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  • FIRST POST
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 8:54 AM
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    miserable_ol_so_n_so
    Manufacturer warranties.
    • #1
    • 8th Jul 18, 8:54 AM
    Manufacturer warranties. 8th Jul 18 at 8:54 AM
    Help please. I purchased a bathroom fan. It had a manufacturers 2 year warranty. I registered the warranty. The warranty specified return to manufacturer to claim. The fan failed within the warranty period so I returned it as per the terms. The manufacturer refused to replace it stating my contract was with the seller not with them!

    The seller has stopped trading.

    I want to take the manufacturer to the small claims court.

    Do I have a case against the manufacturer?
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
Page 2
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 11:48 AM
    • 492 Posts
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    miserable_ol_so_n_so
    It means this is a wind up thread.

    .
    Originally posted by derrick
    No it is not that.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 11:52 AM
    • 492 Posts
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    miserable_ol_so_n_so


    And you are going to take the manufacturer to a European court over 20? How many thousands will that cost?
    Originally posted by Money_Grabber13579
    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
    • By waamo 8th Jul 18, 12:24 PM
    • 4,696 Posts
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    waamo
    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.
    Originally posted by miserable_ol_so_n_so
    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.
    This space for hire.
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 12:25 PM
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    miserable_ol_so_n_so
    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
    • By miserable_ol_so_n_so 8th Jul 18, 12:28 PM
    • 492 Posts
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    miserable_ol_so_n_so
    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.
    Originally posted by waamo
    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
    • By miserable_ol_so_n_so 8th Jul 18, 12:40 PM
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    miserable_ol_so_n_so
    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.
    Originally posted by waamo
    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.
    Last edited by miserable_ol_so_n_so; 08-07-2018 at 12:48 PM.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
    • mije1983
    • By mije1983 8th Jul 18, 1:00 PM
    • 3,542 Posts
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    mije1983
    Does any one have useful information about taking this mater to a small claims court?
    Originally posted by miserable_ol_so_n_so

    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.
    Last edited by mije1983; 08-07-2018 at 1:03 PM.

    • waamo
    • By waamo 8th Jul 18, 1:07 PM
    • 4,696 Posts
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    waamo
    Do I have a claim? and if so, what is the basis of the claim? Is it breach of contract?
    Originally posted by miserable_ol_so_n_so
    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
    This space for hire.
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 1:11 PM
    • 492 Posts
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    miserable_ol_so_n_so
    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.
    Originally posted by mije1983
    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
    • By miserable_ol_so_n_so 8th Jul 18, 1:15 PM
    • 492 Posts
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    miserable_ol_so_n_so
    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
    Originally posted by waamo
    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
    • By Fosterdog 8th Jul 18, 1:16 PM
    • 4,049 Posts
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    Fosterdog
    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)
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 1:28 PM
    • 492 Posts
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    miserable_ol_so_n_so
    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)
    Originally posted by Fosterdog
    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....
    • Fosterdog
    • By Fosterdog 8th Jul 18, 1:42 PM
    • 4,049 Posts
    • 6,992 Thanks
    Fosterdog
    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?
    Originally posted by miserable_ol_so_n_so
    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.
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 1:55 PM
    • 492 Posts
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    miserable_ol_so_n_so
    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.
    Originally posted by Fosterdog
    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....
    • pmduk
    • By pmduk 8th Jul 18, 2:01 PM
    • 9,371 Posts
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    pmduk
    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.
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 2:07 PM
    • 492 Posts
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    miserable_ol_so_n_so
    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.
    Originally posted by pmduk
    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.
    Last edited by miserable_ol_so_n_so; 08-07-2018 at 2:11 PM.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
    • DCFC79
    • By DCFC79 8th Jul 18, 3:21 PM
    • 32,928 Posts
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    DCFC79
    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.
    Last edited by DCFC79; 08-07-2018 at 3:35 PM.
    • unholyangel
    • By unholyangel 8th Jul 18, 4:31 PM
    • 12,996 Posts
    • 10,303 Thanks
    unholyangel
    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.
    Money doesn't solve poverty.....it creates it.
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 4:35 PM
    • 492 Posts
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    miserable_ol_so_n_so
    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.
    Originally posted by DCFC79
    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....
    • KeithP
    • By KeithP 8th Jul 18, 4:35 PM
    • 10,651 Posts
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    KeithP
    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.
    .
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