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

DAIR · 31 Dec 2015 at 10:11

My beloved T500RS

DAIR · 31 Dec 2015 at 10:14

The 1979 act does.

DAIR · 31 Dec 2015 at 10:17

So 3 year is an acceptable lifespan?

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.

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.

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.

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

DAIR · 31 Dec 2015 at 10:47

Right so TM want 60 euros for a PCB. Something that I would need to install myself lol.

As for proving when the fault took place... I guess it swings both way and it would end up being my word against theirs. It seems that's black and white at the moment.

DAIR · 31 Dec 2015 at 10:53

nightmare99 said:
At least they are trying to provide a solution rather than saying tough luck, seems reasonable to me.

No I agree. Just annoyed I'd have to dismantle the thing and do it myself. Oh well I guess...

DAIR · 31 Dec 2015 at 10:56

Hikari Kisugi said:
What?
Now you are making very strange statements, it has been 3 years post purchase, so clearly it is three years post purchase, rather than your word against theirs...
Are you suggesting you would lie over when things stopped working?

I'm saying whatever you saw in my previous post. Nothing more. Nothing less.

Now TM have suggested that the circuit board may have died.

Would it be unreasonable to suggest that the killer was around from the day I purchased the wheel?

DAIR · 31 Dec 2015 at 11:01

neil_g said:
id say its unlikely for an underlying fault to take 3 years to show itself.

personally i think 3 years is reasonable for a game controller which lets face it is going to have some serious wear and tear.

My PS3 controllers still work to this day and look as good as new. I guess it all depends on useage. I would just expect thing like these to be a little more robust.

DAIR · 31 Dec 2015 at 11:05

Avenged7Fold said:
Yes.

What exactly makes you think that?

Or what specifically could have been wrong with it from day one?

I don't know. Dodgy soldering!

DAIR · 31 Dec 2015 at 11:14

Avenged7Fold said:
Who would you expect to do it?

Maybe you can ask them to change you more for them to repair or install?

Though if they suggested this option, i doubt they will off the service

If the soldering was bad, you would have a fault ages ago. If the solder was that crap stuff that comes away quite easily, its wear and tear (considering it was good for three years).

It seems you are adamant that the fault is with them and you deserve some form of compensation or something from them, but you have no idea about the fault. If i were in your shoes, i would look at it as if i had broken the item myself and would be either looking to repair or replace it myself, at the cost of my own time and/or money.

That's just it. No one knows what the fault is (okay so TM have a good idea) but the retailer doesn't. All I'm asking is that they at least review the case and not cut me off.

DAIR · 31 Dec 2015 at 11:16

Caged said:
You could always pay somebody else to repair it. Offering to supply you a replacement PCB is actually very good service. I'm unsure as to what you think you're entitled to.

You make it sound as if I'm being ungrateful. I'm totally fine with them offering a replacement. I just didn't want to fit it myself and potentially make things worse.

DAIR · 31 Dec 2015 at 11:18

Were not talking about a second hand item purchased from some one man band setup though. Had I purchased it from EBAY this thread wouldn't exist.

DAIR · 31 Dec 2015 at 11:23

If I can get it reviewed and repaired without spending another penny then happy days. But I need to know whether or not they will do that. Before opening up the base.

If the retailer tells me to sling my hook then I'll take the PCB from TM and have it installed.

DAIR · 31 Dec 2015 at 11:25

lude1962 said:
Really OP you've had it for 3 years, its broken, realistically whats for them to review?

The build quality.

I spent over 300 on this. Had it been 50 I would've let it slide, said "oh well" and purchased another or something better.

DAIR · 31 Dec 2015 at 11:33

More fool me for expecting it to be more robust then....

Anyway the email has been sent... Any bets on what the response will be?