legal action against retailer?

Soldato
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Wetherspoons
Morning,

After some advice please.

Hopefully it doesn't get this far and I get a positive resolution, but the way its heading I am not so confident.

I bought a rifle on the 24th April, from a local shop. Brand new item. Since day one I had problems with it malfunctioning. I did try various different ammo types etc to see if it would make a difference, but decided enough was enough on the 6th October (so just within 6 months) I took the rifle back to the shop. I was told the outcome would either be, a refund, replacement or repair.

Since then (now over 3 months ago) I have called 5 seperate times, and visited in person on Saturday just gone.

Each time I am told there is a delay hearing back from "them" (I assume their supplier) - one of the phone calls I got a half message about how they believe the rifle had been dry fired* - and that this is the cause of the issue, and the shop are awaiting photographic evidence of this.

I appreciate you may not be up to speed on firearms but on a .22 rimfire, the pin in the bolt strikes the soft brass "rim" of the round. If there is no round in the chamber, the pin hits the back of the breach of the gun which is hard metal and can cause damange. Admittedley the rifle has been dry fired once or twice, but as a result of the maulfaction itself. The malfuction is caused becuase the magazines do not fit well into the magazine well, which causes the bolt to carry the rounds forward at various angles, miss feed and maulfaction.

The rifle comes with 2, 10 round magazines, both of which behave the same, when 5 rounds are fed into the magazine, the rifle will fire (usually) 5 rounds without fail, when 10 rounds are put in, the added strain on the spring and pressure causes the magazine to not fir property, and almost always malfuctions on the first few round.

Anyway, short story is the dry fire excuse, if that is the road they try and go down, is completel rubbish and has nothing to do with the issue and is an attempt to not honour the warranty. This is backed up further by the fact when only 5 rounds are put in the rifle works almost flawlessly.

I have also submitted an email to the shop using their website message system on Saturday, but have yet heard back.

So.....I am contemplating take this further and potentially going down the legal route.

Have anyone had any experience with this type of thing, pointers or advice?
 
Caporegime
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I bought a rifle on the 24th April
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Soldato
OP
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Read here: https://www.moneysavingexpert.com/reclaim/small-claims-court/

I had to go this route years ago to get a refund from a shop who supplied a broken gas fire and tried every stalling tactic they could to avoid fixing it. They eventually cracked and repaid me two days before it would have gone to the court.

Ok thanks, so looks like it might worst case cost a few hundred quid even if I loose.

The value of the rifle is £460 and would only be trying to claim for the value of that, nothing more.

I think the next step is to try and agree some kind of deadline and then next put the intention for legal action in writing to them.
 
Soldato
Joined
30 Sep 2005
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16,565
Did you pay on a credit card by any chance?

If you go through the small claims court, just be mindful of the fact the courts are running 6-12 months behind schedule. I'm currently dealing with the solicitors, police and courts at the minute and have been for nearly a year now. Can't say anything more at this stage, but my god will it make for a hell of a forum post when it's finished.
 
Commissario
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In the radio shack
Out of interest, what make and model is it? It sounds like a 10/22 from your description of the magazines.

A few dry fires shouldn't cause what you've described.
 
Soldato
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extremes.spacious.indelible
Ok thanks, so looks like it might worst case cost a few hundred quid even if I loose.

The value of the rifle is £460 and would only be trying to claim for the value of that, nothing more.

I think the next step is to try and agree some kind of deadline and then next put the intention for legal action in writing to them.

Bear in mind the hours needed to deal with the admin of small claims court.

You'll be spending a lot of evenings researching money saving expert forms for previous cases and writing statements.

Think about if the £460 is truly worth the hassle, this all depends on what £460 means to you, after you've taken the emotion out of it.
 
Soldato
OP
Joined
3 May 2012
Posts
8,751
Location
Wetherspoons
Did you pay on a credit card by any chance?

If you go through the small claims court, just be mindful of the fact the courts are running 6-12 months behind schedule. I'm currently dealing with the solicitors, police and courts at the minute and have been for nearly a year now. Can't say anything more at this stage, but my god will it make for a hell of a forum post when it's finished.

Yup buy most things on credit card, frustraitingly would have been my amazon credit card I have now closed the account.
 
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