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Sales of good act - advide needed
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John_Vella
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 7:55 am
Posts: 7935
Location: Manchester.
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  | | | | Linux_User wrote: You won't get anywhere with the Sale of Goods Act, TBH.
As amended, for "satisfactory quality" the SoG Act states that if a problem arises within the first 6 months, then the item is considered to be faulty at the time of purchase and you are entitled to a repair, refund or a replacement*. However, after 6 months you must prove that the item was inherently faulty when you purchased it, and if you succeed/convince the retailer you'll get a repair or refund**.
*which you get is up to the retailer, and you may have to accept a repair.
**and any refund may be less than you paid, to take into account the life you did get out of the product.
The only other recourse you have is that the item did not last "for a reasonable time", but then for what was the budget model PS3, 3 years doesn't sound bad. In any case there's no pre-defined limit on what a "reasonable time" is, it's up to the judge on the day and he/she will consider "all relevant factors" such as price, condition, how you stored/used it etc. | | | | |
That, sadly, sounds sensible. Bugger! So, it's back to plan B, (or was it plan C, I forget) - any thoughts on the ebay links for a new motherboards? _________________John Vella BSc (Hons), PGCE - Still the official forum prankster and crude remarker  Sorry  I'll behave now. Promise 
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| Fri Jun 03, 2011 8:39 pm |
 
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paulzolo
What's a life?
Joined: Thu Apr 23, 2009 6:27 pm
Posts: 12251
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Would that include an online admission that it had been dropped and various examples of scheming in order to get it replaced?
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| Fri Jun 03, 2011 8:40 pm |
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John_Vella
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 7:55 am
Posts: 7935
Location: Manchester.
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It wasn't an admission, it was a statement of fact. I followed the correct procedures, ie. informed the insurance company that it had been dropped, (which it had) took it to an engineer and sent the report to the insurance company. The engineer told me that the drop could have caused the malfunction, but did not write it on his report, which is why the insurance company aren't playing. There was no scheming and I'm still trying to decide whether I should be slightly offended at the insinuation that I am... Having thought about it, no I'm not offended _________________John Vella BSc (Hons), PGCE - Still the official forum prankster and crude remarker Sorry I'll behave now. Promise
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| Fri Jun 03, 2011 8:52 pm |
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tombolt
Spends far too much time on here
Joined: Fri Apr 24, 2009 8:38 am
Posts: 2967
Location: Dorchester, Dorset
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My sister's father-in-law's garage burnt down when a pump they were using to pump petrol that some dozy bint filled her range rover with arced. I cannot remember the specific reason the insurance gave for not paying out, but it's enough to make me seriously consider ever bothering with insurance again.
It really is a racket.
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| Fri Jun 03, 2011 9:17 pm |
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EddArmitage
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 9:40 pm
Posts: 5288
Location: ln -s /London ~
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As I see it the SOGA doesn't come into it. What you want is the insurance company to deal with the accidental damage. At present they won't because they've read the engineer's report, which said there was an inherent fault (which wasn't inherent, but was brought on by the drop), so if you can persuade them otherwise (ie. what the initial engineer said but didn't write on the form and that the drop caused the LED thing) then everything is wonderful, they'll deal with it, and everyone can live happily alongside the unicorns and the fairies, without needing eBay.
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| Fri Jun 03, 2011 9:35 pm |
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Impactweapon
Has a life
Joined: Fri May 22, 2009 8:25 pm
Posts: 69
Location: Stockholm-Sweden
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the sales of goods actually does come into it did you buy it with a credit card ?? i saw something recently about a young lady and a laptop that was borked and she managed to claim against her credit card company for the cost of a new one as it was a production fault, can cover you up to 6 years http://www.atlanticfinancialmanagement. ... en-laptop/
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| Sun Jun 05, 2011 12:00 pm |
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JohnSheridan
Doesn't have much of a life
Joined: Mon Apr 27, 2009 9:10 pm
Posts: 1057
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Why don't you just bite the bullet and buy a new one?
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| Sun Jun 05, 2011 1:54 pm |
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Linux_User
I haven't seen my friends in so long
Joined: Tue May 05, 2009 3:29 pm
Posts: 7173
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That's actually Section 75 of the Consumer Credit Act 1974, which makes your CC company jointly liable for any purchase over £100 in value. You can only generally use it in certain circumstances, such as the retailer going bust. It only applies to credit cards, no other method of payment. Anyhoo, while yes the official time limit for a claim is 6 years (inc. county court), after 6 months the onus is still on you to prove the item was inherently faulty at the time of purchase. The only other recourse you have under SoG is that it did not last "for a reasonable time", I doubt many judges are going to agree 3 years for a PS3 is a bad innings, especially for the budget model.
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| Sun Jun 05, 2011 3:16 pm |
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Amnesia10
Legend
Joined: Fri Apr 24, 2009 2:02 am
Posts: 29240
Location: Guantanamo Bay (thanks bobbdobbs)
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Well if you can get it fixed or replaced for free why not? Buying a new one is always the last resort especially during austerity. _________________Do concentrate, 007... "You are gifted. Mine is bordering on seven seconds." https://www.dropbox.com/referrals/NTg5MzczNTkhttp://astore.amazon.co.uk/wwwx404couk-21
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| Sun Jun 05, 2011 3:58 pm |
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John_Vella
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 7:55 am
Posts: 7935
Location: Manchester.
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Yeah? Try telling the wife that!  She ordered a new one yesterday, as we have money burn, apparently ... *sigh* _________________John Vella BSc (Hons), PGCE - Still the official forum prankster and crude remarker Sorry I'll behave now. Promise
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| Sun Jun 05, 2011 4:13 pm |
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Impactweapon
Has a life
Joined: Fri May 22, 2009 8:25 pm
Posts: 69
Location: Stockholm-Sweden
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erm no....a retailer is going bankrupt is is one example, however the main point is that the credit supplier is equally liable as the supplier of the product, it can extend to the non appearance of ordered products and faulty products 75. — (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor. however as you say what is deemed a sensible time for fault to show or product life has a lot to do with it
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| Sun Jun 05, 2011 4:37 pm |
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veato
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 7:17 am
Posts: 5550
Location: Nottingham
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Pick the PS3 up, throw it down the stairs, call insurance and let them know in no uncertain terms that being bounced off 14 steps is not an inherent fault and was caused by accidental damage.
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| Sun Jun 05, 2011 6:05 pm |
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Linux_User
I haven't seen my friends in so long
Joined: Tue May 05, 2009 3:29 pm
Posts: 7173
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Yes, they're jointly and severally liable. However, in reality you are highly unlikely to get anywhere with your CC company unless you can't, for some reason, claim against the retailer - such as them going bust, disappearing or refusing to play ball*. *and I doubt your card company will have much more sympathy. Either way you're far more likely to end up in the county court or talking to the Financial Ombudsman.
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| Sun Jun 05, 2011 7:46 pm |
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JJW009
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 6:58 pm
Posts: 8767
Location: behind the sofa
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I've been trying to fill in a medical insurance form for 2 years now. It's so full of conflicting terms and impossible questions that it's simply impossible to fill it in without telling lies. Everyone tells me "just fill the damned thing in any old way" like they did  So basically yes, the entire insurance industry is based on bulsh!t and misdirection and should never be trusted. It's a total money-making scam run by selfish soulless cnuts who'd see you homeless for a profit. _________________jonbwfc's law: "In any forum thread someone will, no matter what the subject, mention Firefly." When you're feeling too silly for x404, youRwired.net
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| Sun Jun 05, 2011 11:31 pm |
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