfriend a dock/radio for Christmas from a major high street retailer through their online site, it was advertised as a web only sale.

Anyway shortly after Christmas when we went to set it up I discovered that it would only pick up four, possibly five stations, I tried it in another room and with the aerials in different positions but that didn’t seem to make any difference.

So I phoned customer service and was been fobbed off with the line that it was an online exclusive, that it came direct from the manufacturer and that I’d have to take it up with them. I of course reminded them that my contract was with them and not with the manufacturer and they keep insisting that I contact the manufacturer. At this stage I asked for my money back saying that the goods were not fit for purpose ie they wouldn’t pick up radio stations.

I eventually sent them an email using a Which? Template as a guideline telling them that in this instance I was prepared to accept an exchange, credit note, or a full refund, I then got a phone call back from the service agent I had dealt with originally, I have it saved on voice mail stating that in this instant the company were prepared to exchange or replace the item in question. I replied that I was prepared to accept their offer of an exchange or indeed a credit note. I told them what item I was prepared to accept and that I was quite happy to pay the additional cost.

Later, however, I received an email from customer service, this time from a different service agent stating that ‘This item has been placed on a replacement request’ I then re-emailed asking them to confirm what they meant by ‘replacement request,’ and suggested that perhaps the best way to resolve this issue would be if they phoned me and perhaps we could come to an agreement that way. I suggested a date and time. I very quickly got a voicemail back from the original service agent who had offered the exchange/replacement deal saying they would replace the item.

They haven’t called back as I suggested.

What to do next? It would seem that the next logical step would be to take the company to the small claims court but before taking that step I want to confirm in my own mind whether or not the company has the right to decide whether or not to replace or repair the product or if I have the right, if it goes to the small claims court, to seek my money back.

Is there anything else I should be doing at this stage.

WTFH

Is it an analogue or DAB radio?
What's the make/model?

I'm not sure if a radio can be classed as "faulty" if it picks up radio stations.

Prothet_of_Doom

WTFH wrote: »

Is it an analogue or DAB radio?
What's the make/model?

I'm not sure if a radio can be classed as "faulty" if it picks up radio stations.

If a competing product at a similar price did, then I'd say there was a design fault.

If an identical unit picked up more stations, I'd say that there was a manufacturing fault.

I'd try my unit in a few locations, including on top of a hill, and if it was no better I'd know it was a fault (by design or manufacture)

kah22

Thanks for the replies to date.

The machine is a KitSound Boom iPod Dock Radio Alarm Clock Speaker here's what the manufacturer says about it and I have to say that the Amazon reviews do appear great - I actually bought on the stregth of these reviews.

prophet of doom writes

I'd try my unit in a few locations, including on top of a hill,

I have tried it in two places and tried the antena in different ways (as requested by the seller) but still no joy.

WTHF writes:

I'm not sure if a radio can be classed as "faulty" if it picks up radio stations.

not to sure whether I'd agree with that statement or not. I think you'd have to apply a 'reasonableness' test. Should it be able to pick up more than five radio stations clearly in a small town?

The question I'm asking myself at the moment is, if I do go down the road of the small claims court I'd look a full refund on the ground of not fit for purpose (ie can't pick up a reasonable amount of radio stations) BUT would the seller have a bigger right by saying 'I'll give you a replacement,' as is their current position?

I think I could say that I've acted reasonably in that I was prepared to accept an exchange when they offered it and that the seller acted un-reasonably in making an offer and then withdrawing it.

Just one more thing I'm constantly using the word seller. Is it OK to use the sellers name or would that be wrong in this case?

barbiedoll

I bet a few of us have already guessed who the retailer may be

But yes, you can name them.

kah22

Argos - were you right?

Hintza

Will it take an external aerial? Try that.

paddyrg

Small town - without a transmitter maybe? Thin wire aerial will only be adequate for strong reception areas. Vendor cannot know what the reception of one or more stations will be like in different domestic settings. And it picks up 5 stations, so 'works', just not the station you want.

unholyangel

If it is faulty (and not due to your location as above), then providing you notified them within a reasonable time, you are entitled to reject outright for a full refund and do not need to accept a repair or replacement.

Whats a reasonable time is a question of fact as it depends on the circumstances (buying ski boots in summer, then reasonable time may be extended up until winter). Given it was an xmas present, personally I'd say you're still within a reasonable time.

kah22

A small town but not really that small, and, as the crow flies about two miles from a relay station but I'm not sure if it only transmits TV.

The difficulty I suppose is making up my mind if it is broke or just not picking up stations. I think I'll test it in my house this weekend and my radio in her house.

But the bit I can't get my head around is why if a product designed to pick up radio stations doesn't really pick that many up. Does that not leave it unfit for purpose?

Bantex_2

kah22 wrote: »

A small town but not really that small, and, as the crow flies about two miles from a relay station but I'm not sure if it only transmits TV.

The difficulty I suppose is making up my mind if it is broke or just not picking up stations. I think I'll test it in my house this weekend and my radio in her house.

But the bit I can't get my head around is why if a product designed to pick up radio stations doesn't really pick that many up. Does that not leave it unfit for purpose?

The makers have no control over the signal strength in any particular location.