Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Johnny T
    • By Johnny T 9th Jul 18, 10:13 AM
    • 12Posts
    • 6Thanks
    Johnny T
    Can I insist on a replacement instead of a repair?
    • #1
    • 9th Jul 18, 10:13 AM
    Can I insist on a replacement instead of a repair? 9th Jul 18 at 10:13 AM
    Hi all,


    I've had a AV Receiver since May. I bought it online new from a reputable shop.


    One of the outputs recently stopped working (although it is still usable as it has another output) and now it has started switching itself off occasionally.


    I've emailed the shop to ask for a replacement as I'm worried that it seems that there is potential for further problems down the line.


    The shop have replied promptly and said that they won't provide a replacement but will happily send it off for a repair to the makers of the device. Their website Returns Policy does say that, after 30 days, they'll only offer a repair.


    The website/company *are* reputable but I'm wondering if I have rights to insist on a replacement under the Consumer Rights Act 2015. The Act talks a lot about replacement/repair but I can't find anywhere that deals with this particular quandary where the shop are offering a repair but the customer would prefer a replacement?


    Anyone know where I stand on this?


    Thanks
Page 1
    • DCFC79
    • By DCFC79 9th Jul 18, 10:16 AM
    • 32,556 Posts
    • 20,486 Thanks
    DCFC79
    • #2
    • 9th Jul 18, 10:16 AM
    • #2
    • 9th Jul 18, 10:16 AM
    You bought in may so a few months, they are entitled to get it repaired.
    • cono1717
    • By cono1717 9th Jul 18, 10:17 AM
    • 699 Posts
    • 497 Thanks
    cono1717
    • #3
    • 9th Jul 18, 10:17 AM
    • #3
    • 9th Jul 18, 10:17 AM
    Within the first 6 months the onus is on the retailer to prove it's not a manufacturing defect if they can't they need to repair/refund or replace but it's up to them which they do. You can ask but you don't get it by law.
    • DoaM
    • By DoaM 9th Jul 18, 10:53 AM
    • 4,752 Posts
    • 4,739 Thanks
    DoaM
    • #4
    • 9th Jul 18, 10:53 AM
    • #4
    • 9th Jul 18, 10:53 AM
    With the old SoGA a consumer could request a preference as to the remedy, but the seller could reject that preference if providing it was disproportionately costly versus any of the other remedies.

    I don't know if the CRA still has that same guidance but the general intent still holds true.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Johnny T
    • By Johnny T 9th Jul 18, 10:56 AM
    • 12 Posts
    • 6 Thanks
    Johnny T
    • #5
    • 9th Jul 18, 10:56 AM
    • #5
    • 9th Jul 18, 10:56 AM
    With the old SoGA a consumer could request a preference as to the remedy, but the seller could reject that preference if providing it was disproportionately costly versus any of the other remedies.

    I don't know if the CRA still has that same guidance but the general intent still holds true.
    Originally posted by DoaM

    Thanks DoaM. Much appreciated
    • R-O-B
    • By R-O-B 10th Jul 18, 2:10 PM
    • 3 Posts
    • 1 Thanks
    R-O-B
    • #6
    • 10th Jul 18, 2:10 PM
    • #6
    • 10th Jul 18, 2:10 PM
    With the old SoGA a consumer could request a preference as to the remedy, but the seller could reject that preference if providing it was disproportionately costly versus any of the other remedies.

    I don't know if the CRA still has that same guidance but the general intent still holds true.
    Originally posted by DoaM
    Yes the New CRA allows the consumer to chose between repair or replacement "unless one is disproportionate compared with the other."

    You can insist on a replacement, and you have good reason which is your loss of faith. As it is their breach of contract, replacement is a remedy available to you.

    Page 38 of the Business Companion guidance has a flowchart. Search online for CRA Goods Guidance for Business.
    • Johnny T
    • By Johnny T 10th Jul 18, 2:15 PM
    • 12 Posts
    • 6 Thanks
    Johnny T
    • #7
    • 10th Jul 18, 2:15 PM
    • #7
    • 10th Jul 18, 2:15 PM
    Yes the New CRA allows the consumer to chose between repair or replacement "unless one is disproportionate compared with the other."

    You can insist on a replacement, and you have good reason which is your loss of faith. As it is their breach of contract, replacement is a remedy available to you.

    Page 38 of the Business Companion guidance has a flowchart. Search online for CRA Goods Guidance for Business.
    Originally posted by R-O-B
    Hi Rob

    Yep, I downloaded that document. That's a great find!

    I suppose the catch-all is the definition of "disproportionate".

    For instance, if the repair is 200 but a new device is 800 is that disproportionate?

    Or 600 vs 800 ??

    etc....

    Cheers

    • George Michael
    • By George Michael 10th Jul 18, 2:18 PM
    • 3,162 Posts
    • 4,243 Thanks
    George Michael
    • #8
    • 10th Jul 18, 2:18 PM
    • #8
    • 10th Jul 18, 2:18 PM
    Yes the New CRA allows the consumer to chose between repair or replacement "unless one is disproportionate compared with the other."

    You can insist on a replacement, and you have good reason which is your loss of faith. As it is their breach of contract, replacement is a remedy available to you.

    Page 38 of the Business Companion guidance has a flowchart. Search online for CRA Goods Guidance for Business.
    Originally posted by R-O-B
    No they can't.
    They can request a replacement but as you have already pointed out, this request can be denied if the retailer considers it disproportionate.

    Why do you consider that the OP can claim "loss of faith"?
    They bought an item a few months ago which has now failed and the retailer has stated that they will provide a repair service, something that they are legally entitled to do so why should someone lose faith in a company that is complying fully with their legal obligations?
    • Johnny T
    • By Johnny T 10th Jul 18, 2:28 PM
    • 12 Posts
    • 6 Thanks
    Johnny T
    • #9
    • 10th Jul 18, 2:28 PM
    • #9
    • 10th Jul 18, 2:28 PM
    No they can't.
    They can request a replacement but as you have already pointed out, this request can be denied if the retailer considers it disproportionate.

    Why do you consider that the OP can claim "loss of faith"?
    They bought an item a few months ago which has now failed and the retailer has stated that they will provide a repair service, something that they are legally entitled to do so why should someone lose faith in a company that is complying fully with their legal obligations?
    Originally posted by George Michael
    I must admit that the company have been good. They have arranged pick-up of the defective item tomorrow (at their expense). They also explained that, if I reported the fault within the month then it's the manufacturer who foots the bill for a replacement but, after a month, it would be them who had to foot the bill unless the manufacturer can't fix it.

    My only concern is whether the warranty starts again when the repair is complete or not which I've emailed them to clarify.

    • k3lvc
    • By k3lvc 10th Jul 18, 2:33 PM
    • 2,371 Posts
    • 3,928 Thanks
    k3lvc
    My only concern is whether the warranty starts again when the repair is complete or not which I've emailed them to clarify.

    Originally posted by Johnny T
    Legally no it doesn't - but nor would it with a replacement. They may, as a gesture of goodwill, extend it but you've no rights
    • Johnny T
    • By Johnny T 10th Jul 18, 2:50 PM
    • 12 Posts
    • 6 Thanks
    Johnny T
    Legally no it doesn't - but nor would it with a replacement. They may, as a gesture of goodwill, extend it but you've no rights
    Originally posted by k3lvc
    Yep, they've just got back to me saying the same thing. Thanks k3lvc
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

119Posts Today

1,145Users online

Martin's Twitter