FOS is a Joke

NoOne2

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waamo

You should issue a claim. Shove in a wedge for the emotional distress too.

NoOne2

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KeithP

NoOne2 wrote: »

No one has stated yet, there no Breach of Contract and the reason.

Then I'll do that if I may?

There is no breach of contract because you have yet to prove , on the balance of probabilities, that the problem is due to an inherent fault.

By the time you contacted the CC Co, the onus was on you to prove that the goods are inherently faulty. All you appear to have is a statement from the manufacturer saying the goods are faulty. You have yet to tell us what proof you have that the goods are inherently faulty.

NoOne2

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KeithP

NoOne2 wrote: »

...and again, under CCR , without right paperwork supplied, you can reject goods upto a year or until the paperwork is supplied,

No, without the right paperwork you can cancel an order during the periods you mention.

The CCRs are not concerned with acceptance. That legislation is in SoGA.

And Section 35 of SoGA tells us:

35 Acceptance.

(1) The buyer is deemed to have accepted the goods subject to subsection (2) below—
(a) when he intimates to the seller that he has accepted them, or
(b) when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.
(2) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a) of ascertaining whether they are in conformity with the contract,

So as you used this card for a period of time without issues, you are deemed to have accepted the goods.

That means that your opportunity to reject the goods has expired.
It expired as soon as you fitted the card in your computer and proved it working.

Any problems that occur after that time should be dealt with by reference to Part 5A of SoGA.

NoOne2

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bris

Op you are a little confused by your rights or just to plain stubborn to accept the law, not sure which tbh.


After 30 days, your right to reject the item for a full refund is replaced buy the sellers or manufacturers right to chose the remedy. They chose to repair it which you declined, it's no wonder your claim was rejected. You have no right to claim a refund, even a partial one, but as you don't accept that this thread will just go round in circles.

NoOne2

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NoOne2

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30 days is not SoG but the replacement Act