legal action against retailer?

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I love this. Sorry can't help OP. Best gif I've seen in ages
 
Good afternoon,

Thank you for your email.

The issue is caused by the magazine not fitting well into the magazine well/rifle. When 5 rounds are placed into the magazine the rifle fires fine.

When 10 rounds are placed into the magazine, the added strain causes to the magazine to not seat well into the rifle. When the rounds are carried forward by the return of the bolt, due to the magazine flexing, they are not always carried straight, which is what is causing the malfunction.

The rifle will fire fine with only 5 rounds placed into the magazine. When you place 10 into the magazine and hold the magazine in place with one hand, it will also fire fine. This would indicate the issue is not due to that as described in the below.

Further to that, any dry firing that has occured is a result of the malfunction, as described above. You cannot blame the end user for secondary damage caused as a result of a malfunction. You should not have to hold the magazine in by hand whilst firing, nor have to inspect the chamber to ensure there is a new round in each time, the product is simply not fit for purpose.

I have waited over 3 months for this reply, as the vendor of the product my legal contract is with you, the rifle was purchased as new, and was returned within 6 months.

Can you please confirm how you are going to resolve this?

Regards








From: THE SHOP
Sent: 12 January 2023 13:25
To: ME
Subject:Fwd: Chiappa

hi
just had this email resent to us as it had been marked as junk

****


-------- Forwarded Message --------
Subject:​
RE: Chiappa
Date:​
Wed, 19 Oct 2022 16:02:01 +0000
From:​
THE SUPPLIER
To:​
THE SHOP

Hi ****
The below rifle arrived back with us this morning and has been inspected by our gunsmith.
He has found the issue that causes all the below issues.
The user has been dry firing the rifle which deformed the barrel at the edge of the chamber,
This burring in turn creates difficulties for the round to feed, be seated correctly and ejecting.
The customer would need to get a gunsmith to repair the chamber.
Unfortunately, this is not a warranty issue.
I've attached some photos for you of where the damage is located.
 
You're giving them more slack to lead you on, I would remove:

"Can you please confirm how you are going to resolve this?"

And replace with something more explicitly telling them what you want (a working rifle or full refund), rather than allowing them to tell you what they want (to fob you off and keep your money), e.g.

"on the basis of this fault and your failure to either repair the rifle or provide a working replacement within a reasonable timescale, I wish to exercise my rights under the consumer rights act 2015 to return the item for a full refund"
 
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10/22 would have to be the MOST reliable .22 semi action in the world ( with the factory 10 round mag )
I know, that’s why I would have been surprised if it had been a 10/22. I loved mine, set up for mini rifle. The trigger mechanism and feed had been nicely fettled by Joe at the Gunshop, had a tiny little short barrel and a red dot sight. Very pointable, loads of fun. It never jammed once.

What’s the latest @BUDFORCE ?
 
"on the basis of this fault and your failure to either repair the rifle or provide a working replacement within a reasonable timescale, I wish to exercise my rights under the consumer rights act 2015 to return the item for a full refund"
They’re not gonna do that since the manufacturer is saying it’s caused by the user.

I certainly wouldn’t be buying from that manufacturer again.
 
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They replied already:

Hi xxxxxxxx, thank you for your email concerning the problems with your rifle, as you know we sent the rifle back to the importers, their repair specialists have stated that the damage is caused by dry firing the rifle, they have not mentioned in the report any problems concerning the magazine, I will forward your comments on to the importers and ask him to take another look at the rifle which I believe is still in their possession, I apologise for the delay that you have encountered previously with this problem, I am told this is due to the fact that the importers were shut down early for Christmas and have had a large backlog to deal with. I will ask them to have another look at the rifle in view of your comments and report back as soon as possible as a matter of urgency, if the importer is still saying that the problem is down to the rifle being misused then we really do not have any choice other than to except their decision, in this case the only thing that I can suggest is that you take the matter to court, if you do this we will pass the matter on to the importers and co-opt them into any court proceedings, if the court then decide in your favour any compensation ordered will be passed on by us to the importers as it is their decision not to deal with this matter under warranty, unfortunately our hands are tied. Hopefully it will not come to this and we can get the situation resolved. We will get back to you as soon as we hear back from the importers. Kind regards.
 
I know, that’s why I would have been surprised if it had been a 10/22. I loved mine, set up for mini rifle. The trigger mechanism and feed had been nicely fettled by Joe at the Gunshop, had a tiny little short barrel and a red dot sight. Very pointable, loads of fun. It never jammed once.

What’s the latest @BUDFORCE ?
Sorry ok. yes even on subs they cycle. Not like my Marlin :(
 
I’m sure the cost of getting a counter expert opinion and taking legal action is probably more than the firearm is worth.

Also, retailer doesn’t know the difference between “accept” and “except”. Get in the bin.
 
They replied already:

Hi xxxxxxxx, thank you for your email concerning the problems with your rifle, as you know we sent the rifle back to the importers, their repair specialists have stated that the damage is caused by dry firing the rifle, they have not mentioned in the report any problems concerning the magazine, I will forward your comments on to the importers and ask him to take another look at the rifle which I believe is still in their possession, I apologise for the delay that you have encountered previously with this problem, I am told this is due to the fact that the importers were shut down early for Christmas and have had a large backlog to deal with. I will ask them to have another look at the rifle in view of your comments and report back as soon as possible as a matter of urgency, if the importer is still saying that the problem is down to the rifle being misused then we really do not have any choice other than to except their decision, in this case the only thing that I can suggest is that you take the matter to court, if you do this we will pass the matter on to the importers and co-opt them into any court proceedings, if the court then decide in your favour any compensation ordered will be passed on by us to the importers as it is their decision not to deal with this matter under warranty, unfortunately our hands are tied. Hopefully it will not come to this and we can get the situation resolved. We will get back to you as soon as we hear back from the importers. Kind regards.
surely the 'importer' is sod all of your concern. you bought it from them, not their importer. i'd tell them to jog on (politely) and that your contract of sale is with them. whatever they want to do with the importer is up to them. small claims court will issue the judgement against the retailer, not who the retailer sourced it from.
 
I'd call their bluff. Send them the LBA and see what they respond with. You can then make the decision on whether to pursue it though small claims.
 
"I apologise for the delay that you have encountered previously with this problem, I am told this is due to the fact that the importers were shut down early for Christmas"

Early? They've had it since October...

They’re not gonna do that since the manufacturer is saying it’s caused by the user.

I certainly wouldn’t be buying from that manufacturer again.

This seems like a car dealer refusing to refund you for a car they sold you with faulty brakes, because of damaged caused by you crashing it due to the faulty brakes!

If it feeds fine with only 5 bullets, or while holding the magazine in place, then surely this is a strong indication that it's an issue with the magazine alignment?

Since the OP paid by credit card, if I were in their position I'd be starting a S75 claim ASAP.
 
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Lord of the Rings.

Had to "endure" the first one at the cinema, and seen enough of the sequals to know its the same. Mainly the characters, D....Bilbo is such a big woke wet fanny, and his Irish mate clearly wants to bum him. I'm not into the whole fantasy thing. They spend the whole film moaning. Too heavy focus on GCI, rubbish "stage" acting from most of the cast.

I dunno if you guys get this, but I'm not really into most/almost all horror movies I find them pretty ridiculous so basically just want to the bad guy to win, I felt the same about this.
I weirdly can't imagine anyone on this forum less suited to owning a firearm.
 
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