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Company insisting I repair faulty good

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  • TELLIT01
    TELLIT01 Posts: 18,044 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    The repair may be as simple as unzipping the lining, undoing a couple of screws or bolts and reversing the process wit the new lock.
  • Okell
    Okell Posts: 2,706 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 6 January at 10:50PM
    Mark_d said:
    It sounds like replacing the lock is straightforward.  It would be disproportionate to collect the suitcase, repair it and send it back to you.  Perhaps you have a friend who could help you out making the repair?  If the company's guidance is followed and the result is unsatisfactory, I don't see why you couldn't then require a replacement suitcase from the company.
    You're using a term from the CRA - disproportionate - but out of context. The CRA states that a retailer cannot be forced into a remedy that is disproportionate compared to the others. 

    Repair
    Refund
    Replace

    There is no option 4 where they expect the consumer to do a repair.
    I don't think the "disproportionate" caveat applies to refunds

    s23 refers to situations where the consumer has requested only either a repair or a replacement.  If the consumer has asked for a repair, then the retailer can instead opt for a replacement if a repair would be disproportionate.  And if the consumer has asked for a replacement the retailer can instead offer a repair if a replacement would be disproportionate.

    A seller can't refuse a refund on any grounds (including disproportionality) if the consumer is entitled to one.

    Of course, if a consumer is only entitled to, and asks for, a repair or a replacement, there is nothing to stop the seller offering a refund if they considered a repair or replacement to be disproportionate.  But I don't think the consumer would be bound to accept it if they wanted a repair or a replacement...

    Having said that, I agree that nowhere does the CRA suggest a DIY repair as a statutory remedy.

    [Edit:  You are of course also right to point out to @Mark_d that the "disproportionality" or otherwise of collecting the suitcase doesn't come into this - under the legislation.  I should have made clearer that I agreed with you on that comment.  Apologies]
  • Okell
    Okell Posts: 2,706 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Alderbank said:
    They have offered to Replace the wheels.

    But s42 of CRA goes out of its way to say that the the consumer's remedy is not limited to those three options, so 'option 4' is quite legally whatever both parties agree would solve the issue.

    I have sometimes had a problem over an item I have bought and been quite satisfied when the supplier has sent me a replacement part to fit myself. I don't think I am unique. 
    Doesn't s42 only apply to digital content?

    Are you thinking about s19(9), (10) and (11) which seem to be the corresponding sections in relation to physical goods?

    I think the "other remedies" referred to in both s19 and s42 might be limited to other forma of legal enforcement remedies outside the CRA as that is all the two sections list.  They don't mention DIY repairs...

    Insofar as any agreement between the seller and the consumer does not attempt to limit either the seller's responsibilities to the consumer or the consumer's rights, there's nothing to stop them doing agreeing what they like, but I'd suggest that the seller is simply evading their responsibilities under the legislation.  If I were the consumer I'd be concerned about inadvertantly damaging the case further while trying to repair it.
  • Okell
    Okell Posts: 2,706 Forumite
    1,000 Posts Second Anniversary Name Dropper
    TELLIT01 said:
    The repair may be as simple as unzipping the lining, undoing a couple of screws or bolts and reversing the process wit the new lock.
    It may or may not be.
  • born_again
    born_again Posts: 20,587 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    ajcm8 said:
    I bought a suitcase in November, with a security lock. When I tried to set the lock up in December the lock stuck. I contacted the seller, who requested a photo of the lock. The company then said that they would send me a lock so that I could repair it myself  (which they said was easy). I am not comfortable with making the repair myself but they are insisting. Am I entitled to ask them to make the repair (under the sale of goods act)?
    Take it back to retailer for a exchange given the time frame. If you bought in store.
    Life in the slow lane
  • Money_Grabber13579
    Money_Grabber13579 Posts: 4,447 Forumite
    Part of the Furniture 1,000 Posts Newshound! Name Dropper
    Alderbank said:
    They have offered to Replace the wheels.

    But s42 of CRA goes out of its way to say that the the consumer's remedy is not limited to those three options, so 'option 4' is quite legally whatever both parties agree would solve the issue.

    I have sometimes had a problem over an item I have bought and been quite satisfied when the supplier has sent me a replacement part to fit myself. I don't think I am unique. 
    Agreed, I bought a set of saucepans and the handle broke on one. I didn’t even think of sending the saucepan back to them and was more than happy when they sent me a replacement handle in the post, which I had to fit myself.
    Northern Ireland club member No 382 :j
  • flaneurs_lobster
    flaneurs_lobster Posts: 6,628 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    All this speculation could be eased if the OP were to be kind enough to 

    a) return to the board 
    b) tell us if the case was purchased in-store or online
    c) confirm if it's a £15 Chinese no-name lugger or a £10k Louis Vuitton Travelling Trunk (or something in-between)
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