Manufacturer warranties.
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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)
There is something not quite right here. If what you say is correct, ie 6 years from the date of purchase, and if the guarantee is for 7 years, and it fails one day after 6, according to you, there is no claim! What is the point of a guarantee exceeding 6 years then?....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0 -
miserable_ol_so_n_so wrote: »There is something not quite right here. If what you say is correct, ie 6 years from the date of purchase, and if the guarantee is for 7 years, and it fails one day after 6, according to you, there is no claim! What is the point of a guarantee exceeding 6 years then?
There isn't really much point in it, they are a marketing gimmick,, in some circumstances the retailer/supplier would have an enhanced contractual obligation to deal with it over and above you statutory rights but certainly not in all cases. But again it would be against the supplier and not the manufacturer who no contract exists with.0 -
There isn't really much point in it, they are a marketing gimmick,, in some circumstances the retailer/supplier would have an enhanced contractual obligation to deal with it over and above you statutory rights but certainly not in all cases. But again it would be against the supplier and not the manufacturer who no contract exists with.
so we have established that:
1. Any manufacturer guarantee over 6 years in England is useless.
2. Small claims are not really small as the court fees can be several hundred pounds.
What about my faulty unit that the manufacturer destroyed? Does he not have to compensate me for that?
I do really want to bring a claim against this unscrupulos manufacturer. What are my grounds?
How about posting my problem on Twitter where they have an account?....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0 -
You've left this for 4 years as you had more important things going on. I'd return to those more important things if I were you and move on.0
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You've left this for 4 years as you had more important things going on. I'd return to those more important things if I were you and move on.
I certainly do not wish to return to brain haemhorrage, nor to contend with spouses cancer treatment. I do want what is rightfully due to me. I dont see why the passage of 4 years should matter. After all, the manufacturer rejected my rights even though it was well within the guarantee period.
How small is a small claim? Does anyone here know?
What should I be claiming for? Breach of advertising standards? Should I complain to the Advertising standards authority?
I purchased it based upon the advert for a product with two year guarantee.....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0 -
Didn't realise it was for such a small amount nor that you have waited so long to sort it (yes I understand there's been other pressing issues).
I agree with everyone else and just cut your losses and buy a new 1 or not.0 -
Actions founded on simple contract have a limitation period of 6 years. As other people have explained, this relates to your contract with the trader as there is no contract with the manufacturer.
The guarantee....by law no guarantee needs to be offered but if it is, then it is binding on the party offering it and under the terms that they offered.
The problem you're going to have is with the passage of time and the trivial sum. If it cost £20 new then your claim would be considerably less than that. Spending £55+ on filing fee, hearing fee (and not accounting for lost wages, travelling expenses, enforcement fees etc) for a sum which could be £0-10 (especially with limited prospect of success) is absurd.
Sometimes you just need to learn which battles to pick.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Didn't realise it was for such a small amount nor that you have waited so long to sort it (yes I understand there's been other pressing issues).
I agree with everyone else and just cut your losses and buy a new 1 or not.
I did actually buy two at the time so I could always have a replacement in case of a failure so when the first one failed, I replaced it with the spare one. I could do as many have suggested, but it goes against my grain to give in to big companies.
I want to pursue this further.....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.0 -
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.unholyangel wrote: »
The guarantee....by law no guarantee needs to be offered but if it is, then it is binding on the party offering it and under the terms that they offered.
The problem you're going to have is with the passage of time and the trivial sum. If it cost £20 new then your claim would be considerably less than that. Spending £55+ on filing fee, hearing fee (and not accounting for lost wages, travelling expenses, enforcement fees etc) for a sum which could be £0-10 (especially with limited prospect of success) is absurd.
Sometimes you just need to learn which battles to pick.....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0
This discussion has been closed.
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