Faulty Item - what can i do?

Kenai · 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

You have 6 years to make a claim regarding an item you claim to be faulty at point of sale. Within 6 months of sale they have to prove it wasn't, after 6 months you have to prove it was.

That's not the same as something breaking from wear and tear, misuse, accident etc. within 6 years of purchase. SOGA is not a 6 year warranty in disguise.

If you want to pursue SOGA then you'll need to assert at some point how or why you believe the item was faulty at point of sale. Having used it extensively for 3 years without issue, this could be hard to convince them or a judge/barrister of.

Avenged7Fold · 31 Dec 2015 at 10:38

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

Many of the responses defining that the claim period is 6 years and not that a good needs to be functional for 6 years after sale are likely because of the statement in your OP:

DAIR said:
Sale of Goods Acts covers items for up to six years.

5punk3monk3y · 31 Dec 2015 at 10:39

6years doesn't give you a right to have an item repaired or replaced it all depends on the value of the item.

The consumer rights act only applies to items purchased after the end of September 2015 (going from memory)

Avenged7Fold · 31 Dec 2015 at 10:40

5punk3monk3y said:
The consumer rights act only applies to items purchased after the end of September 2015 (going from memory)

This is also correct. If the item was purchased prior to the implementation of the act, it does not apply

cyclops12 · 31 Dec 2015 at 10:41

Even the old sale of goods act 1979 states.

Proving your claim for faulty goods

If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear.

If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.

For example, by showing that the problem was caused by an external factor such as accidental damage.

Destination · 31 Dec 2015 at 10:47

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 the burden of proof upon you, have you an expert report to demonstrate fault within the machine that shouldn't have been there at the point of manufacture and that the 'fault' isn't wear and tear?

Once you have this, then you can be as snappy as you like, you need an expert report.

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.

Destination · 31 Dec 2015 at 10:49

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?

nightmare99 · 31 Dec 2015 at 10:51

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

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

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?

neil_g · 31 Dec 2015 at 10:58

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.

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.

ajf · 31 Dec 2015 at 11:04

Have you Googled similar issues at all?
Quick look suggests it may not be a one off - in which case you may have more luck in pushing it.

Avenged7Fold · 31 Dec 2015 at 11:04

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

Yes.

What exactly makes you think that?

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

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!

Avenged7Fold · 31 Dec 2015 at 11:06

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

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

DAIR said:
I don't know. Dodgy soldering!

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.

neil_g · 31 Dec 2015 at 11:08

DAIR said:
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.

PS3 controllers dont have resistance feedback etc.

at least if its a user serviceable part at least it should be relatively straight forward if you know how to strip down a PC/laptop.

Kenai · 31 Dec 2015 at 11:09

DAIR said:
I don't know. Dodgy soldering!

You would more than likely need an expert report to corroborate whatever you assert to have been wrong with it the day you bought it, as an inherent fault, that finally manifested itself three years later.

Personally, the amount of energy you're likely to expend chasing the SOGA route, I think you would be better off just replacing it or cracking it open and having a look at fixing it yourself.

Caged · 31 Dec 2015 at 11:14

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

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.