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Topic Other Boards / Foo / Faulty Goods - where do you stand???
- By lel [gb] Date 22.07.04 09:21 UTC
Does anyone have any information on how the law stands with regards to faulty goods?
I bought a combined printer/scanner/fax at the beginning of the year and it has been replaced THREE times already.
The latest repalcement has now developed a fault too. With each one , it has broken due to the exact same fault. The feed guide develops problems and wont pull the paper through.
The company (Dell) dont quibble at all about the replacements and send a new one out straight away - which is fine while its still under the 12 months guarantee. But when the guarantee runs out I will be stuck with a useless item.
I have now asked for a refund- after all the goods are not up to standard- there is clearly a fault with this model.
They have refused a refund but will send ANOTHER replacement. Can I push for a refund ??
- By kath_barr [gb] Date 22.07.04 09:46 UTC
I'd get in touch with your local Trading Standards. I've used them twice to sort out consumer problems and they were great. I filled out the online form explaining the problem and they rang back to say they'd sorted it..didn't even cost me a phone call! :)

Enter your post code (box on righthand side) to find your nearest one..

http://www.tradingstandards.gov.uk/index.cfm

Hope you get it sorted. :)

Kath.
- By bob [gb] Date 22.07.04 09:47 UTC
I would have thought you are definitely entitled to a refund as the company has now proved that, that particular item has some form of manufacturing fault.
I would personally push for the refund.
There again when they send a new item are you just getting the item or full packaging, as surely everytime you get a new item the 12 months starts all over again, and if your getting the packaging your getting the new 12 month guarantee card.

Alison
- By spaniel-lover [gb] Date 22.07.04 10:06 UTC
Hi lel, under the Sale of Goods Act 1979, you are entitled to receive a refund.  In your case, this comes under the banner of:

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

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

*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)

If you are still within your 12 month guarantee, I would class that as a "reasonable time".  In addition to which, the product that you have bought is not doing the job for which it was purchased, so that in itself is reason enough to request your money back.  Also, I would be inclined to remind them of their customer service and tell them that if they want your business again (!), it would be best all round for them to refund your money.  I wouldn't bother with trading standards, I'm sure they've got more than enough to do, go to them if you still have problems.  Just write Dell a letter, and if you want any more 'official' legislation you wish to quote at them in your letter, just PM me and I'd be happy to help! :)
- By kath_barr [gb] Date 23.07.04 07:13 UTC

>I wouldn't bother with trading standards, I'm sure they've got more than enough to do, go to them if you still have problems.


Lel is entitled to use them as much as anyone even if they are busy, it's their job to help all consumers...and she *is* having problems, that's why I suggested she contacts them. :)

Kath.
- By spaniel-lover [gb] Date 23.07.04 08:58 UTC
Kath, I wasn't saying she wasn't entitled to use them!??.. :rolleyes: - all I said that why waste time waiting for them to do their stuff when lel could quite easily deal with it themselves with a strongly worded letter setting out their rights which I have already explained?  My experience of trading standards has been that they have a lot to do, so lel would probably get a snappier response with my suggestion, I'm speaking from my experience within the legal profession, you have yours dealing with trading standards.  However, I do feel that there was little need for that unfounded comment stemming from your assumption of the intent of my post.
- By Blue Date 23.07.04 10:03 UTC
Deary me Spaniel-lover, 

Whilst some people are confident in sorting this out head on, alot are not, Kath mearly pointed that out and then pointed out why she said it.  There was hardly any need for.  

" I do feel that there was little need for that unfounded comment stemming from your assumption of the intent of my post. "

I think you have taken Kath's post and 100% misinterpretated it.  In fact I can assure you that you have.

Some companies are little sh-ts ( sorry) for their customer service and  are often found to lean the opposite direction of the statutory rights of people and this one in particular I have heard loads of problems with.

Everyone can offer advice whether it be different it is up to the poster to take what information they want from it. :-)
- By Jax [gb] Date 22.07.04 10:29 UTC
Hi Lel

I had a problem with my laptop, after only 15 months of light use it DIED :(  I was told it would need a new motherboard and processor chip, total of £700 :eek:  After several letters of complaint to the manufacture, who said nothing could be done as my one year guarantee had run out, we wrote to the High Street shop where we purchased the laptop quoting the 'Sale of Goods Act 1997'.  I am happy to say I have now received a cheque from them for 3/4 of the purchase price BUT it has taken a year to sort out.

Good luck
- By Dill [gb] Date 22.07.04 23:17 UTC
Definately go to Trading Standards :D I was in same position as you - three replacements and being told damage was due to carriers, it worked in the shop etc..repairs only :rolleyes: Trading Standards told me my rights and also gave specific wording to include when writing my letter.  Magically a full refund was received and I was also refunded all carriage charges (since nothing carried had ever worked)  Felt soo good getting it sorted :)

Good luck
Dill
- By lel [gb] Date 23.07.04 09:28 UTC
I have contacted them online through the link Kath gave and have had an email back saying its being actioned :)

Fingers crossed I start to get somewhere now :)
- By Blue Date 23.07.04 10:04 UTC
Good luck Lel.
- By lel [gb] Date 26.07.04 21:34 UTC
Lady from local trading standards contacted me today.
She said I could have a replacement but to wrete a letter saying that if this replacement was also faulty I would require a refund.
When I mentioned that i had already had THREE faulty machines , she said i had already acted reasonably and should write for a refund staing the Sale of Goods Act 1979. When i rang dell back and mentioned this I was told a refund shouldnt be a problem - will have to wait and see :)
Fingers crossed
- By kath_barr [gb] Date 27.07.04 14:16 UTC
Fingers crossed for you here too. :)

Kath.
- By lel [gb] Date 27.07.04 18:45 UTC
Dell have just phoned to confirm I CAN have a full refund :D :D
So thanks for the help and advice everyone

I am also going to be cheeky and tell them I want a refund on the ink too ( which I havent long bought - and cost just under £50 for a black and a colour cartridge)

Anyone else in the same boat -dont just accept their first decision to fob you off with replacement after replacement
- By Dill [gb] Date 27.07.04 23:28 UTC
Way to go Lel, bet it felt good knowing you got what you wanted.  :D :D
- By kath_barr [gb] Date 28.07.04 07:13 UTC
That's great Lel, well done. :)

Kath.
- By Blue Date 22.07.04 11:28 UTC
Yes you can. I think it is question 8 & 9. Write them a letter recorded delivery asking for your money back.  It should be to the people you actually bought the item from. 

Here are some questions: http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm
Topic Other Boards / Foo / Faulty Goods - where do you stand???

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