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Consumer Right Act


Jaymo
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Little bit of advice please from those in the know.

 

13 months ago I purchased a particular brand of firearm from a certain company.

Each time it has failed to correctly cycle and I have sought advice from the supplying company and in return received three separate parts to 'try as apparently these were known failure parts.

 

Fast forward to last weekend when I had the opportunity to take said firearm out for a jolly, of course, once again the same old problems.

Contacted the supplying dealer this evening to be met with a fairly curt reply of we no longer supply and support this brand and I have forwarded your email on to the new dealer, who might be able to assist

 

Not exactly the support I was hoping for.

Know its been a while since the original purchase, but not being able to be here for this particular discipline hasnt helped, nor has waiting for the three different parts to arrive and then be tried.

Have taken a quick look at the Consumer Right Act 2015 and as I can prove the separate repair attempts, other customers problems with the same model, then do I have any legal footing and how do I proceed.

 

Dont wish at this stage to mention any brands/dealers, but at over a grand its not peanuts to bin.

 

Thank you in advance.

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Thanks Tetlee

 

Funny how my original email was answered promptly but when I posed the Consumer Rights one they still haven’t replied ( yes I know it’s a Sunday evening but they replied to the earlier one).

More I read online the more I’m convinced this model is a ‘dud’ and should have some recourse

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Had an issue with a Brand new Hatsan Escort 2014.Kept firing when the bolt was released.Went back for repair,got it back 2 weeks lster.After a dozen or so carts it happened again.

Took it back to the shop Bagnall and Kirkwood stating it was not fit for purpose under the sales of goods act & that the gun was in a dangerous state.Got my money back but it had to be cleared by Edgar Bros for some reason.I think the shop were not wanting to refund unless Edgar Bros credited them.However like I pointed out to the sales guy "that's not my problem"

Edited by Davyo
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Reply from the dealer just now was essentially

“I’m packing it in and pass it onto ,x,”, I’m guess ,x, is a business partner as the persons email address has the same company name?

 

I officially put it that I was going to go down the Consumer Rights Act 2015 as I felt that having already had attempts to solve the problem it would just be a waste letting someone have ‘a play’ at fixing it when I have lost all confidence.

 

Sincerely hope it doesn’t get messy, but why should a purchase of a firearm be any different than say, buying a new car “oops Sir, sorry it won’t change gear! A lot of them do that but we think we might be able to solve it”

 

Guess I have my grumpy head on this week......

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All paid for by Bank transfer.

 

Have been ‘handed over’ and told that they will fix it as they have done so for others!! Others? Now that really made me feel better about the gun.

So I’m afraid to say that a letter of intent under the Consumer Act has been dispatched- I probably wouldn’t even accept a like for like as I don’t think even the latest generation are up to scratch from the reading I have been doing.....

 

Baited breath awaits the next seven days.

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Thanks Walshie

 

We will see, took a bit of sleepless night research to deduce that the max limit of claims under the act or to bring about a claim is six years.

I’m literally just a couple of weeks over a year and have only been able to use the gun four times ( it’s not the sort to be able to blast around at the local clay club).

 

But we will see on the outcome, if anything it will be nice to see how their Customer commitment really is?

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Any expensive purchase should be done by credit card , not debit card . Paying by credit gives you a lot more protection . I have in the past had two disagreements with retailers that were trying to give me the run around . A phone call to barclaycard on both occasions solved the problem in my favour overnight .

 

 

 

Harnser

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If the gun is dangerous as you say, contact the supplier and inform them that you will intend to make a claim including court fees through the County Court and also intend to pass full details to Trading Standards and the HSE.

Edited by fern01
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Update

Yes, I do wish it had been purchased using a Credit Card.

 

Is it purely an ammunition problem? Well, I have tried long brass-short brass and loads from 28 to 36 and still the same problems. If every time you used your gun and it jammed I think you would be a little peeved too

 

Three parts which I was inform by the supplier as being dodgy have been replaced already

 

I even checked out the manufacturers FB site and on there are dis-satisfied customers who are also having reliability issues.

 

Its quite possible that the retailer is on here and will by reading this put two and two together- but as I said to them, its not a Whitch hunt- just wish to be able to utilise it for its designed purpose.

 

So far I have been offered/have had, the gun collected in order to rectify or in extreme circumstances-replace.

Problem is, even the latest models are receiving the same bad press.

Was rather curtly told - dont threaten me with the Consumer Rights Act and I will repair/replace, but your not ever going to have a refund.

My reply as it has always been, its in writing to give me the correct legal footing and is in no way a personal attack.

 

Now l await its repair ( was mentioned that have had to replace others guns too, so its not isolated is it).

Will try it and if not correct I shall once again send the letter, updated to say they have it for repair and it is not fit for purpose.

 

Will update as and when things happen

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If they have admitted they have "done so for others" they have shot themselves in the foot by acknowledging there is an Inherent fault with the item and they are fully aware of it, that is all the ammo you need from the retailer in writing (i guess it was an email) that the goods are not of reasonable quality and are not as described, I would put that in an email and demand a full immediate refund from.the retailer under the act (sales of goods act doesn't apply anymore as I'm sure you are aware), sounds like an open and shut case now you have that

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Your beef is with the supplier as already said - you entered into a contract whereby they undertook to supply you goods for a particular purpose - the fact that the goods have constantly failed is grounds for a complete refund. If they refuse to refund you, and after such a time you are liable to prove a manufacturers fault, then let them know that you will get a reputable gunsmith to complete a report on the guns failing and that an additional charge for this will be involved - the supplier of this gun will also be liable for this cost when you take them to court. Write to them, recorded delivery, and give them 7 days to respond - if nothing happens then contact your local court.

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Bruno

The letter was sent recorded delivery, but with the interim contact I agreed to let their ‘smith’ take a look.

It’s not that I don’t like the gun, just don’t like not being able to get a single ‘course of fire’ completed without looking like a muppet.

 

Tightchoke, they took the gun on Wednesday and promised me contact in a couple of days.

If I don’t hear anything by Monday then sure, name and make/model will be forthcoming......

 

Has been said about using ‘hotter loads’ , why should I when the supplier placed a video on YouTube stating it would cycle on ‘power reds’ which are 27grm 7.5’s and ive tried everything up to 32’s.

The dealer on the phone said I should only be using 36’s—- hmmm, strange conflicting advice and a bit limiting, yet alone pricey.

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