Playing hardball - use your consumer rights!

stanleyntl

Novice Member
I find a lot of users of the forums directing their problems to manufacturers when they have flawed or faulty products. Then they find out how uninterested they after they have your money, or how difficult it is to resolve problems.(And the manufacturer would be more inclined to repair than replace goods).
While this may seem sensible and appropriate, with respect to your legal rights, this is not so.
Under law your contract is with the supplier, and your options should the goods be faulty or not fit for purpose, are a refund, replacement or repair only, from the supplier.

Once you accept a repair you lose the right to a refund. However, if the goods are repaired or repeatedly so, and still don't work correctly, then a refund can still be sought.
Exchange of goods while a good will gesture has no status in law.
Goods that exhibit faults within 6 months, are now deemed to have had the fault at purchase and a refund can still be sought.

In case of difficulty with the supplier, an independant report from another supplier is necessary (for which you will pay). This will provide concrete proof to your supplier, before they inspect and find no faults etc. Also will be essential should matters need to progress to small claims court action.

There are also the new distance selling regulations, which gives you the right to cancel your order within 7 days.

Here is a link :Consumer law

Users really shouldn't be putting up with goods of unsatisfactory quality or those not fit for purpose. e.g. Philips 9830 LCD TV!

You need to aggressively use your consumer rights - the more returns errant manufacturers get the better.
You can always send a complaint to the manufacturer after you've got your refund (or exchange to another brand) - just to ram home the point to them.
They'll find it difficult to ignore sales returns!

Views most welcome on this topic.
 

ash

Well-known Member
True! But the trouble is this bit
In case of difficulty with the supplier, an independant report from another supplier is necessary (for which you will pay). This will provide concrete proof to your supplier, before they inspect and find no faults etc. Also will be essential should matters need to progress to small claims court action.
Getting someone else to do it, how much would it cost?
 

Karma

Active Member
In addition "goods fit for purpose" applies to the product "for a reasonable time".

This length of time is not defined in law. Most people assume that it is 12 months. It is not. The twelve month "warranty" offered by manufacturers is in addition to your statuatory rights. In that the product should operate for a "reasonable" time.

This seems to be judged by the courts as to the price you pay and the perceived quality of the product.

Don't expect much joy if you try to get a £15 kettle repaired after 12 months.


However, there are plenty of documented cases were suppliers have been taken to the small claims court and then been instructed to carry out repairs free of charge 3 or 4 years into the products life.

Which magazine highlights many of these. Recent notable wins include a Sony plasma television costing £3000, a Hotpoint washing machine costing £600 and a Meile dishwasher at £600. All repaired when they went faulty after more than two or three years. The judge deemed that it was "reasonable" to expect these "named, quality brands" to last longer than they did given the price premium you are paying for these brands. The judges go on to say that as you pay more these goods, your belief is you are paying for quality, and that included product longevity.

Which is why Which always advise against paying for additional warranties.

No-one yet has tried the same thing with the no-brand, 50 inch plasma costing £399 from the local Aldi. I suspect the judgement would be different!

K
 

dacco

Novice Member
Good thread guys.
 

Doctorb

Standard Member
Don't many people confuse these laws when offered a free repair? Most people would demand an exchange or refund instead.

I mean, you don't hear of many people getting a refund or exhange when their 6 month old car breaks down.
 

ash

Well-known Member
Quick question, i Was reading up. It says the fault must have been there when the TV was purchased for them to fix it? Or say it breaks few years down the line do they still fix it.
 

neilmcl

Member
ashmufc said:
Quick question, i Was reading up. It says the fault must have been there when the TV was purchased for them to fix it? Or say it breaks few years down the line do they still fix it.
You'd have to prove that fault was inherent, ie, it was a manufacturing fault. Its generally accepted that most components in a TV, or any large electrical appliance, should last a number of years, even taking into account wear and tear so if the component fails prematurely then this failure is inherent to the manufacture and therefore should be rectified.
 

stanleyntl

Novice Member
ashmufc said:
True! But the trouble is this bit

Getting someone else to do it, how much would it cost?
I've done this with a computer system, it'll cost in the region of £20-30. You'll need to use an independant retailer or repair company to assess the goods.
A small price to pay for very expensive AV kit.
 

sy278

Member
stanleyntl said:
In case of difficulty with the supplier, an independant report from another supplier is necessary (for which you will pay). This will provide concrete proof to your supplier, before they inspect and find no faults etc. Also will be essential should matters need to progress to small claims court action.

Actually the onus is on the supplier to prove there was no fault when it was purchased.
 

neilmcl

Member
sy278 said:
Actually the onus is on the supplier to prove there was no fault when it was purchased.
Only within the first 6 months after purchase, after this the burden of proof falls on the consumer.
 

wellibob

Active Member
Consumer rights are to protect us all, but there are those who take advantage of this situation, and thus make it harder for those geniune customers. They know who they are, and from experience i do know what they are !
 

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