Sale of Goods Act question!

MOOGLEYS · 31 Jan 2012 at 16:56

Have a look here.

Soga Guide

This number is worth a call it is the Consumer Direct helpline.

08454 04 05 06

steve1873 · 31 Jan 2012 at 17:02

MOOGLEYS said:
Have a look here.

SOGA Guide

Appreciated. What they will say though is that since I have had the item for over 6 months then the partial refund is what I am entitled to. However, they never gave me the option. I got an email telling me I would be refunded, and that was that. I have corresponded with their customer service department via the "enote" (big hint as to retailer) section, but I am just being told the same thing over and over. We are sorry for any annoyance or inconvenience, but...

I can actually feel my blood pressure rising every time I think about this. :mad:

[TW]Fox · 31 Jan 2012 at 17:09

Why did you send it to them anyway, in an ideal world they'd have sent it away for you simply adding more time to the return process :confused:

No wonder they thought you wanted a refund, anyone who wants a replacement simply goes via the manufacturer?

steve1873 · 31 Jan 2012 at 17:22

[TW]Fox;21162187 said:
Why did you send it to them anyway, in an ideal world they'd have sent it away for you simply adding more time to the return process

No wonder they thought you wanted a refund, anyone who wants a replacement simply goes via the manufacturer?

Because my contract was with them and in the first 12 months of a warranty the retailer is the first point of contact.

mmj_uk · 31 Jan 2012 at 17:23

[TW]Fox;21162187 said:
No wonder they thought you wanted a refund, anyone who wants a replacement simply goes via the manufacturer?

Within the first year usually the retailer acts as the middle man, I've returned a few faulty motherboards to OCUK recently who have simply forwarded it on.

I'm 99% sure if it weren't for the massive hike in HDD prices these guys would have done exactly the same, instead they've seen an opportunity to make some profit.

In hindsight given the 200% price increase going direct to the manufacturer would have avoided this situation.

MOOGLEYS · 31 Jan 2012 at 17:26

steve1873 said:
Because my contract was with them and in the first 12 months of a warranty the retailer is the first point of contact.

You should be entitled to a repair or refund. My TV gave up at 11 months old and the retailer argued that I had 11 months use from it etc etc.

I called the helpline I posted above and within 48hrs I had a voucher for the full amount I paid for the Tv...

It's worth a go..

[TW]Fox · 31 Jan 2012 at 17:29

steve1873 said:
Because my contract was with them and in the first 12 months of a warranty the retailer is the first point of contact.

Sure but by insisting on your legal right, you are now in this situation being given exactly what you are legally entitled to.

There existed a simpler, quicker and more hassle free solution and I remain perplexed as to why you didnt choose it?

You had greater rights than you are entitled to by law and chose to ignore them because 'I am entitled to XYZ under SOGA'.

steve1873 · 31 Jan 2012 at 17:53

[TW]Fox;21162358 said:
Sure but by insisting on your legal right, you are now in this situation being given exactly what you are legally entitled to.

There existed a simpler, quicker and more hassle free solution and I remain perplexed as to why you didnt choose it?

You had greater rights than you are entitled to by law and chose to ignore them because 'I am entitled to XYZ under SOGA'.

No, I merely returned the item to the retailer expecting a repair or replacement under warranty. It was them that initially mentioned the SoGA in their initial email to me stating that the drive had been found to be faulty and that in line with SoGA they would be partially refunding me. I was given no choice in this, which I believe is actually how they should have gone about it going by what I have read on the Sale of Goods Act.

Yes, I could and should have gone straight to the manufacturer. That is quite apparent now in hindsight. But that does not excuse their profiteering at my expense, which is undoubtedly what they are doing.

Shadez · 31 Jan 2012 at 17:56

If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

Sounds to me that at the very least it should be a FULL refund.

The HD is faulty, This has resulted in loss of data, meaning that you have had no benefit from the drive at all. (ie you can currently store as much data as you did before buying the drive)

also

For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

If they really refuse to play ball then you can take them to court.

steve1873 · 31 Jan 2012 at 17:57

MOOGLEYS said:
You should be entitled to a repair or refund. My TV gave up at 11 months old and the retailer argued that I had 11 months use from it etc etc.

I called the helpline I posted above and within 48hrs I had a voucher for the full amount I paid for the Tv...

It's worth a go..

Again, that is much appreciated and I will give them a call. However, even if the retailer did give me a full refund it still would not be satisfactory given that I need to replace the drive and the cost of the drive is now more than 200% what I paid. The only satisfactory outcome for me is for the drive to repaired or replaced, either from the retailer (which is clearly not going to happen) or have the drive returned to me so that I can go directly to Samsung/ Seagate.

[TW]Fox · 31 Jan 2012 at 17:57

Shadez said:
The HD is faulty, This has resulted in loss of data, meaning that you have had no benefit from the drive at all.

This is completely untrue and not what it means by 'benefit'. He has had 6 months 'benefit' from the drive. The fact it doesnt work at all now is irrelevent and doesnt change this.

steve1873 · 31 Jan 2012 at 18:00

Shadez said:
Sounds to me that at the very least it should be a FULL refund.

The HD is faulty, This has resulted in loss of data, meaning that you have had no benefit from the drive at all. (ie you can currently store as much data as you did before buying the drive)

also

If they really refuse to play ball then you can take them to court.

I have used the section on their websites contacts to directly contact their managing director, so I would hope that I would at least get a response.

[TW]Fox · 31 Jan 2012 at 18:01

Bottom line.

You had 6 months use of a product for 10% of its purchase price. This is fair and reasonable and, from what i can see, compliant with the Sale of Goods Act. The only area of question now is whether they are right to refuse to return your drive.

steve1873 · 31 Jan 2012 at 18:10

[TW]Fox;21162646 said:
Bottom line.

You had 6 months use of a product for 10% of its purchase price. This is fair and reasonable and, from what i can see, compliant with the Sale of Goods Act. The only area of question now is whether they are right to refuse to return your drive.

It WOULD BE fair and reasonable if the cost of me actually replacing the drive (which is a necessity) was equal or at least comparable with the amount refunded. That is clearly not the case.

Basically to be in the same situation I was prior to the drive dying I am being told I will need to pay more than double my original purchase price. For an item under full manufactures warranty until midway through 2014 :confused:

Let me paint you a very similar scenario - hard drive prices haven't increased. The cost of the drive today is still £41.99. They refund me approximately £17. Would this still be fair and reasonable?

[TW]Fox · 31 Jan 2012 at 18:13

steve1873 said:
It WOULD BE fair and reasonable if the cost of me actually replacing the drive (which is a necessity) was equal or at least comparable with the amount refunded. That is clearly not the case.

Neither is it relevant, sadly.

Basically to be in the same situation I was prior to the drive dying I am being told I will need to pay more than double my original purchase price.

I don't think SOGA says they are legally obliged to return you to the position you were in before the drive failed?

For an item under full manufactures warranty until midway through 2014

A full manufacturers warranty you chose to completely ignore? You didn't want it before, now suddenly you make a big point about its presence?

Let me paint you a very similar scenario - hard drive prices haven't increased. The cost of the drive today is still £41.99. They refund me approximately £17. Would this still be fair and reasonable?

No, because the refund is proportional based on the purchase price, not the items current value! Refunding you less than 50% would be neither fair nor proportional. Refunding you 90% is both fair and proportional.

Had hard drive prices crashed through the floor and the drive was now just £5 I somehow doubt you'd be rejecting the £37!

quickshot89 · 31 Jan 2012 at 18:14

steve1873 said:
For an item under full manufactures warranty until midway through 2014

Then just send it to the manufacture? yes you bought it from a shop, but they dont have to give you a full refund, stop complaining and send it off properly

[TW]Fox · 31 Jan 2012 at 18:15

quickshot89 said:
Then just send it to the manufacture? yes you bought it from a shop, but they dont have to give you a full refund, stop complaining and send it off properly

He can't as they apparently wont return it. This is IMHO his only justifiable complaint, but instead he keeps going on and on and on about the refund.

steve1873 · 31 Jan 2012 at 18:21

[TW]Fox;21162762 said:
He can't as they apparently wont return it. This is IMHO his only justifiable complaint, but instead he keeps going on and on and on about the refund.

No I don't keep going on and on about the refund :confused:

[TW]Fox · 31 Jan 2012 at 18:23

steve1873 said:
No I don't keep going on and on about the refund

The last 30 posts have been us arguing about how you think the refund is neither fair nor proportional :confused:

MOOGLEYS · 31 Jan 2012 at 18:24

The drive can be replaced like for like the etailer has them in stock. It should be a simple case of just that. It's really bad customer service not to offer this as they will just have the faulty drive replaced by the manufacturer.
I don't think he is asking for a refund just a working replacement drive which is quite reasonable tbh unless I have missed something.