What should my next move be?

rachie0

Hi all,

I purchased a high chair from Kiddicare online 18 months ago. The high chair is advertised as suitable for an age range spanning from 6 months old to 5 years. However, after 18 months the support collar which fixes the base of the high chair to the main strut has broken resulting in a wibbly wobbly high chair that I don't feel safe putting my two year old in as it is now unstable. The support collar has three clips to attach it to the base and two of them have snapped off. It's a brother max scoop high chair, if anyone needs a photo for any of this to make sense!

I have entered into negotiations with Kiddicare about the matter as I don't feel that the item has lasted a reasonable time (only one third of the marketed period of use). I don't think the support collar is made of a satisfactory quality and is ultimately a design flaw as the first item I made was delivered to me with the same part damaged in the same way.

Their first response was to say that that it was outside of the manufacturer's warranty period. I replied quoting the consumer rights act. They replied referring to the retailer's warranty. I replied again quoting the consumer right's act. I asked them to get in touch with the manufacturer to reach a resolution. They replied with the cost of the replacement part and bank details for the manufacturer so I could provide them with payment because of it being outside the warranty. Can you see a pattern developing? This is how it has continued over many emails until finally last night they sent quite a polite but firm PFO email stating that my contract of sale with Kiddicare ended when their warranty did and I need to take it up with the manufacturer myself.

I feel completely baffled and cross. I didn't think there was a time limit on consumer rights protection? I thought I had a reasonably grasp of their obligations but I'm very much doubting myself.

What should I do next? Try to take it up with the manufacturer and hope they will cover the cost of the replacement parts but accept that I may ultimately have to stump up the cost myself? Keep pursuing Kiddicare? Use the Resolver tool to send another letter even though they have already told me to PFO? I paid for the item using a credit card so could I make a claim to my card issuer for this?

Thank you for taking the time to read, I understand that everyone's time is precious and I am very grateful for any help received.

bris

You should try first and argue your case with the manufacturer if you are getting no where with the retailer, it's worth a try.


If that fails then your contract is with the retailer so it would be a SOGA issue. Because it's been 18 months you will need to get an independent report to state that the fault is indeed inherent at the time of purchase due to a manufacturing fault, the cost of this report if found in your favour can be reclaimed.


Unfortunately whilst the law gives up to 6 years you still need to do the work to exercise those rights, and that means proving your claim.

tykesi

Cross post with Bris...

When exactly did you buy it? If it was 18 months ago or at least before 26th march 2015 then the Consumer Right's Act doesn't apply. Before that date your purchase would have been covered by the Sale of Goods Act (SoGA). You have probably not helped yourself quoting the wrong act.

Either way because it is over six months since purchase, the onus is on you to provide proof that it is an inherent fault. You will need to arrange an independent inspection of the chair which confirms the fault was there at the time of manufacture, this will then give you the evidence you need to take it further.

naedanger

rachie0 wrote: »

I paid for the item using a credit card so could I make a claim to my card issuer for this?

Was the price of the chair less than £100? If so then unfortunately I don't think you can claim against the card issuer.

unholyangel

tykesi wrote: »

Cross post with Bris...

When exactly did you buy it? If it was 18 months ago or at least before 26th march 2015 then the Consumer Right's Act doesn't apply. Before that date your purchase would have been covered by the Sale of Goods Act (SoGA). You have probably not helped yourself quoting the wrong act.

Either way because it is over six months since purchase, the onus is on you to provide proof that it is an inherent fault. You will need to arrange an independent inspection of the chair which confirms the fault was there at the time of manufacture, this will then give you the evidence you need to take it further.

The consumer rights act applies to contracts entered into on or after the 1st October 2015. Anything before that date is SoGA.

bris

naedanger wrote: »

Was the price of the chair less than £100? If so then unfortunately I don't think you can claim against the card issuer.

It makes no difference how much it was the information is the same. Even if S75 is a valid option it doesn't change the burden of proof and they know it so would want the same proof before accepting liability.

naedanger

bris wrote: »

It makes no difference how much it was the information is the same. Even if S75 is a valid option it doesn't change the burden of proof and they know it so would want the same proof before accepting liability.

It makes a difference to whether the op can hold the credit card company liable rather than the retailer, which was the question I was answering.

If the op were able to hold the credit card company liable then they would have another means of complaining, namely via the credit card company's own complaint handling process and ultimately to the Financial Ombudsman Service if necessary. And if they lost they could still then take legal action. However of course the op would still need to win their case.

Autumnella

naedanger wrote: »

Was the price of the chair less than £100? If so then unfortunately I don't think you can claim against the card issuer.

These high chairs are normally more than £300, pretty much one of the most expensive highchairs you can buy

rachie0

Oh man, I'm such a doofus. Of course I bought the high chair in 2014 and not 2015! I keep interchanging those two years for some silly reason, I can only blame the toddler time warp.

I have sent an email to Brother Max (the manufacturer) and they have replied quickly asking for additional information (my address, the retailer and a copy of the receipt) but seem to be really helpful so far so I am hopeful I will reach resolution.

Just out of curiosity though, should I not reach a resolution with the manufacturer, is it something that I could claim through my card issuer for? Section 75 isn't something I know much about and it is something that I need to give more attention to.

Thank you everyone for your help. I genuinely appreciate your efforts. I do get myself into a tizz sometimes and need someone to give me a shove in the right direction!

naedanger

rachie0 wrote: »

Oh man, I'm such a doofus. Of course I bought the high chair in 2014 and not 2015! I keep interchanging those two years for some silly reason, I can only blame the toddler time warp.

I have sent an email to Brother Max (the manufacturer) and they have replied quickly asking for additional information (my address, the retailer and a copy of the receipt) but seem to be really helpful so far so I am hopeful I will reach resolution.

Just out of curiosity though, should I not reach a resolution with the manufacturer, is it something that I could claim through my card issuer for? Section 75 isn't something I know much about and it is something that I need to give more attention to.

Thank you everyone for your help. I genuinely appreciate your efforts. I do get myself into a tizz sometimes and need someone to give me a shove in the right direction!

See:

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

rachie0

Oh, great naedanger, I shall take a look. Thanks!