Home Forums Chat Forum Sale of goods act after 6 months…

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  • Sale of goods act after 6 months…
  • spooky_b329
    Full Member

    Got a 3yr old stereo that broke last year, tried to return it but the manager said I had to get an independent report to say its broken.

    Now it was only £60. How much would I expect to pay for someone to write that an internal fuse has blown and the amplifier is knackered. (no sound, replacement fuse pops)

    I can't imagine for a minute that there are places that are cheap enough to make it worthwhile for a £60 stereo…so I spose I'll just have to chuck it in the bin? 🙁

    Cougar
    Full Member

    Six months or three years? *confuzzed*

    spooky_b329
    Full Member

    Three years, but after six months the rules change and the onus is on the me to prove its knackered, whereas before six months, the shop has to prove it is not knackered.

    Sorry for the confusion 🙂

    donsimon
    Free Member

    60 quid? Bin it and not go back to that shop…

    jam-bo
    Full Member

    if you are so sure its a knackered fuse, fix it.

    PenrodPooch
    Free Member

    You have to prove the item was at fault when you bought it. This sounds like wear and tear, toss it out and get something decent.

    andydicko
    Free Member

    Surely you taking it to said shop and plugging it in showing them it doesn't work, is you proving to them that it errrrrrrr don't work!!!!

    donsimon
    Free Member

    You have to prove the item was at fault when you bought it.

    You're (were) covered if the product was not fit for use even if it left the shop in perfect condition, if the law's changed then I don't know…

    spooky_b329
    Full Member

    Surely you taking it to said shop and plugging it in showing them it doesn't work, is you proving to them that it errrrrrrr don't work!!!!

    Apparently that doesn't count. They want an independent report.

    I replaced the blown fuse, it popped again straight away and I can't really get the unit apart any more without breaking bits of plastic and unsoldering stuff.

    Looks like its headed for the bin then…

    cynic-al
    Free Member

    Shop is dicking you around but after 2-3 years I doubt SOGA will help.

    Resident legal expert may differ of course.

    Cougar
    Full Member

    If you've taken it apart and replaced an internal fuse, I'd suggest that perhaps you've just weakened your position somewhat.

    cynic-al
    Free Member

    Cougar. Bollox

    thehustler
    Free Member

    The six year rule you are reffering to only applies if you can prove the fault was present at the time of manufacture, quite hard to do tbh for 60 quid I'd forget it and chalk it up to you gets what you pays for

    HoratioHufnagel
    Free Member

    My understanding was that after 6 months you have to prove the fault was inherrent and get an "engineers report" which might cost around 150 quid.

    unless you actually broke it, its most likely the engineers report will be in your favour.

    The retailer then has to get the unit fixed and pay the cost of the engineers report (otherwise, yes, you have to pay).

    I had a similar experience with something breaking outside of warranty (only 1 month outside the manufacturers 1 year warranty) so wrote a formal letter to the retailer, Richer Sounds, who then agreed to fix it anyway. In fact, they were really good about it and gave me a brand new 1080p tv to keep and said they'd just sell my old tv when its fixed.

    for 60 quid, i'd just bin it/ebay it as spares or repair.

    TandemJeremy
    Free Member

    After 6 month the onus of proof is on you to show that it is an intrinsic fault with the amp. Up to six months old the onus of proof is on the retailer to prove it was not an intrinsic fault.

    After 3 years for a £60 amp? You have to prove two things – that it was in intrinsic fault ie present when it was sold that caused it to fail and that a reasonable life for it is more than 3 years.

    How long would a reasonable person expect the £60 amp to last? 6yrs? 12???You only get a partial refund anyway as you have had some of its life – if a reasonable life is 6 yrs you only have the right to a £30 refund.

    You case is thin IMO and for £60 – forget it

    Cougar
    Full Member

    Cougar. Bollox

    Don't sit on the fence, say what you mean.

    CountZero
    Full Member

    £60? I'm amazed it lasted that long. Now, £160…

    toys19
    Free Member

    for 60 quid, i'd just bin it/ebay it as spares or repair.

    NAh, get mate who has any marginal engineering/electornics qualies to write you a little report send it in with a letter threatening legals (small claims) and a £150 bill for the engineer and see what happens.

    I only say this as I have experience in two areas.

    1) Small claims, been 4 times now, won 3 lost 1, the one I lost was the on I most expected to win and two of the times I won I expected to lose (I was being sued). In small claims a district judge just tries to give everyone a slice so he may well split your claim. Also if you actually make a claim it would be cheaper for the retailer to pay the £60 and your small court fee than to fight it.
    2) Expert witnessing. When I was an RA I used to do all the investigations for my supervisor into his expert witnessing cases, often all we had to do was prove non functionality. Of the 20 or so cases I worked on only one needed a hearing, all the others were settled out of court.
    More recently I have done my own prelims with view to appearing in court, research and reporting into failures (mechanical/engineering) under the apoointment of a solicitor, again of the 9 cases I have worked on none ever went to court, disappointing really as I want to get myself on the expert witness register and I need the court experience to get there..

    MS
    Free Member

    If you have got 3 years out a 60 quid amp then I would be pretty happy with that and wouldn't expect the shop to take it back to be honest.

    If it was an expensive amp then yes, but for 60 quid just rip it apart and see if you can fix it yourself. If not just bin it.

    konabunny
    Free Member

    When I was an RA…

    RA?

    toys19
    Free Member

    RA?

    Right Arse..

    No its research assistant. sorry jargon, its extremely wankerish.

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