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Running Spikes - Inherent Fault (Six Years To Make A Claim?)

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Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    I think what you're remembering was their ploy that came after what I remember. :)
  • Thanks for all your replies!
    I decided to email Sports Direct with the full story with supporting Photos.
    This is their reply:

    Thank you for your email.
    Unfortunately we are unable to help you with this issues as we do not have any in stock but also due to the date of purchase.
    Please accept my apologises for the inconvenience caused.

    They didn't even offer to take a look themseves to see if they could manage screwing the Spikes in themselves.
    Very poor show!


  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are they metal or plastic screw holes, are you sure they just haven't got a slight burr on them? Also, even if you wanted to go down the legal route it would be hard to prove you hadn't caused the problem by cross-threading the spikes when fitting.

    You could try getting a cheap tapping kit to clean out the screw holes.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    They cannot wash their hands of this ... you have consumer rights (in law). Your options have already been explained so I won't reiterate them.
  • Hi guys,

    Well, I wrote another formal complaint letter to Sports Direct Customer Services detailing everything (I enclosed receipt & high resolution photos) to which they replied:

    "Sadly, due to the time elapsed since this purchase was received, we simply do not have the facilities to advise on this case and will not be able to investigate or advise on this matter"

    I response I said:

    I didn't realise you had the power to ignore or not to abide to the Sale of Goods Act.

    With respect, I do not accept your reply... you cannot simply wash your hands of this. I have consumer rights (in law).

    The law clearly states that a consumer can approach a retailer with a claim about a good(s) they have purchased for up to six years from the date of sale.

    You are obliged to assist/investigate and I will take this further out of principle... you cannot ignore the law when it suits.

    Hope I worded my reply correctly. I know they won't budge and I'm unlikely to get a favourable resolution but I would like to know where I report them as they can't be treating customers like this.

    Kindest regards

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Hi guys,

    Well, I wrote another formal complaint letter to Sports Direct Customer Services detailing everything (I enclosed receipt & high resolution photos) to which they replied:

    "Sadly, due to the time elapsed since this purchase was received, we simply do not have the facilities to advise on this case and will not be able to investigate or advise on this matter"

    I response I said:

    I didn't realise you had the power to ignore or not to abide to the Sale of Goods Act.

    With respect, I do not accept your reply... you cannot simply wash your hands of this. I have consumer rights (in law).

    The law clearly states that a consumer can approach a retailer with a claim about a good(s) they have purchased for up to six years from the date of sale.

    You are obliged to assist/investigate and I will take this further out of principle... you cannot ignore the law when it suits.

    Hope I worded my reply correctly. I know they won't budge and I'm unlikely to get a favourable resolution but I would like to know where I report them as they can't be treating customers like this.

    Kindest regards

    The Sale of Goods Act was superseded by the Consumer Rights Act 2015.
  • lincroft1710
    lincroft1710 Posts: 19,504 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 1 August 2020 at 4:21PM
    Quoting the wrong piece of legislation won't help your claim, SOGA was replaced by the Consumer Rights Act 2015. Also any company or business can (and many do) ignore consumer rights if they wish, they shouldn't but they do. The 6 year time limit needs to be looked at in context, many items by design and usage will not last 6 years, so quoting that is not always appropriate. I read that they are rejecting your claim on the grounds of the time elapsed since purchase.

    There is nowhere you can report them which would achieve anything. If you want to pursue this, the time has come to send a formal Letter Before Action. It may lead to a more favourable response from SD.

     If the fault can clearly be shown to be inherent then you should not need an independent report, but it must be able to be demonstrated that it is a manufacturing fault and not your lack of dexterity, so you will have to think if you need a report. If the lack of dexterity could be seen as a possibility, then SD will certainly play on this.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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