Worth pursuing through small claims??

I bought a Nikon D3100 camera in Dec 2010. In April 2012 it stopped working so I returned to Jessops, who in turn passed on to Nikon. They came back with a quote of £288 to fix. Camera cost approx £450.

Nikon offered an extended warranty (2 years) but don’t have a record of having received my warranty info. What they have received is all my details/camera info in order to process the cashback offer that I took advantage of when purchasing the camera, but apparently this does not count for the purposes of warranty.

I have written to Jessops quoting Sale of Goods Act and not fit for purpose/of satisfactory quality and they have said ‘prove it’. I contacted Nikon and they have confirmed that the fault with the camera is down to ‘component failure’. Jessops response was that I should have it independently assessed – this means not through Jessops or Nikon.

So neither side will play ball. Do I have a case to go down the small claims route and if so how much is this likely to cost (I have done a brief google but looks complicated).

Oh and it’s not covered on M and S home insurance because it is ‘wear and tear not accidental damage’

Stu

What you may have to show is that it broke due to it being faulty and not fit rather than say you dropped it and broke the part. Are they accepting it was a manufacturing defect or just that is actually broken?

You don’t have to prove anything

They have to prove it wasn’t faulty. Nikon say it is.

Regardless of what Nikon do though your issue is with Jessops. They are not allowed to wriggle out of seeing you right.

Pursue.

Change your home insurance, wait a month or so, ‘drop it’ and make a claim? 🙂

I guess you’d still have to demonstrate to the judge that it wasn’t fit for purpose

On the other hand scc is cheap for you and they may just capitulate before it costs them too much

I don’t see why they should fix component failures when you didn’t take out the offered 2 years warranty?

TBC, step away from the armchair, there is no presumption of fault.

17 months. If you can establish it was looked after then it seems to me you have a claim. Thing is they may defend it which can make it risky, costly and stressful.

No easy answer sadly! Maybe speak to CAB etc.

Regardless of extra warranty, the expectation is that a camera of that price should last longer than it has. That is the basis of the claim.

I would say as a gesture of good will they should fix it. We used to do it for pc parts that failed upto 3 months out of warranty. However components fail all the time, if its out of warranty then its probably fit for purpose i’d say and just unlucky that it failed.
If its a known common problem then maybe they should pickup the cost, but one off im not so sure..

put yourself in their shoes as if its your business and your money and be honest with yourself and ask if you think its reasonable.

2 trhings Jessops have recently had a massive cash injection from Cannon, and the nikon d3100, is massively discounted at a lot of retailers.

Oh and i have 2 nikons, and find them great

TBC that creates no presumption of fault on the manufacturer though.

FEEL MY WRATH.

certainly worth a claim on the basis that the bike chain lays out

At that age you have to show it was a manufacturing fault and that it would be expected to last longer than it has. Even so tho you have had a couple of years usage that could mean you do not get a full refund as you have had some susae from it – if its should last ten years for example you would get 80% refund.

However if nickon are prepared to say its a fault that should not have occured / manufacturing fault then thats pretty good evidence. I doubt Jessops would bother defending for that small a sum. Have a go. Yo uwill probably get an offer after they get the paperwork

Google ‘EU warranty law’. It is 2 years if failure is notified within 2 months of the fault occurring. Print out the relevant law and take it into Jessops.

Can you not highlight the EU Law on a 2 year warranty?

^^ Beaten to it! 😀

Thanks for advice. I had had the camera approx 15 months when it failed. Nikon say they have 1 months grace on the warranty but the extended warranty is run by Homeserve so out of their control.

My argument is that a camera of that price/standard should be expected to last longer than 15 months.

Nikon have confirmed that it stopped working due to component failure NOT accidental damage

I didn’t not take out the extended warranty – I thought I had and had also sent copies of purchase etc through to claim the cashback.

I can’t believe they can’t even offer a compromise – particularly as Jessops make margin on the repair too.

i’d complain to Jessops HQ – i’d drop going down the small claims route, it’ll only cost £50 but the court will be in the defendents county (Jessops HQ will be in London at a guess) so unless you want lots of hassle is wont be worth it. Although if you win you can claim expenses (although you have to submit this amount on one of the bits of paper wok prior to going to court).

hmm didnt know about that EU law 2 year warranty thing, although after a quick google it seems they can just ignore it and follow sale of goods act???

They have tried it on with 2 key things there

but apparently this does not count for the purposes of warranty.

If they offered a 2 yr warranty this is rubbish, there is no techicality on evidence of purchase, and it stands a proof of purchase for this purpose.

Jessops response was that I should have it independently assessed

Utter nonsense, only if you reject their assessment. If you accept their assessment then they are damned by it. I had a high st kitchen company try this – their own assessor said the kitchen was fubared and they tried this 3rd p inspection in desparation to try and wriggle out of their own damning report!

Forget Nikon, carefully fill out your N1 and send it to Jessop with a letter marked Letter Before Action and registered post to the Company Secretary (look up his/her name), give them 7 days to reply or issue in the small claims. Worked for me with Jessop, EasyJet, to name but a few.

BTW Jessop are fubared, ABN Amro bled them dry before floation they never recovered from that, their ability to survive is highly questionable regardless of Canon.

I’d have thought with NIKON stating material failure (in writing) you stood a reasonable chance. TJ is right about having had use from it so not entitled to 100% back, but I think 10yrs life is too long to expect in the fast moving digital camera market – 3 to 5 yrs is probably more reasonable.

The ‘heard in defendants local court rule’ does not automatically apply to companies. If the store you purchased it from is close to your home the local court should be happy with jurisdiction. If you are in England or Wales the process is very simple online.

Jessops head office is in Leicester by the way

I hope you get this resolved and then move away from Nikon.

I had 2 small digital coolpix cameras fail after approx 18 months and 3000 pictures. Both were the push buttons on the ‘wheel’ failing.
No abuse, just premature failure and no warranty.

I will never buy/use any Nikon product again.

Never had issues with mechanical SLRs and the newer Lumix replacements.

PaulD