Manufacturer warranties.
Options
Comments
-
Do you realise what your remedies under The Consumer Rights Act 2015 might be?
It could either be a replacement, a repair or a refund.
You can express a preference, but you cannot force a trader to perform a remedy that is disproportionate.
In other words the seller can choose to make a refund. Such refund can be reduced to take account of the use you have had.
I leave you to work out what proportion of the original £20 might be due.
There is nothing in any legislation that says everything has to last six years.
But forget all that, apparently you cannot even get in touch with the seller.
It was the seller that sold the product - and that 'product' includes the manufacturer's guarantee.
It is the seller's responsibility, and the seller's responsibility only.
The manufacturer's responsibility is to whoever they sold the fan to - nothing more.
The manufacturer owes you nothing.
Please don't spend any more time and effort on this crusade.
My problem is not that the product did not last for 6 years. My problem is that the manufacturer advertised it as guaranteed for 2 years and the terms were to return it to the manufacturer in case of failure within the guarantee period for repair or replacement. When I did so, he refused to take any responsibility and told me get in touch with the retailer. He then proceeded to destroy the item! He has not offered any refund or replacement. And what is galling is that he has probably hundreds of these fans lying around the warehouse. The model is still on sale! It is dishonest.....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0 -
Do you realise what your remedies under The Consumer Rights Act 2015 might be?
It could either be a replacement, a repair or a refund.
You can express a preference, but you cannot force a trader to perform a remedy that is disproportionate.
In other words the seller can choose to make a refund. Such refund can be reduced to take account of the use you have had.
I leave you to work out what proportion of the original £20 might be due.
There is nothing in any legislation that says everything has to last six years.
But forget all that, apparently you cannot even get in touch with the seller.
It was the seller that sold the product - and that 'product' includes the manufacturer's guarantee.
It is the seller's responsibility, and the seller's responsibility only.
The manufacturer's responsibility is to whoever they sold the fan to - nothing more.
The manufacturer owes you nothing.
Please don't spend any more time and effort on this crusade.
Don't forget though that this purchase was made before the CRA came into force so it would instead be covered by SoGA, it doesn't really make any difference to OPs entitlement here but they at least need to look into the correct legislation to decide whether or not they have a case.0 -
Don't forget though that this purchase was made before the CRA came into force so it would instead be covered by SoGA, it doesn't really make any difference to OPs entitlement here but they at least need to look into the correct legislation to decide whether or not they have a case.
Yes, thanks FD, I had overlooked that.0 -
miserable_ol_so_n_so wrote: »Thank you for the information. Please can you tell me why would my claim be considerably less? Surely it would be for the purchase of an equivalent fan. The same model is till being peddled.
Because you did not lose a brand new fan. You lost a fan that was 1-2 years old. Furthermore, £20 is incredibly cheap for a fan. Therefore it wouldn't be entirely unreasonable if the expected lifespan was only 2-3 years.
A new fan would be a betterment and that is not what damages are designed to do. Civil law is about restoring you to the position you would have been in (or as near as money can achieve it) had the breach (of contract/duty) not happened. Betterment goes further than restoring you and strays into the territory of penalising the wrongdoer - which is the purpose of criminal law, not civil.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Don't forget though that this purchase was made before the CRA came into force so it would instead be covered by SoGA, it doesn't really make any difference to OPs entitlement here but they at least need to look into the correct legislation to decide whether or not they have a case.
Good point. Also reminds me of something I meant to ask the OP.
OP.....you say the trader isn't trading anymore. Are they a limited company, a sole trader or something else? If it was a sole trader or if its a limited company that has not been struck off, you can still take action against them - whether they're actively trading right now or not.
ETA: although that being said, you're going to have a hard time claiming from the retailer if you dont have the item - it would be for you to prove that the goods didn't conform as well as that the lack of conformity was inherent. I imagine that will be extremely difficult if not impossible without the goods in question.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
OK, as I said, the manufacturer has done nothing wrong there.miserable_ol_so_n_so wrote: »When I did so, he refused to take any responsibility and told me get in touch with the retailer.
Then perhaps your claim should be against the manufacturer for destroying your property?miserable_ol_so_n_so wrote: »He then proceeded to destroy the item!
You sound like the sort of chap who would've filed everything, so look back through your archives for their letter asking you what should happen to your fan.
Of course it may say in the manufacturer's guarantee something like "all returned items become the property of the manufacturer".0 -
unholyangel wrote: »Good point. Also reminds me of something I meant to ask the OP.
OP.....you say the trader isn't trading anymore. Are they a limited company, a sole trader or something else? If it was a sole trader or if its a limited company that has not been struck off, you can still take action against them - whether they're actively trading right now or not.
ETA: although that being said, you're going to have a hard time claiming from the retailer if you dont have the item - it would be for you to prove that the goods didn't conform as well as that the lack of conformity was inherent. I imagine that will be extremely difficult if not impossible without the goods in question.
Thanks. It was a sole trader. As for producing the goods, the manufacturer dumped it.
I am inclined to take action against the manufacturer because I complied with the terms of the guarantee. It cost me postage too. He has not made any offer of anything other than to acknowledge receipt of the fan along with the guarantee certificate and pointing out to me that I had a contract with the seller and asking me what they should do with the fan. I informed them to keep hold of it until the matter was resolved. When I informed him that I had not had any reply, he told me they could not help me any further and they had destroyed the fan! They have made no effort to make me an offer, not even of £0.10 pence. What I want is for them to honour the guarantee, which I believe was at their discretion to repair or replace the fan or refund . If the court then decides that I am only due £0.10, so be it.
My final question is, if this were to happen, will the court award my court costs?....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0 -
I was asked what I wanted done with the fan and I said to hold on to it until the problem was resolved. Yes I do have all the emails and yes I do file everything.OK, as I said, the manufacturer has done nothing wrong there.
Then perhaps your claim should be against the manufacturer for destroying your property?
You sound like the sort of chap who would've filed everything, so look back through your archives for their letter asking you what should happen to your fan.
Of course it may say in the manufacturer's guarantee something like "all returned items become the property of the manufacturer".....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0 -
miserable_ol_so_n_so wrote: »I was asked what I wanted done with the fan and I said to hold on to it until the problem was resolved.
And then did nothing, for whatever reason, for four years.
Is that right?0 -
miserable_ol_so_n_so wrote: »Thanks. It was a sole trader. As for producing the goods, the manufacturer dumped it.
I am inclined to take action against the manufacturer because I complied with the terms of the guarantee. It cost me postage too. He has not made any offer of anything other than to acknowledge receipt of the fan along with the guarantee certificate and pointing out to me that I had a contract with the seller and asking me what they should do with the fan. I informed them to keep hold of it until the matter was resolved. When I informed him that I had not had any reply, he told me they could not help me any further and they had destroyed the fan! They have made no effort to make me an offer, not even of £0.10 pence. What I want is for them to honour the guarantee, which I believe was at their discretion to repair or replace the fan or refund . If the court then decides that I am only due £0.10, so be it.
My final question is, if this were to happen, will the court award my court costs?
In answer to your "final" question it is likely the court will dismiss your claim without hearing it. You also risk losing the filing fee.
I can see this dragging on for 10 pages of "what if" and "yes but".0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards