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Any legal eagles in the house?
http://www.x404.co.uk/forum/viewtopic.php?f=3&t=3284		 Page 1 of 2
Author:  ProfessorF [ Fri Oct 09, 2009 8:53 pm ]
Post subject:  Any legal eagles in the house?
Can I just confirm that a Deed of Gift is simply the transference of property without remuneration?
Author:  Spreadie [ Sat Oct 10, 2009 6:47 am ]
Post subject:  Re: Any legal eagles in the house?
Yup.

Quote:
A Deed of Gift is a transfer of one owner's property (or share
in a property) to another person where no payment is demanded in return.
Author:  ProfessorF [ Sat Oct 10, 2009 8:46 am ]
Post subject:  Re: Any legal eagles in the house?
Awesome. That's just changed someone's life. :D
(Not mine sadly!)
Author:  Helsing [ Sun Oct 11, 2009 4:12 pm ]
Post subject:  Re: Any legal eagles in the house?
Hijacking this thread as it's another law question. A Samsung monitor I bought from pc world just over a year ago has started to break down (through no missuse of my own I'll hasten to add). I have the receipt, but there's no warranty covering it anymore. Do I have a case with the Sale of Goods Act to take it to them and get a replacement/refund?
Author:  Fogmeister [ Sun Oct 11, 2009 4:20 pm ]
Post subject:  Re: Any legal eagles in the house?
Yes, although you'll have to argue your case with the shop staff as they won't believe you probably.
Author:  jonlumb [ Sun Oct 11, 2009 9:25 pm ]
Post subject:  Re: Any legal eagles in the house?
Your case has to come under the 'reasonable expected lifetime', which for a monitor is well over a year.
Author:  Spreadie [ Sun Oct 11, 2009 10:04 pm ]
Post subject:  Re: Any legal eagles in the house?
jonlumb wrote:
Your case has to come under the 'reasonable expected lifetime', which for a monitor is well over a year.

Yep, Martin Lewis was talking about this kind of thing just the other week on Radio 2.
Quote:
By law you have up to six years to make a complaint, but this doesn't mean goods must last six years, they must last what most people would consider to be a ‘reasonable' length of time. So if there is wear and tear that breaks the product then the likelihood is you have no claim. Yet if it was an unreasonable fault, you do.
Author:  finlay666 [ Sun Oct 11, 2009 11:29 pm ]
Post subject:  Re: Any legal eagles in the house?
Spreadie wrote:
jonlumb wrote:
Your case has to come under the 'reasonable expected lifetime', which for a monitor is well over a year.

Yep, Martin Lewis was talking about this kind of thing just the other week on Radio 2.
Quote:
By law you have up to six years to make a complaint, but this doesn't mean goods must last six years, they must last what most people would consider to be a ‘reasonable' length of time. So if there is wear and tear that breaks the product then the likelihood is you have no claim. Yet if it was an unreasonable fault, you do.


Backlight dimming isn't covered (bulb = expendable item) but pure fault yes

If they get narky state that EU law which the shop must ALSO comply with states 2 years not 1

The EU directive in question is 1999/44/EC. The full wording is contained here (open the word documtent and scroll to page 7) but the important bit is this: 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.'

As with UK law, a seller is not bound by the guarantee 'if the (fault) has its origin in materials supplied by the consumer'. But the EU rule does not require the buyer to show the fault is inherent in the product and not down to their actions.

The EU rule also says buyers need to report a problem within two months of discovering it if they want to be covered under the rule.
Author:  Nick [ Mon Oct 12, 2009 12:02 am ]
Post subject:  Re: Any legal eagles in the house?
All this consumer rights stuff is great, but when it comes to it I never seem to remember/find the relevant quotes to take with me as armament against the stores!!
Author:  finlay666 [ Mon Oct 12, 2009 12:33 am ]
Post subject:  Re: Any legal eagles in the house?
Nick wrote:
All this consumer rights stuff is great, but when it comes to it I never seem to remember/find the relevant quotes to take with me as armament against the stores!!


That is why i put it very large and underlined key points

write it down or make a consumer rights pack... go into a shop armed with one of those and they will hate you lol
Author:  Helsing [ Tue Oct 13, 2009 8:20 am ]
Post subject:  Re: Any legal eagles in the house?
Thanks chaps, that'll be bloody useful when going to pc world; the damn monitor nearly didn't work at all this morning.
Author:  tombolt [ Tue Oct 13, 2009 9:37 am ]
Post subject:  Re: Any legal eagles in the house?
Small point which is probably not relevant to this particular case, but none of this applies to business purchases.
Author:  Linux_User [ Tue Oct 13, 2009 12:47 pm ]
Post subject:  Re: Any legal eagles in the house?
Just for clarification, Finlay's link was actually implemented in the UK as The Sale and Supply of Goods to Consumers Regulations 2002.

This legislation does NOT require a 2-year guarantee on goods. The period for redress in the UK is currently up to 6 years. In this particular case you'll have to prove that the unit was inherently faulty and should have lasted longer (as it is more than 6 months after the date of purchase the onus is on you to prove an inherent fault). You may be offered a repair or partial refund.

This is all set to change with the Consumer Rights Directive (a maximum harmonisation Directive), which WILL introduce a 2-year guarantee period, but will also subsequently reduce the period for redress in the UK from 6 years to 2 years.
Author:  finlay666 [ Tue Oct 13, 2009 6:21 pm ]
Post subject:  Re: Any legal eagles in the house?
Linux_User wrote:
Just for clarification, Finlay's link was actually implemented in the UK as The Sale and Supply of Goods to Consumers Regulations 2002.

This legislation does NOT require a 2-year guarantee on goods. The period for redress in the UK is currently up to 6 years. In this particular case you'll have to prove that the unit was inherently faulty and should have lasted longer (as it is more than 6 months after the date of purchase the onus is on you to prove an inherent fault). You may be offered a repair or partial refund.

This is all set to change with the Consumer Rights Directive (a maximum harmonisation Directive), which WILL introduce a 2-year guarantee period, but will also subsequently reduce the period for redress in the UK from 6 years to 2 years.


The EU law doesnt require you to show it is an inherent fault.
Author:  Linux_User [ Tue Oct 13, 2009 8:44 pm ]
Post subject:  Re: Any legal eagles in the house?
finlay666 wrote:
Linux_User wrote:
Just for clarification, Finlay's link was actually implemented in the UK as The Sale and Supply of Goods to Consumers Regulations 2002.

This legislation does NOT require a 2-year guarantee on goods. The period for redress in the UK is currently up to 6 years. In this particular case you'll have to prove that the unit was inherently faulty and should have lasted longer (as it is more than 6 months after the date of purchase the onus is on you to prove an inherent fault). You may be offered a repair or partial refund.

This is all set to change with the Consumer Rights Directive (a maximum harmonisation Directive), which WILL introduce a 2-year guarantee period, but will also subsequently reduce the period for redress in the UK from 6 years to 2 years.


The EU law doesnt require you to show it is an inherent fault.


The UK legislation does. The Sale and Supply of Goods to Consumers Regulations are how this particular Directive was implemented in the UK, those are what you should be referring to.
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