Sale of Goods Act Successes?

[Syph]

We've had countless posts about SoGA in this section, mainly related to returning a faulty Xbox 360. I'm about to post about a telly; although this is CG&H I thought VIRII was most likely to see it here (at this point I say 'mods, please feel free to move if appropriate.')

Anyway, the story.

My fiancee's mum bought a Toshiba 28" widescreen CRT from a competitor on November 28th, 2005. We've not got the receipt, but the debit card statement showing the date and cost of the TV, and also the shop as proof of purchase.

Yesterday, I came downstairs to see the TV with a dark blue and red tint, with rolling bars, almost as if the TV needed tuning. I checked all the cables from the NTL box, from the DVD player, the Wii and a video recorder. I tried both SCART ports and also the front input, turning off/on, with the same level of success - none. It also developed a loud, high-pitched buzz.

I rang shop today, who told me regardless of the SoGA, I would have to have had an extended warranty for a replacement - fair enough.

I then rang consumer direct, who told me to put the fault into writing, go to the store with the DTI fact sheet and speak to customer services. I've also got a reference to contact them again.

The store manager was friendly, but stated (as it does in the SoGA), that the onus is on me to prove it is faulty via an engineer - at which point the shop would reimburse me for payment of repairs and inital assessment.

I left it there, as it didn't get heated, but I'm not convinced that what he said is entirely correct - the TV is just less than 18 months old, and I think to see it running (which they haven't, as I didn't risk hauling a CRT down to be told to sod off) should be enough. Although it seems reasonable that an engineer's report should be required I suppose.

I'm going to ring CD again tomorrow to make sure this is all correct, then get it looked at.

Was this a procedure others had to follow when taking things back via the SoGA?

 

[TheMagicPirate]

I had a similar thing.

You have to prove that the faukt is an inherent manufacturing fault and not bcause you decided to kick it.

Get an engineer out to find the fault of the TV (sounds to me like one of your guns has gone) and make you you get a recipt and wrtten proof of the fault.

Then go back to the shop and say

'Hey, my 15 month old tv has got [fault] due to no fault of my own. This engineer [bob, from bobs engineering] has told me that this is due to [reason]. I think that this would qualify for a repair and/or replacemet under the SoGA 1979 (as amended) as 15 months is not satisfactory for a TV to last that cost £xx.

I would also like to claim back the cost of the engineer to diagnose the fault'

chances are the guy will fob you off again.

Ring consumer direct and get a case open, they will probably tell you to send a letter, and they will then direct you from there.

 

[L33]

I bought my x360 on launch day (dec 05) and have had 3 replacement units (on my 4th console) from the high-street shop where I bought it, most recent one was 2 weeks ago. Just take a printed copy of the SOGA with you, you may have to put your point across but you are entitled to a replacement!

 

[Syph]

I think once I've got the fault diagnosed it'll be plain sailing as he did say they would act as soon as they have proof it was not our fault. I was just concerned that he was fobbing me off by asking for an engineer's report - but then as I said in the OP, it's certainly not unreasonable in my eyes to ask for that.

Now, depending on fault I spose, should I push for replacement?

 

[GarethDW]

Yes, ask for a replacement... but don't necessarily expect to get it. They will probably offer a refund to take into account any depreciation, as it worked for 18 months. You never know, though, you might get lucky and get the replacement anyway - especially if the price of an equivalent model has decreased.

 

[Dolph]

I think once I've got the fault diagnosed it'll be plain sailing as he did say they would act as soon as they have proof it was not our fault. I was just concerned that he was fobbing me off by asking for an engineer's report - but then as I said in the OP, it's certainly not unreasonable in my eyes to ask for that.

Now, depending on fault I spose, should I push for replacement?

They are going with exactly what the SOGA says, so I wouldn't say they are trying to fob you off at all.

With regards to the repair/replacement argument, remember the law does not state that you have the right to demand one or the other. Repair/replacement is one of the three remedies offered under the SOGA.

Under EU law, there are additional remedies where the buyer is acting as a consumer in contracts for the sale or supply of goods (but not in contracts of hire and hire purchase). In these circumstances, the consumer may be able to demand any of the following:

A repair or replacement.

A price reduction to an appropriate amount taking the defect into account.

Rescission of the contract (i.e. return of the goods, part or full refund, and compensation, if appropriate).

If the consumer chooses one of these remedies, and if the defect is discovered within six months of delivery, it is automatically assumed that the fault was there at the time of delivery unless the trader can prove otherwise. If more than six months have passed, the consumer has to prove the defect was there at the time of delivery (even if it was not apparent at that time).

If the consumer chooses the option of a repair or replacement, the trader must do this within a reasonable time and without significant inconvenience to the consumer. The trader must also pay all the relevant costs, e.g. labour, postage, etc.

Where a consumer demands repair or replacement, but that remedy would be disproportionate, then the trader would be entitled to offer him/her one of the other remedies. For example, if a consumer demands a repair, but it would be cheaper to replace the item than to repair it, the trader could offer a replacement. The consumer can only require a price reduction or rescission where the cost of repair or replacement is disproportionate, or where repair/replacement are not provided within a reasonable time.

Many places do replace items because it's cheaper than getting them repaired, but that doesn't mean you have an absolute right to it, so be careful with your pushing.

 

[Syph]

They are going with exactly what the SOGA says, so I wouldn't say they are trying to fob you off at all.

With regards to the repair/replacement argument, remember the law does not state that you have the right to demand one or the other. Repair/replacement is one of the three remedies offered under the SOGA.



Many places do replace items because it's cheaper than getting them repaired, but that doesn't mean you have an absolute right to it, so be careful with your pushing.

I didn't believe that he was, I just wanted to ensure that everything he said was correct. Consumer Direct have also confirmed it this morning. I'm not a particularly pushy person, and I've already spoken to the manager as to what would be the most reasonable solution (which initially of course is repair). As I said, the manager was reasonable, knew his stuff, and there was no ill feeling, raised voices at all or argument - we just sorted out what we needed to do next.

The TV is still £250, and I can't imagine a repair would cost that much - a repair will be fine as long as it doesn't break within 6 months! (At which point of course I could request a replacement as a reasonable solution).

 

[Syph]

Quick Update:

Took the TV to a electrical repair place who specialise in TVs. Looking at it and will give an estimate for repair, which I can then take to shop and get the ball rolling. Gonna have to wait till Tuesday now though, with the bank holiday.