Do I still have the right to a repair or a replacement?

Skiny

Can you tell me what rights I have, in the following situation:

• A product is bought for around £300 on 10th February 2022.
• A complaint is sent to the retailer on the 20th of April 2022, informing them that the item had been delivered broken (a plastic handle broken off).
• After some corrospondence with the retailer and showing them photographs, they agree to replace it with a brand new product, if the defective one can be returned to them.
• The product is returned, however it's 9 months later, in February 2023.
• The retailer now says that an unreasonable amount of time has passed since they originally agreed to exchange it.
  

Should they still repair or replace the item for me in this case?

elsien

 So two months to report it was broken on arrival, and a further 10 months to return it to for the promised refund.
Why the delays?

Manxman_in_exile

Skiny said:

...  After some corrospondence with the retailer and showing them photographs, they agree to replace it with a brand new product, if the defective one can be returned to them...

Did you agree to return the item?  Why didn't you tell the retailer that they were responsible for organising the faulty item's return?

"23  Right to repair or replacement

(1) This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).

(2) If the consumer requires the trader to repair or replace the goods, the trader must—

(a) do so within a reasonable time and without significant inconvenience to the consumer, and

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)"  [my bold for emphasis]

Consumer Rights Act 2015 (legislation.gov.uk)

I'm not sure the length of time is relevant - except for the inconvenience they may have caused you

[I'm assuming the fault is sufficient to give you the right to repair or replace]

marcia_

 Why did you wait 9 months to return it? 

tightauldgit

I'm slightly surprised they even offered the replacement given 2 months passed between delivery and you saying it arrived broken. 

Skiny

elsien said:

 So two months to report it was broken on arrival, and a further 10 months to return it to for the promised refund.
Why the delays?

Had family illness going on at the time, so hadn't gotten around to it.

Manxman_in_exile said:

Skiny said:

...  After some corrospondence with the retailer and showing them photographs, they agree to replace it with a brand new product, if the defective one can be returned to them...

Did you agree to return the item?  Why didn't you tell the retailer that they were responsible for organising the faulty item's return?

"23  Right to repair or replacement

(1) This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).

(2) If the consumer requires the trader to repair or replace the goods, the trader must—

(a) do so within a reasonable time and without significant inconvenience to the consumer, and

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)"  [my bold for emphasis]

Consumer Rights Act 2015 (legislation.gov.uk)

I'm not sure the length of time is relevant - except for the inconvenience they may have caused you

[I'm assuming the fault is sufficient to give you the right to repair or replace]

I didn't specifically no, though I didn't actually reply to their email which was asking if I could return it to them.

marcia_ said:

 Why did you wait 9 months to return it? 

As I mentioned above, it was due to family illness.

So given the above, I'm just wondering where I stand legally.

powerful_Rogue

Skiny said:

elsien said:

 So two months to report it was broken on arrival, and a further 10 months to return it to for the promised refund.
Why the delays?

Had family illness going on at the time, so hadn't gotten around to it.

Manxman_in_exile said:

Skiny said:

...  After some corrospondence with the retailer and showing them photographs, they agree to replace it with a brand new product, if the defective one can be returned to them...

Did you agree to return the item?  Why didn't you tell the retailer that they were responsible for organising the faulty item's return?

"23  Right to repair or replacement

(1) This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).

(2) If the consumer requires the trader to repair or replace the goods, the trader must—

(a) do so within a reasonable time and without significant inconvenience to the consumer, and

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)"  [my bold for emphasis]

Consumer Rights Act 2015 (legislation.gov.uk)

I'm not sure the length of time is relevant - except for the inconvenience they may have caused you

[I'm assuming the fault is sufficient to give you the right to repair or replace]

I didn't specifically no, though I didn't actually reply to their email which was asking if I could return it to them.

marcia_ said:

 Why did you wait 9 months to return it? 

As I mentioned above, it was due to family illness.

So given the above, I'm just wondering where I stand legally.

What is the product and what is the fault?

p00hsticks

powerful_Rogue said:

Skiny said:

elsien said:

 So two months to report it was broken on arrival, and a further 10 months to return it to for the promised refund.
Why the delays?

Had family illness going on at the time, so hadn't gotten around to it.

Manxman_in_exile said:

Skiny said:

...  After some corrospondence with the retailer and showing them photographs, they agree to replace it with a brand new product, if the defective one can be returned to them...

Did you agree to return the item?  Why didn't you tell the retailer that they were responsible for organising the faulty item's return?

"23  Right to repair or replacement

(1) This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).

(2) If the consumer requires the trader to repair or replace the goods, the trader must—

(a) do so within a reasonable time and without significant inconvenience to the consumer, and

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)"  [my bold for emphasis]

Consumer Rights Act 2015 (legislation.gov.uk)

I'm not sure the length of time is relevant - except for the inconvenience they may have caused you

[I'm assuming the fault is sufficient to give you the right to repair or replace]

I didn't specifically no, though I didn't actually reply to their email which was asking if I could return it to them.

marcia_ said:

 Why did you wait 9 months to return it? 

As I mentioned above, it was due to family illness.

So given the above, I'm just wondering where I stand legally.

What is the product and what is the fault?

OP says that the fault is a plastic handle broken off, but doesn't say the product. 

the_lunatic_is_in_my_head

Is short yes.

There is no time limit for seeking a remedy if the goods do not conform.

The trader has accepted they don’t by offering a remedy in the first instance.

The only issue is as it’s now past 6 months, if the trader refused to repair/replace and you was left seeking a refund they might be able to reduce it. The regs say such a reduction is for use, if it were clear the item couldn’t be used with a broken handle then they might not have justification for a reduction. 

Regarding returns the consumer has a duty to return the goods if they have agreed to (presumably by way of T&Cs), if not the trader should collect, either way the trader should bear the cost.

How did you pay OP? 

bris

the_lunatic_is_in_my_head said:

Is short yes.

There is no time limit for seeking a remedy if the goods do not conform.

The trader has accepted they don’t by offering a remedy in the first instance.

The only issue is as it’s now past 6 months, if the trader refused to repair/replace and you was left seeking a refund they might be able to reduce it. The regs say such a reduction is for use, if it were clear the item couldn’t be used with a broken handle then they might not have justification for a reduction. 

Regarding returns the consumer has a duty to return the goods if they have agreed to (presumably by way of T&Cs), if not the trader should collect, either way the trader should bear the cost.

How did you pay OP? 

In short no, or maybe not.

The time agreed was well exceeded, so much so that its likely that acceptance has occurred now.

Would a court agree, probably, its certainly unreasonable to wait 9 months to return it. It's value would be seriously diminished and that's not the retailers fault.

Manxman_in_exile

bris said:

the_lunatic_is_in_my_head said:

Is short yes.

There is no time limit for seeking a remedy if the goods do not conform.

The trader has accepted they don’t by offering a remedy in the first instance.

The only issue is as it’s now past 6 months, if the trader refused to repair/replace and you was left seeking a refund they might be able to reduce it. The regs say such a reduction is for use, if it were clear the item couldn’t be used with a broken handle then they might not have justification for a reduction. 

Regarding returns the consumer has a duty to return the goods if they have agreed to (presumably by way of T&Cs), if not the trader should collect, either way the trader should bear the cost.

How did you pay OP? 

... The time agreed was well exceeded, so much so that its likely that acceptance has occurred now...

Does the legislation mention anything about "acceptance"?

bris said:

the_lunatic_is_in_my_head said:

Is short yes.

There is no time limit for seeking a remedy if the goods do not conform.

The trader has accepted they don’t by offering a remedy in the first instance.

The only issue is as it’s now past 6 months, if the trader refused to repair/replace and you was left seeking a refund they might be able to reduce it. The regs say such a reduction is for use, if it were clear the item couldn’t be used with a broken handle then they might not have justification for a reduction. 

Regarding returns the consumer has a duty to return the goods if they have agreed to (presumably by way of T&Cs), if not the trader should collect, either way the trader should bear the cost.

How did you pay OP? 

... The time agreed was well exceeded...

...Would a court agree, probably, its certainly unreasonable to wait 9 months to return it. It's value would be seriously diminished and that's not the retailers fault.

AIUI the OP says he didn't agree to return it, so my understanding of the CRA (like the lunatic's) is that all the OP is required by law to do is to make it available for collection by the seller.  Would that not make it the seller's fault?

Isn't the point of the legislation to put the responsibility for sorting out faulty goods on the shoulders of the trader, who in this case has agreed that the item is faulty to the extent that they've said they'll repair it?

(Certainly in the case of goods that are being rejected, all the consumer needs to do is to make the goods available for collection by the seller, unless they've agreed otherwise.  If they haven't, they're under no obligation to return them, s20(7) CRA.  I'm not sure that goods for repair should be treated differently.)