Trading Standards vs incarexpress.co.uk

grayme-m

mdbarber wrote: »

oh come on so far i've brought in SOGA, UCTA1977, UCCTR1999
what have you brought to the table?
sorry m8 but you lost all credibility when you implied a judge had rejected statute on moral grounds.

Oh I see, you are just going to court and saying, 'They've broken the SOGA, UCTA1977, and UCCTR1999, case closed'.

You're great you are.

My question still stands, would you have returned the item if it wasn't (in your eyes) faulty?

mdbarber

grayme-m wrote: »

Oh I see, you are just going to court and saying, 'They've broken the SOGA, UCTA1977, and UCCTR1999, case closed'.

You're great you are.

My question still stands, would you have returned the item if it wasn't (in your eyes) faulty?

I thought the answer was obvious, no I wouldn't have returned it if it met the requirements of the SOGA, why should I? it was a present and as such my poor gf had to wait until it was obvious incarexpress.co.uk intended to do nothing (and for me to have the money) then i bought the identical model from Curries.

Altarf

mdbarber wrote: »

The point about agreeing to pay for return only specifies in the T&C's to a claim under warranty, this does not apply to rejection, as it would be illegal to write such exemption, "Your Statutory Rights Remain Unaffected" etc. so again I am under no obligation to take such action. I state this not because its my option but because it is clearly written in law.

But you didn't reject it, you accepted it, as defined under SOGA s35, and even if you had rejected it, then the T&Cs set out the requirement to return it under SOGA s36. This is not depriving you of your statutory rights.

cavycrazy wrote: »

But by your own admission, the stereo worked and then ceased to work. That should surely put it into the category of warranty and not rejection.

It would fall within a waranty claim, but it would also fall within SOGA s48, which can be summarised as if you buy something and it doesn't work then the retailer is obliged to fix it, replace it or refund you, plus refund any costs such as return postage.

grayme-m

I wonder if anyone ever fitted a car radio, but due to ineptitude damaged it and then thought of a scheme to get it fixed / a replacement: Claim it worked for ten minutes (so hence the fitting couldn't be to blame) and stopped, so must be faulty. But then they wouldn't want to send it back in case ICE saw what had happened so...

If ICE had suffered this in the past, they'd definitely insist on seeing the unit before they'd refund / replace.
Interesting posts from Altarf.

mdbarber

grayme-m wrote: »

I wonder if anyone ever fitted a car radio, but due to ineptitude damaged it and then thought of a scheme to get it fixed / a replacement: Claim it worked for ten minutes (so hence the fitting couldn't be to blame) and stopped, so must be faulty. But then they wouldn't want to send it back in case ICE saw what had happened so...

If ICE had suffered this in the past, they'd definitely insist on seeing the unit before they'd refund / replace.
Interesting posts from Altarf.

Well i used to wonder if anyone started spouting off on a subject they knew absolutely nothing about, ever fitted a car stereo? and though they may definitely insist they do not have that right written in law AFAIK, feel free to correct me.

Altarf wrote: »

But you didn't reject it, you accepted it, as defined under SOGA s35, and even if you had rejected it, then the T&Cs set out the requirement to return it under SOGA s36. This is not depriving you of your statutory rights.
It would fall within a waranty claim, but it would also fall within SOGA s48, which can be summarised as if you buy something and it doesn't work then the retailer is obliged to fix it, replace it or refund you, plus refund any costs such as return postage.

So we have established beyond reasonable doubt I "accepted"(in a legal sense) the goods?, sfunny cos that contradicts a communication I had from incarexpress.co.uk themselves.
On fitting the item to test I was attempting to ascertain whether all feature would actually work.
The info you provided there may have been helpful to me in pointing out I was not as thorough in describing the course of events that actually happened. and thankyou for that.
For the people who have never fitted a car stereo to understand the rest it needs to be said it's not that difficult.
Some cars come fitted with proprietry connections ie from the car makers own spec. some come fitted with industry standard connections usually referred to as "ISO" connections.
My own car had been converted to the "ISO" standard some years before and was simple a case of checking the two stereos (1 to be removed and the new) both used the same connector, this was very easy because the old one had a sticker on it giving the pinouts, the new had a manual confirming both units were the same.
So in essence it was a case of removing two connectors from old unit and attaching to new, easy as wiring a TV up.
On the actual test of the unit I first powered on, ok, played a standard CD, ok played and MP3 cd, all ok.
Then came the reason I had purchased this unit for my gf it's bluetooth capability, on attempting to "pair" the phone and the stereo the stereo died, this pairing is a standard wireless procedure and I believe the timing of the stereos malfunction was unrelated.
This was witnessed by my friend and this information was also relayed to the tech support people at incarexpress.co.uk who failed to come up with an explanation at that time as to why had this happened other than the unit was faulty.
To summarise it was incarexpress.co.uk that led me to believe the unit was faulty as they were the experts who was I to argue
What I did object to was their insistence that I return the item at my cost Incarexpress.co.uk failed back then and for the next 6 months to inform me that their company has an insurance policy to cover goods in transit despite being informed that the local post office wanted to charge me nearly £20.00 for the return.

dmg24

This just gets funnier!

:rotfl: :rotfl: :rotfl:

cavycrazy_2

mdbarber wrote: »

What I did object to was their insistence that I return the item at my cost Incarexpress.co.uk failed back then and for the next 6 months to inform me that their company has an insurance policy to cover goods in transit despite being informed that the local post office wanted to charge me nearly £20.00 for the return.

Oh, another bit of the jigsaw falls into place. You never mentioned this before and it isn't mentioned on the site that I can see.

grayme-m

mdbarber wrote: »

Well i used to wonder if anyone started spouting off on a subject they knew absolutely nothing about, ever fitted a car stereo? and though they may definitely insist they do not have that right written in law AFAIK, feel free to correct me.

Yes I have fitted a car stereo, I didn't feel the need to check if there was a law giving me the right to do (or preventing me from doing so).

Too late now, but you could have couriered the stereo (with insurance) for less than £10.

mdbarber

cavycrazy wrote: »

Oh, another bit of the jigsaw falls into place. You never mentioned this before and it isn't mentioned on the site that I can see.

err read the original post which is also repeated a few posts ago

grayme-m wrote: »

Yes I have fitted a car stereo, I didn't feel the need to check if there was a law giving me the right to do (or preventing me from doing so).

Too late now, but you could have couriered the stereo (with insurance) for less than £10.

now that steps into the realms of insanity, just does not make any sense at all and why would it be too late? according to the few sane people i've heard from it's far from too late.

glad to see dmg is still popping on posting nonsense, glad we are here to amuse you!

grayme-m

mdbarber wrote: »

now that steps into the realms of insanity, just does not make any sense at all and why would it be too late? according to the few sane people i've heard from it's far from too late.

I was replying to your post, I tried to make the best of your post that baffled me, seems I failed; sorry.

It's not too late, why not send it back?

ICE will find the unit faulty and refund all you paid and the courier fee. :beer: