HP Printer - Faulty after 1 year & 4 months - What are my rights?

wealdroam

hamzab wrote: »

I'm going to send them a letter quoting the sales of good act and will see where it goes from there.

I will keep the thread updated.

Thanks for everyones help so far.

Have you read MSE's Consumer Rights article yet?
www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Please don't be confused by 'the EU legislation'.
As your linked article says, you have a minimum of two years to seek a remedy from the seller.
In the UK you have up to six years to seek that remedy.

hamzab

agrinnall wrote: »

Who is the retailer? Sounds like the sort of response that Currys/PCWorld give. Regardless of what the retailer says SOGA applies to them (assuming they are based in the UK) so the chances are that if the report does find that the fault was inherent they will back down after a LBA.

Printerbase.

What do you mean by the fault was inherent?

hamzab

wealdroam wrote: »

Have you read MSE's Consumer Rights article yet?

Please don't be confused by 'the EU legislation'.
As your linked article says, you have a minimum of two years to seek a remedy from the seller.
In the UK you have up to six years to seek that remedy.

I think I have read it (your link isn't working btw). Please post a working link so I can check I've read the same thing.

Ah ok, so SOGA works out better.

wealdroam

hamzab wrote: »

I think I have read it (your link isn't working btw). Please post a working link so I can check I've read the same thing.

Ah ok, so SOGA works out better.

Oops, sorry. Link now fixed.

unholyangel

Okay going to try and explain here.

The EU directive is not providing a warranty in the normal sense we understand the word - its referring to a specific legal meaning. It does not mean that you have 2 years of no quibble repairs/replacements - it doesnt even mean that all goods have to last 2 years, just that that is the minimum period you should have for taking action over any breach.

The same directive that stipulates 2 years minimum also stipulates that once 6 months has passed, its for the consumer to prove the fault was inherent. (this is also mentioned in the link OP posted)

The limitations act gives 6 years from purchase (5 years from discovery in scotland) for actions founded on simple contract - so quite a bit longer than required by the EU directive

neilmcl

hamzab wrote: »

Printerbase.

What do you mean by the fault was inherent?

A fault present at the time of purchase, eg faulty components, faulty design etc. For example user fault/misuse, wear & tear, accident wouldn't be classed as an inherent fault.

hamzab

neilmcl wrote: »

A fault present at the time of purchase, eg faulty components, faulty design etc. For example user fault/misuse, wear & tear, accident wouldn't be classed as an inherent fault.

Ah ok, so if it is found that a part is faulty, does this mean that the product is inherently faulty?

Also, am I going about this the right way? I've got a template from the web which I'm going to use to quote the Sales of Good Act and send it to Printerbase, asking them to at least repair it.

I'm using this template (http://www.which.co.uk/consumer-rights/action/letter-to-ask-for-a-faulty-item-to-be-repaired-or-replaced-) which gives them 7 days to reply. What happens if they don't reply within 7 days? Are they legally obliged to reply within 7 days?

Should I do the above or should I do something else?

Thanks

CoolHotCold

a EU Directive is not a law. It's a piece of legalisation requiring nations to implement the "spirit" of the directive into national Law.

For Example 96/45/EC is the Data Protection Directive, which was implemented into UK law as the Data Protection Act. There are 28 different data protection laws depending how the various parliaments implemented the directive into law.

96/45/EC doesn't exist as a law in the UK, while the DPA does.

To further clear things up, 96/45/EC is being replaced with General Data Protection Regulation, the difference here is that a Regulation is the same for ALL countries.

A Directive = Freedom for Nation Governments to implement the spirit/guidelines of the directive into law, leading to different implementations across the EU.

A Regulation = All EU nations have the same implementation.

unholyangel

hamzab wrote: »

Ah ok, so if it is found that a part is faulty, does this mean that the product is inherently faulty?

Also, am I going about this the right way? I've got a template from the web which I'm going to use to quote the Sales of Good Act and send it to Printerbase, asking them to at least repair it.

I'm using this template (http://www.which.co.uk/consumer-rights/action/letter-to-ask-for-a-faulty-item-to-be-repaired-or-replaced-) which gives them 7 days to reply. What happens if they don't reply within 7 days? Are they legally obliged to reply within 7 days?

Should I do the above or should I do something else?

Thanks

May be worth asking them to research Grant v Electro Centre Ltd.

Personally I'd give them 14 days so theres no question of reasonableness but thats just me. Title it letter before action and tell them if no satisfactory resolution is forthcoming, you will have no choice but to start legal proceedings - at which time you will also be claiming any reasonable costs you have incurred.

They're not legally obliged to respond. But if they don't then your next step would be to file against them at MCOL - if you want to take it that far.

ETA: Unless you paid by credit card - in which case the card company are jointly and severally liable and you should start a section 75 claim with them (and if they reject it, then take it to the financial ombudsman).

hamzab

neilmcl wrote: »

A fault present at the time of purchase, eg faulty components, faulty design etc. For example user fault/misuse, wear & tear, accident wouldn't be classed as an inherent fault.

unholyangel wrote: »

May be worth asking them to research Grant v Electro Centre Ltd.

Personally I'd give them 14 days so theres no question of reasonableness but thats just me. Title it letter before action and tell them if no satisfactory resolution is forthcoming, you will have no choice but to start legal proceedings - at which time you will also be claiming any reasonable costs you have incurred.

They're not legally obliged to respond. But if they don't then your next step would be to file against them at MCOL - if you want to take it that far.

ETA: Unless you paid by credit card - in which case the card company are jointly and severally liable and you should start a section 75 claim with them (and if they reject it, then take it to the financial ombudsman).

Thanks for that, I'll give them 14 days and will title the letter 'Letter before Action'.

If I do take it to the money court online (my understanding this is the new ebay like system where a judge looks at both sides of the case and decides in favour in one of them, but without any of the parties physically being in court), do I need to have some sort of independent evidence? In that case, should I wait 14 days, see what they say and if they don't reply, get an independent engineer out to look at the printer and then sue them through the MCOL?

Unfortunately I do not have a credit card, but after seeing this, I may apply for one.