Sales of Goods Act help...

WaynelleUK09 · 10 Nov 2010 at 12:07

Its a long one...

We bought a OCZ 700W Modular PSU last October from our local computer shop.

8 weeks ago it just cut out and wouldnt turn on, so we took it back to the shop (we still had 6 weeks left on our store warranty) who said they would have to send it back to thew supplier as the PSU is now discontinues and they estimated us 2 to 3 weeks. We bought another PSU in the meantime so we wouldn't have to be without a computer for so long.

I rang the shop a few weeks later as we hadn't heard anything and they said that the supplier still hadn't heard back from the supplier so they would send an email off to them and wait for a response. Another week passes and still nothing! So I ring them again just to be told exactly the same thing, that they are awaiting a response from the supplier.

And this repeated itself every week for 8 weeks until finally we got a phone call yesterday to tell us that the supplier has decided to give us a credit for £69 for the PSU and they offered us an alternative product, the Coolermaster 700W Modular PSU, which they had in stock, I explained that we have since bought another PSU from them as it took them so long and they are now saying that if we don't want to buy another PSU then they can only give us a credit for £45, so we'd then be loosing £24 for nothing!

I told the Manager at the store that we wanted to buy a Sound Card with the credit instead which he said we couldn't do, it has to be a PSU or a £45 credit.

I have now rang Consumer Direct who have said that they have to take our circumstances in to consideration, at the fact we've had to buy another one as it took them so long. And they have said that we should never accept a credit note for something that was faulty. They have advised me to send them a letter asking for a like-for-like refund in to my account.

The shop are now saying that they have also rang Consumer Direct and told them that they are doing the right thing, but I'm not sure whether to believe them as they told me something totally different.

Can anyone shed some light on this situation as to who is in the wrong?
We don't want to go down the official complaints route if we are going to be no better off.

Thanks :-)

[TW]Fox · 10 Nov 2010 at 12:09

I think this sounds legal and reasonable - you've had the goods for almost a year and had a years useage out of them and I beleive they are within their rights to make the offer they have done to you. Remember they are entitled to offer a repair or replacement.

As you purchased the replacement PSU from them anyway it seems this is bad customer service, but thats all it is.

misterPK · 10 Nov 2010 at 12:10

Hang on, so you asked for it to be repaired under warrenty rather than directly asking for a refund as it was faulty?

PK!

WaynelleUK09 · 10 Nov 2010 at 12:11

misterPK said:
Hang on, so you asked for it to be repaired under warrenty rather than directly asking for a refund as it was faulty?

PK!

No we didnt, we took it in to the shop and explained the fault, they then tested it there and then and said they would have to send it off to the supplier to be tested and that there was nothing more they could do.

JBuk · 10 Nov 2010 at 12:12

I'm assuming you mean Oct 09?

If so you won't get a like for like refund, in basic terms the SOGA says that because you have had decent usage out of it then the supplier can offer a partial refund

if you bought it in oct 2010 then you should recieve a full refund and don;t have to accept a credit note

eatcustard · 10 Nov 2010 at 12:13

Call CAB

WaynelleUK09 · 10 Nov 2010 at 12:15

JBuk said:
I'm assuming you mean Oct 09?

If so you won't get a like for like refund, in basic terms the SOGA says that because you have had decent usage out of it then the supplier can offer a partial refund

if you bought it in oct 2010 then you should recieve a full refund and don;t have to accept a credit note

The guy that we spoke to at Consumer Direct said that because it was still within the 1 year guarantee that this is what they have to do, they are still responsible for the PSU...

shine · 10 Nov 2010 at 12:15

Souds reasonable to me:

If a repair is impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality in this legislation, you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that any refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to take return the item if something else goes wrong.

http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/

You've been given the option of a new power supply, credit note or £45 cash. Seems fair to me as you did have nearly 1 years use of the item.

WaynelleUK09 · 10 Nov 2010 at 12:18

shine said:
Souds reasonable to me:

http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/

You've been given the option of a new power supply, credit note or £45 cash. Seems fair to me as you did have nearly 1 years use of the item.

They said that they can give a credit note for £45, if we wanted cash it would only be £12! :-(

ColdAsIce · 10 Nov 2010 at 12:21

Definitely fight for a full refund. Cannot believe they are treating you this way when you bought a replacement PSU from their store after the other one failed

Morgoth · 10 Nov 2010 at 12:24

How much was the faulty PSU when you bought it initially?

JBuk · 10 Nov 2010 at 12:27

WaynelleUK09 said:
The guy that we spoke to at Consumer Direct said that because it was still within the 1 year guarantee that this is what they have to do, they are still responsible for the PSU...

without the guarantee then the partial refund would be an option but a 1 year guarantee will change things and they should honour it or replace like for like afaik

WaynelleUK09 · 10 Nov 2010 at 12:27

ColdAsIce said:
Definitely fight for a full refund. Cannot believe they are treating you this way when you bought a replacement PSU from their store after the other one failed

I know

I have explained all this to them but they just don't see what we're trying to say. They're basically saying that we didn't have to buy another PSU, but who's wants to be without a computer for weeks when its not your fault?! :mad:

The IPB · 10 Nov 2010 at 12:28

Take the replacement PSU then sell it, if they won't budge.

[TW]Fox · 10 Nov 2010 at 12:30

eatcustard said:
Call CAB

For what purpose? Why does someone ALWAYS post this in a thread on consumer issues?

CAB TO TEH RESCUEZZZ?

His position has been explained to him perfectly in this thread.

WaynelleUK09 · 10 Nov 2010 at 12:32

Morgoth said:
How much was the faulty PSU when you bought it initially?

I cant remember exactly but it was around £70

Kermit said:
Seems to me they're taking the mick as if they've received £69 credit from their supplier for your psu, then that £69 credit is YOUR credit although to some degree I do have sympathy with the shop in that like yourself through no real fault of their own they'll have spent time and money returning the PSU to the supplier and dealing with this.

Did you buy the replacement psu from the same shop or elsewhere?

Yeah thats what I said to them, that they will basically be getting £24 for nothing, and its not as if we want to buy the sound card from another store, we wanted to buy it from them so either way they are getting the money back, and the price of the sound card is less than what the £69 credit is for so they could keep the difference for all I care, we just want a sound card!!

Yeah we bought the replacement PSU from their store :mad:

And yes it would have cost them money returning the PSU etc, but thats the whole point in a guarantee, they are responsible for it.

eatcustard · 10 Nov 2010 at 12:32

[TW]Fox;17758480 said:
For what purpose? Why does someone ALWAYS post this in a thread on consumer issues?

CAB TO TEH RESCUEZZZ?

His position has been explained to him perfectly in this thread.

Sorry forgot

You know all :rolleyes:

WaynelleUK09 · 10 Nov 2010 at 12:33

Dkore-DeX said:
Take the replacement PSU then sell it, if they won't budge.

Yeah we're starting to think that we're going to have to do that, just put it on the sellers market or something

JBuk · 10 Nov 2010 at 12:33

Free Guarantees/Warranties

In addition to having their legal rights a consumer may be offered a guarantee e.g. by a manufacturer or retailer) on a voluntary basis.Guarantees – sometimes called warranties – do not have to be offered but if they are, those given free of charge with the product:

P will be legally binding on the person offering the guarantee;
P will have to be written in English and in plain intelligible words;
P must be available for viewing by consumers before purchase, e.g. by advising where they may be seen such as on the internet for those with access; and
P state that they do not affect the consumer's legal rights.

If a manufacturer reneged on a free guarantee then the consumer couldenforce it in a small claims court. The retailer would not be involved.
If the consumer wishes to inspect a free guarantee, to help make a purchasing decision, then the person offering it has to make it available – if they cannot do so immediately, they should follow up promptly with a copy which is posted or sent via email etc.
Translation of free guarantees
Where those offering free guarantees do not translate them into English, or habitually refuse to make them available for viewing, the Office of Fair Trading and Trading Standards have the power to seek an injunction requiring them to comply.
Duration of free guarantees

It is up to the company offering freeguarantees to decide on their duration.
Many products come with a free one-year guarantee; some have two or three yearswhile others have none. This is entirely legal.

Retailers and their Returns" Policies

Some retailers offer "returns" policies (also known as "satisfaction" guarantees) such as promising the full money back for undamaged goods, for up to a set number of weeks, for whatever reason. These are useful additional rights to those the buyer has under the law. The terms and conditions would spell out exactly how these were to work.

http://www.berr.gov.uk/files/file25486.pdf