Help/Advice please

[Guest rabgoat]

I bought a dvd camcorder 8 weeks ago,it's gone faulty,brought it back last night to curry's and all they will do is send it off to be checked out for faults,could i not have the item replaced because of the short time i have it,

[BSA Shaun]

I would have thought you were entitled to a replacement.

 

Tell them you are not interested in having it sent away, you bought it because you need it now not in however many weeks it will take to be fixed.

 

Demand a full refund and tell them you will go down the road to comet / dixons / pcworld whatever to buy your camera.

 

They will soon give you a new one

[Guest rabgoat]

I tried all that shaun,I lost some footage of the children at crimbo,the eldest girls 16th,,I shot a fox the other night,got it on video,it was gettin dark,guality wasn't good but it was ballsed up too,lost the best bit at the end when i fired the shot. angry is an under statement .......................... Just of the phone there too trading standards,they say curry's are with in there rites to have it repaired...Argos from now on for me they replace items no baw..

[BSA Shaun]

Can you not go directly to the manufacturer and explain the situation, it should have a manufacturers guarantee.

 

They may replace it ?

[ferretman]

u should get a replasment mate make sure you get 1 to ant you got warrenty on it if so tell them you ewant a replasment or you money back n make sure you get it make as thay will want to pull wool ova ya eyes mate best regards

[Guest rabgoat]

shaun i did phone the manufacture,they said they can do nothing it's up to curry's ,,,,,, ferretman,,tried it all argued with them last night no turning them,,what's peeved me off is iv'e all the packaging the very plastic bag i got it in,you can see it's genuine hasn't been abused,,

[LEFTY478]

You should asked for an immediate replacement, or handed the retailer a letter stating that you 'formally reject' the item as it is not fit for purpose. Did you buy it by credit card? If you did then phone your card company and tell them the item is faulty, as they bare some liability for the goods, too.

 

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002. >>Clicky<<

 

********************************************************************************

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Key Facts:• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

 

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

 

 

 

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

 

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

 

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

 

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

 

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

 

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

 

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

 

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

 

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

[Guest rabgoat]

lefty478 i paid cash,,i was on to trading standards and they say they are legal in offering to repair the item,,

[ferretman]

thay take the p/%S mate

[LEFTY478]

The item didn't work, so it was unsatisfactory: You're entittled to to a full refund, if this is within a reasonable

time of the sale ("reasonable time" is not defined in law but is often quite short -Therefore you may be outside of this time scale);

Or, Alternatively, consumers (see definition in the "Introduction") can choose to request instead: a repair or replacement.

The retailer can decline either of these if he can show that they are disproportionately costly in comparison with the alternative.

However, any remedy must also be completed without significant inconvenience to the consumer. Are you not 'inconvenienced by being deprived of the use of the item you have paid for? - They are playing on your lack of knowledge with regards your Statutory Rights, get back onto them and make a fuss.

This is taken from The DTI's

'A TRADER'S GUIDE: The Law Relating to the Supply of Goods and Services'

Summary of rights

and remedies

Buyers are entitled to goods of satisfactory

quality, taking account of any description,

the price and other relevant circumstances.

If an item has a fault that is present at the

time of sale (sometimes referred to in this

guidance as a "latent" or "inherent" fault),

the consumer can complain once it is

discovered.

But buyers cannot expect a legal remedy

in respect of:

P fair wear and tear;

P misuse or accidental damage; or

P if they decide they no longer want

the item.

Similarly, buyers cannot expect a legal

remedy where goods have faults that they

knew about before the sale or that should

have been evident on reasonable

inspection.

Remedies

If a product that was faulty at the time of

sale is returned to the retailer, the buyer

is legally entitled to:

P a full refund, if this is within a reasonable

time of the sale ("reasonable time" is not

defined in law but is often quite short); or

P a reasonable amount of compensation

(or "damages") for up to six years from

the date of sale (five years after discovery

of the problem in Scotland).

This does not mean all goods have to last

six years! It is the limit for making a claim in

respect of a fault that was present at the

time of sale. It is not equivalent to a

guarantee.

Additional rights for consumers

Alternatively, consumers (see definition in

the "Introduction") can choose to request

instead: a repair or replacement.

The retailer can decline either of these if he

can show that they are disproportionately

costly in comparison with the alternative.

However, any remedy must also be

completed without significant

inconvenience to the consumer. If neither

repair nor replacement is realistically

possible, consumers can request instead:

a partial or full refund, depending on

what is reasonable in the circumstances.

It may be the case that a full refund is not

the reasonable option because the

consumer will have enjoyed some benefit

from the goods before the problem

appeared. This needs to be taken into

account before a reasonable partial refund

can be assessed.

As illustrated in the flow chart on page 6,

consumers can switch between certain

remedies if they find they are getting

nowhere down the route originally selected.

However, they would have to give a retailer

a reasonable time to honour a request

before they tried to switch, and they could

never pursue two remedies at the same time.

 

[Guest rabgoat]

just of the phone to my local curry's,explained the craic to the manager and he's going to replace it for me ,he's offering a hard drive one £60 quid extra but said he'll go halfers with me £30..

[LEFTY478]

A bit of 'fuss' often goes a long way. Due to the losted film and traveling back forth etc... you should have got the upgrade gratis.

[Guest rabgoat]

I reckon i am getting a better camcorder,and if they wanted too they could have stuck to there guns,and i'd be sitting for god knows how long,,,,,,,,,,,cheers lads........rab