Manufacturer warranties.

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  • miserable_ol_so_n_so
    miserable_ol_so_n_so Posts: 496 Forumite
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    Money_Grabber13579 wrote: »
    :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

    And you are going to take the manufacturer to a European court over £20? How many thousands will that cost?

    Yes. That is one option, and it will be up to the manufacturer to decide if he wants to contest it. I have no experience of dealing with a court in the EU, but my understanding is that it is along similar principles as here.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
  • waamo
    waamo Posts: 10,298 Forumite
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    miserable_ol_so_n_so wrote: »
    Yes. That is one option, and it will be up to the manufacturer to decide if he wants to contest it. I have no experience of dealing with a court in the EU, but my understanding is that it is along similar principles as here.

    It will be thrown out. The costs are disproportionate to the action. Any claim is foolhardy and doomed to fail.

    For £20 give it up.
  • miserable_ol_so_n_so
    miserable_ol_so_n_so Posts: 496 Forumite
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    Does any one have useful information about taking this mater to a small claims court? Is it a breach of contract? I purchased this item based on the two year guarantee.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
  • miserable_ol_so_n_so
    miserable_ol_so_n_so Posts: 496 Forumite
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    waamo wrote: »
    It will be thrown out. The costs are disproportionate to the action. Any claim is foolhardy and doomed to fail.

    For £20 give it up.

    Do I have a claim? and if so, what is the basis of the claim? Is it breach of contract?
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
  • miserable_ol_so_n_so
    miserable_ol_so_n_so Posts: 496 Forumite
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    edited 8 July 2018 at 12:48PM
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    waamo wrote: »
    It will be thrown out. The costs are disproportionate to the action. Any claim is foolhardy and doomed to fail.

    For £20 give it up.

    If it is such a small amount, why doese'nt the multinational giant not comply with the terms of his own warranty and settle up? It isen't as if I am asking him to do anything over and above what he committed to do in the first place?

    What are my grounds for action? Breach of contract? The contract being sending a faulty unit to the manufacturer if the fault develops within the guarantee period. I complied with my side of the bargain. The manufacturer has not.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
  • mije1983
    mije1983 Posts: 3,665 Forumite
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    edited 8 July 2018 at 1:03PM
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    miserable_ol_so_n_so wrote: »
    Does any one have useful information about taking this mater to a small claims court?


    https://www.moneysavingexpert.com/reclaim/small-claims-court/


    I will say though, for £20 and after 4 years, is it really worth it? How much do you value your time? Personally, I'd probably send a LBA but that would be the extent of it. I'd then write it off, especially as it hadn't bothered me for the last 4 years!


    There are battles worth fighting, and ones that aren't.
  • waamo
    waamo Posts: 10,298 Forumite
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    miserable_ol_so_n_so wrote: »
    Do I have a claim? and if so, what is the basis of the claim? Is it breach of contract?

    You have no claim. Where the costs exceed the amount claimed a court will refuse to hear the case. In legal terms it is called De Minimis https://en.m.wikipedia.org/wiki/De_minimis
  • miserable_ol_so_n_so
    miserable_ol_so_n_so Posts: 496 Forumite
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    mije1983 wrote: »
    https://www.moneysavingexpert.com/reclaim/small-claims-court/


    I will say though, for £20 and after 4 years, is it really worth it? How much do you value your time? Personally, I'd probably send a LBA but that would be the extent of it. I'd then write it off, especially as it hadn't bothered me for the last 4 years!


    There are battles worth fighting, and ones that aren't.

    I have commenced reading the small claims guide you suggested. The guide refers mostly to faulty goods and services. I am trying to figure out where my problem fits in. If faulty goods, then the claim is against the retailer, who is ignoring my contact. Am I right to believe that the manufacturer is in breach of something (contract?) by not sticking to the terms of the guarantee that he himself stipulated.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
  • miserable_ol_so_n_so
    miserable_ol_so_n_so Posts: 496 Forumite
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    waamo wrote: »
    You have no claim. Where the costs exceed the amount claimed a court will refuse to hear the case. In legal terms it is called De Minimis https://en.m.wikipedia.org/wiki/De_minimis

    Thanks. So basically, any merchant can simply refuse to compensate any one as long the goods are below the small claims court fees? These seem to run up to hundreds of pounds. So what is the point of a small claims court?
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
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    Your claim is doomed to fail as you have no contract with the manufacturer, your contract is with your supplier who you say is no longer trading so that avenue is also doomed to fail. Also depending on when in 2012 you bought it you may be out of time even if you had a valid claim as you only get 6 years from the date of purchase to bring a claim (except in Scotland which is 5 years from discovery of fault)
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