Faulty Item - what can i do?

DAIR · 31 Dec 2015 at 10:07

Purchased an item a little over three years ago, from a UK based online store.

Recently the item just stopped working. There is absolutely no sign of any visible damage. So it must have something to do with the internals. I contacted the retailer and their response was basically "sorry. You purchased this item more than 6 months ago. We cannot help".

I've since found out about the Sale of Goods Act. Which (if I've understood this correctly) retailers are still required to look into such cases. Apparently the Sale of Goods Acts covers items for up to six years.

Now I'm just about to respond to the retailer's last update with the following. Let me know what you think

Thank you for getting back to me.

Despite this being outside of your 6 month liability period. It is still within the 6 year warranty right, as stated within the Sale of Goods Act 1979. So as this is the case I have the right to request a refund, replacement or to have the item repaired. Now I would like it of you could either replace or repair the item.

If neither of these can be done then I shall arrange to have the item repaired and then report you to Trading Standards. As you would be breaching my statutory rights.

I look forward to hearing from you.

Thanks

PooKer · 31 Dec 2015 at 10:10

Whats the item?

DAIR · 31 Dec 2015 at 10:11

My beloved T500RS

Destination · 31 Dec 2015 at 10:13

What is the item?
I didn't think the then 1979 act allowed you a repair for 6 years.
New act in place now, doesn't apply to your purchase, as it was purchased prior to the act coming in.

DAIR · 31 Dec 2015 at 10:14

The 1979 act does.

Kol · 31 Dec 2015 at 10:14

Personally I'd keep the email a little lighter. Take out the reporting to trading standards and breaching your rights. You've already told them about your rights in the first paragraph. If they don't budge then move to that in a follow up email.

shorttricky · 31 Dec 2015 at 10:14

SOGA (or the Consumer Rights Act 2015 which replaced it) isn't as all-encompassing a guarantee as it sounds - after this long, you would have to prove the item was faulty in some way that made it more likely to break, when it was sold to you.

6 years is how long you have to claim, not how long it has to last.

This might help - http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

Destination · 31 Dec 2015 at 10:15

Its a wheel, a joystick type racing wheel, then it'll be wear and tear from three years of usage.
No way they would be liable, unless you can accurately demonstrate a design flaw or fault at the point of manufacture, given that it lasted three years, you could never demonstrate this.
No chance of you getting anything but goodwill. If you send them that final email, I would think that'll throw goodwill out the window and indeed annoy trading standards for frivolous complaints.

DAIR · 31 Dec 2015 at 10:17

So 3 year is an acceptable lifespan?

Destination · 31 Dec 2015 at 10:18

DAIR said:
The 1979 act does.

Quote what you have actually read, in relations to wear and tear and normal usage, and see how that would apply to a gaming controller.

DAIR · 31 Dec 2015 at 10:18

shorttricky said:
SOGA (or the Consumer Rights Act 2015 which replaced it) isn't as all-encompassing a guarantee as it sounds - after this long, you would have to prove the item was faulty in some way that made it more likely to break, when it was sold to you.

6 years is how long you have to claim, not how long it has to last.

This might help - http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

Noted. Thanks

Will also be a little more relaxed in the next email.

Destination · 31 Dec 2015 at 10:20

DAIR said:
So 3 year is an acceptable lifespan?

In so far as what is reasonable, that would be down to the judge, or arbitration.
Have you tried contacting the manufacturer, rather than the retailer?
Logitech were renowned for their customer service, I am unsure in relation to thrustmaster.

DAIR · 31 Dec 2015 at 10:24

Removed the threatening stuff.

Will await their response. In other news I have been in contact with TM. Those donuts have me running in circles. Wanting me to give them money for solutions that may not even work. I don't know why they just don't ask me to ship the thing over to them...

OCUK sell these right. You think they would have the skills to review and repair it? At a cost of course.

img · 31 Dec 2015 at 10:25

After 6 months its on you. I wouldn't expect to get anything from the retailer.

DAIR · 31 Dec 2015 at 10:26

Hikari Kisugi said:
In so far as what is reasonable, that would be down to the judge, or arbitration.
Have you tried contacting the manufacturer, rather than the retailer?
Logitech were renowned for their customer service, I am unsure in relation to thrustmaster.

TM have been good and that they respond within reasonable time frames. However, they're very much trial and error. Which is okay for a short while. But could easily become very expensive.

DAIR · 31 Dec 2015 at 10:27

img said:
After 6 months its on you. I wouldn't expect to get anything from the retailer.

That's what I thought. Then I came across this act.

So it looks as though they will at least be required to review the case. Rather then Palm me off.

cyclops12 · 31 Dec 2015 at 10:29

Consumer Rights Act 2015

Six months or more

After the first six months the burden is on you to prove that the product was faulty at the time of delivery.

In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range.

You have six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland and five years in Scotland.

This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.

DAIR · 31 Dec 2015 at 10:32

I have 6 years to make a claim.... I am making a claim with that 6 year period. Am I not?

Not trying to sound rude. Lol it's a serious question

Avenged7Fold · 31 Dec 2015 at 10:35

Personally would put this down to wear and tear. Saying it must be a fault internally because it worked fine for years and there are no exterior marks does not suggest low quality or faulty internals.

Is 3 years reasonable lifespan? Well, it depends on its usage. I personally think it is unreasonable to hold the retailer responsible in a case like this. If they give you something out of a gesture of goodwill, then fair enough but dont go in accusing them of this or saying its your right to have that. All too often companies have to deal with customers who feel they are entitled to anything they can get their hands on and taking this approach will work against you.

cyclops12 · 31 Dec 2015 at 10:35

DAIR said:
I have 6 years to make a claim.... I am making a claim with that 6 year period. Am I not?

Not trying to sound rude. Lol it's a serious question

Yes you have 6 years, however after 6 months you will have to prove that the fault was present when you bought the item.