Littlewoods & the faulty Micro System.

sweetcheekz

Hi,
I ordered a Phillips Micro System from Littlewoods, I have an account, and I received it on Tuesday. It initially worked fine, and I was happy with it, then last night it stopped working (it has an ipod dock & alarm feature so it had been left on).


I have contacted Littlewoods with a view to returning it for a replacement, only to be told that, as I have plugged it in, I have to contact the manufacturer, it will have to be inspected to see if it is faulty and will take upto 21 days.


I have had this less than 5 days, surely I am entitled to a replacement or refund? As a repair will take, what seems to me, a disproportionate amount of time compared to my actual ownership to date.


Any help would be appreciated.

unholyangel

Tell them you're rejecting it under Sale of Goods Act non-acceptance.


Basically the law states you have a reasonable length of time to assess the goods to ensure they conform to contract. You cannot contract out of this right by agreement, waiver or otherwise.

If you have not accepted the goods, then you can insist on a refund (although not a replacement).

ETA: they may want to check it is faulty (and not misuse for example) before issuing a refund.

bris

Unfortunately the law does not specify what the acceptance period is, so they could say that as it worked fine for 5 days acceptance has occurred. It's very much the SOGAS fault without a specific period then it's anyone's guess.

unholyangel

bris wrote: »

Unfortunately the law does not specify what the acceptance period is, so they could say that as it worked fine for 5 days acceptance has occurred. It's very much the SOGAS fault without a specific period then it's anyone's guess.

Well luckily this is changing so that 30 days will be the minimum period people have for acceptance.

As for acceptance periods.....what is a reasonable length of time to assess a wooden ruler will not be the same as a reasonable length of time to assess a car. And I'd quite happily bet my life savings that no judge would find 5 days acceptable in these circumstances.


However your post did make me read the OP again and it sounds like OP has purchased via distance means - and if they have, they're still within the time frame to cancel - regardless what littlewoods try and use to worm their way out of SoGA.


OP, remember and report them to trading standards.

gik

bris wrote: »

Unfortunately the law does not specify what the acceptance period is, so they could say that as it worked fine for 5 days acceptance has occurred. It's very much the SOGAS fault without a specific period then it's anyone's guess.

Whatever bollox you come up with it's still the sellers problem...end of!

sweetcheekz

unholyangel wrote: »

However your post did make me read the OP again and it sounds like OP has purchased via distance means - and if they have, they're still within the time frame to cancel - regardless what littlewoods try and use to worm their way out of SoGA.


OP, remember and report them to trading standards.

It was an online order, unfortunately they are stating that because I plugged it in the DSR do not apply, I have only had it 4/5 days, and of those it has worked for 3. Firstly I had a call centre telling me that it had to be inspected, then an email from the facebook team;



Thanks for your email.

We’re really sorry to hear that your PHILIPS DCB2077/10 MICRO HIFI (43M4N1R) has become faulty.

As the device has been turned on and is still under the manufactures guarantee, we would need to direct you to the technical helpline. The can run diagnostics over the phone which may resolve the issue or they can confirm the manufactures fault and advise you further.

Their number is: 0844 338 0489

We do sincerely apologise for any inconvenience this has caused.

Many Thanks,
Barry
Littlewoods Facebook Support.


They just kind of stonewall me!

unholyangel

sweetcheekz wrote: »

It was an online order, unfortunately they are stating that because I plugged it in the DSR do not apply, I have only had it 4/5 days, and of those it has worked for 3. Firstly I had a call centre telling me that it had to be inspected, then an email from the facebook team;



Thanks for your email.

We’re really sorry to hear that your PHILIPS DCB2077/10 MICRO HIFI (43M4N1R) has become faulty.

As the device has been turned on and is still under the manufactures guarantee, we would need to direct you to the technical helpline. The can run diagnostics over the phone which may resolve the issue or they can confirm the manufactures fault and advise you further.

Their number is: 0844 338 0489

We do sincerely apologise for any inconvenience this has caused.

Many Thanks,
Barry
Littlewoods Facebook Support.


They just kind of stonewall me!

From the sounds of things, personally I'd stop trying to reason with them and just send a letter before action. On x date ordered x item for x price. Received on x date. Apparently faulty on x date. You are requesting a full refund under the sale of goods act for non-acceptance of faulty goods.

Give them 14 days to refund or you'll file against them in small claims. Title the letter letter before action and send it recorded delivery.

And as I said above, report them to trading standards. Misleading a consumer about their rights is considered a criminal offence, not a civil one. Its unusual for trading standards to get involved in individual cases but it can happen and I'm sure TS will already have quite a few complaints about them.

If you dont want to send a LBA just now. I can (or someone else can) quote the relevant bits of DSRs and SoGA and you could try that to see if they will budge.

sweetcheekz

Thank you all for your advice.


After I emailed Littlewoods again, and made reference to both the DSR and SOGA, and told them I was formally rejecting the good, I received a further email informing me that, actually, I was covered by the DSR.


It appears to me, that there is a company policy/phone script of initially refusing to accept a customers statutory rights, in the hopes that they will go away. It is a shame that it takes the threat of Trading Standards, or legal action before they treat people fairly.


I just wanted a replacement, I have now re-bought the exact same Micro System, but from John Lewis, who may not be perfect, but whose customer service I have always found to be excellent (helps that its £50 cheaper too).

unholyangel

sweetcheekz wrote: »

Thank you all for your advice.


After I emailed Littlewoods again, and made reference to both the DSR and SOGA, and told them I was formally rejecting the good, I received a further email informing me that, actually, I was covered by the DSR.


It appears to me, that there is a company policy/phone script of initially refusing to accept a customers statutory rights, in the hopes that they will go away. It is a shame that it takes the threat of Trading Standards, or legal action before they treat people fairly.


I just wanted a replacement, I have now re-bought the exact same Micro System, but from John Lewis, who may not be perfect, but whose customer service I have always found to be excellent (helps that its £50 cheaper too).

Glad you eventually got them to see sense.

More often than not, employees seem to mistake company "policy" as law. You could perhaps forgive them for not being all knowing.....but retailers are supposed to train their staff in the basics of consumer law.

It irritates me to no end knowing that those who don't know their rights are being fobbed off. However I can't force retailers to toe the line, so instead I just try to educate those around me so they'll recognise when they are being fobbed off.