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Consumer rights

13

Comments

  • Esty76
    Esty76 Posts: 41 Forumite
    Fourth Anniversary 10 Posts
    It's not usb, it's powered by ac adaptor cable. Smoked from back and if turned off abd on sparked from the top like a mini fire was startin. When I blew underneath the turntable it sparked again not plugged in. Canny worrying
  • Undervalued
    Undervalued Posts: 9,719 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Esty76 said:
    It's this one https://hmv.com/store/technology/turntables/crosley-voyager-grey-bluetooth-turntable?gclsrc=aw.ds&gad_source=1&gad_campaignid=19858660310&gclid=EAIaIQobChMIsLKE8sWajwMVuJNQBh1hTiPmEAQYASABEgKDp_D_BwE
    They said they checked with crosley and said the 12 month guarantee was also how long they would expect to work so said u had no consumer rights claim 
    They would struggle with that if it came to court. The law expects most consumer products (used in a consumer environment and not commercially) to last for a "reasonable period of time". Generally that is around six years so they would need some very convincing reasons why that didn't apply to this product.

    Assuming it hasn't be misused (e.g had water spilt on it or kept in an exceptionally dusty situation etc) then you should be able to get a report that it had an inherent fault. Assuming the report is in your favour you can add the reasonable cost to you claim. 

    Whether you feel it is worth the hassle and slight gamble only you can decide. 
  • sheramber
    sheramber Posts: 22,980 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Have you advised Crosley yourself to tell them what happened? 
  • MyRealNameToo
    MyRealNameToo Posts: 1,471 Forumite
    1,000 Posts Name Dropper
    Undervalued said:
    The law expects most consumer products (used in a consumer environment and not commercially) to last for a "reasonable period of time". Generally that is around six years so they would need some very convincing reasons why that didn't apply to this product.
    There is absolutely nothing in the law that says it's generally about six years, it's highly dependent on the nature of the product. I'd be highly impressed if a pencil lasts 6 years of daily use and very disappointed if a wedding ring only lasted 6 years. 

    If you read the guidance notes for the legislation you will see it states to judge the reasonable life you need to consider the nature of the goods, the relative price paid etc and gives no guidance that everything should last 6 years unless otherwise stated. 
  • Undervalued
    Undervalued Posts: 9,719 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 21 August at 11:21AM
    Undervalued said:
    The law expects most consumer products (used in a consumer environment and not commercially) to last for a "reasonable period of time". Generally that is around six years so they would need some very convincing reasons why that didn't apply to this product.
    There is absolutely nothing in the law that says it's generally about six years, it's highly dependent on the nature of the product. I'd be highly impressed if a pencil lasts 6 years of daily use and very disappointed if a wedding ring only lasted 6 years. 

    If you read the guidance notes for the legislation you will see it states to judge the reasonable life you need to consider the nature of the goods, the relative price paid etc and gives no guidance that everything should last 6 years unless otherwise stated. 
    I didn't say there was! 

    I should perhaps have added a few words to clarify that 6 years would generally be considered reasonable for the type of product we are discussing here. But then I thought it was obvious we weren't discussing wedding rings or pencils!
  • MyRealNameToo
    MyRealNameToo Posts: 1,471 Forumite
    1,000 Posts Name Dropper
    I should perhaps have added a few words to clarify that 6 years would generally be considered reasonable for the type of product we are discussing here. But then I thought it was obvious we weren't discussing wedding rings or pencils!
    You explicitly stated that the law expects most consumer items so it was far from clear that you were explicitly talking only about turntables which in isolation I wouldnt consider to be "most consumer items". I admit I've owned 6 in my life time but expect I am an outlier in that and even for me it wouldnt come close to being most of the consumer items I've bought in my life.

    Personally on a turntable I think it would be variable, the stylus is basically a consumable as most recommend to replace them every 1,000 hours of play
  • Esty76
    Esty76 Posts: 41 Forumite
    Fourth Anniversary 10 Posts
    Thanks all I don't know how to respond to individual responses so to pot them up, I have contacted Crosley they said as I bought from HMV a consumer rights claim you would have to take it back to the retailer whom you purchased the item from, in this case it is HMV. They will be able to provide you with a full refund or a replacement and 
     to contact them. So I went back and hmv said they liaised with crosley and their advice was: they have deemed this a reasonable period to cover the products taking into account their expected durability and amount of use. 

    We believe that at the time it was supplied to you, your purchase fully complied with the implied warranties under the Sale of Goods Act and Consumer Rights Act. We are therefore not under any obligation to replace or repair your product free of charge or to refund the purchase price.
  • Undervalued
    Undervalued Posts: 9,719 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 30 August at 9:17AM
    Esty76 said:
    Thanks all I don't know how to respond to individual responses so to pot them up, I have contacted Crosley they said as I bought from HMV a consumer rights claim you would have to take it back to the retailer whom you purchased the item from, in this case it is HMV. They will be able to provide you with a full refund or a replacement and 
     to contact them. So I went back and hmv said they liaised with crosley and their advice was: they have deemed this a reasonable period to cover the products taking into account their expected durability and amount of use. 

    We believe that at the time it was supplied to you, your purchase fully complied with the implied warranties under the Sale of Goods Act and Consumer Rights Act. We are therefore not under any obligation to replace or repair your product free of charge or to refund the purchase price.
    Yes, a consumer rights claim is always against the retailer as that is who you have a contract with. You have no contract with the manufacturer except for any additional warranty that they might (or might not) include with the product.

    As I am sure has been mentioned earlier, if you have had the product more than six months the onus is on you to provide evidence that the fault was inherent (so not caused by misuse or excessive use of the product). The normal way of doing that is by an independent report from a suitably experienced and / or qualified person. If that report is in your favour you can add the reasonable cost of the report to your claim.

    So, to take this further you will need to gamble on paying for an expert opinion. If you have such a report HMV will most likely pay up (less some deduction for however much trouble free use you have had). However, if they dig their heels in you will need to take court action which will incur further fees up front. Again, if you win they will be added to what HMV are ordered to pay.

    Your call.
  • Okell
    Okell Posts: 2,949 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 30 August at 3:05PM
    Arrrgghhh!

    Now I've deleted the post I made half an hour ago trying to update it.  Fat fingers

    I've spent an hour typing this and I've not saved it anywhere... :s


    [Probably should have gone on the rant board anyway...]
  • Esty76
    Esty76 Posts: 41 Forumite
    Fourth Anniversary 10 Posts
    Thanks to y'all. I've gone to citizens advice now too. So I'm hopeful.....
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