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Consumer Rights...any experts out there?

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Hi all Just want some advice from any legal eagles out there. Basically, I have a TomTom Go 720. I brought it in Dec 2007. The other day I set it up to go out for the day when on the screen app… Read More
Foxy102 Avatar
7y, 6m agoPosted 7 years, 6 months ago
Hi all

Just want some advice from any legal eagles out there.

Basically, I have a TomTom Go 720. I brought it in Dec 2007. The other day I set it up to go out for the day when on the screen appeared a picture of the TomTom, a hard drive and cross flashing. At the time, I thought it would be something simple, but whatever I tried, nothing made it work.

I called TomTom on Monday and asked them for advice. The chap was very friendly, and gave me some more advice. Still no joy, so I gave him a call back and he explained that the memory was corrupt and the TomTom was basically just an expensive shell!

He said that TomTom will pay me to send it back to them and be assessed, and then call me with a quote to repair. I explained that I am not prepared to pay for repair as the fault was inherent with the device (I have only ever used it 12 - 15 times) and the TomTom wasn't exactly cheap when purchased.

I then remembered the EU directive 1999/44 (about consumer rights). Apparently all consumer products should automatically have a warranty of at least 2 yrs. When I explained this, he suggested I talk to his boss. His boss said that my contract after the first year was with the shop and not directly with TomTom. Does anyone know if this is right? I just really need to know what to do. I am not prepared to pay a fortune to get it sorted and as this thing was so expensive I don't know why I should bin it!

I appreciate you reading this, and any advice would be very gratefully received.

Rep to the best advice.

Cheers

Foxy
Foxy102 Avatar
7y, 6m agoPosted 7 years, 6 months ago
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1 Like #1
dont quote me on this but...... i'd guess after the 12 months period the contract would be with tom tom and not the actual shop.
#2
After 1 year you need to approach the retailer so whatever shop you bought it from. Then quote the sale of goods act, but it doesn't seem very easy. I've just had to issue a summons against Amazon for the same thing!
1 Like #3
superskilly
dont quote me on this but...... i'd guess after the 12 months period the contract would be with tom tom and not the actual shop.


+1, I believe the contract is with the shop for the first 12 months and then after that it's with the manufacturer.
#4
superskilly
dont quote me on this but...... i'd guess after the 12 months period the contract would be with tom tom and not the actual shop.



3000 posts!

Congrats!

I also would have thought the warranty would be with the manufacturer. I want to know for sure.

Tnanks

Foxy
1 Like #5
Contract is with the SHOP ALWAYS

Up to 6 months there is an automatic right to repair free of charge
after 6 months there is an right to repair from the shop, and the assumption is that it was inherantly faulty from the day of manufacture,and will be rapaired free of charge, or with a small amount paid by you, you may have to argue to get it repaired free
3 yrs to 6 yrs the right to repair is still there however there is an assumption the goods were NOT faulty at manufacturew and unless you can prove otherwise you have to pay for the repair..

Look up sale of goods act
1 Like #6
The 12 month warrenty is a manufaturers warrenty after that it is the shop that is responsible for ensuring the goods sold where of a reasonable standard and fit for purpose
[helper] 1 Like #7
#8
is it just the memory card, if so formatting it and reinstalling tom-tom should work.
1 Like #9
karenhornby
Contract is with the SHOP ALWAYS

Up to 6 months there is an automatic right to repair free of charge
after 6 months there is an right to repair from the shop, and the assumption is that it was inherantly faulty from the day of manufacture,and will be rapaired free of charge, or with a small amount paid by you, you may have to argue to get it repaired free
3 yrs to 6 yrs the right to repair is still there however there is an assumption the goods were NOT faulty at manufacturew and unless you can prove otherwise you have to pay for the repair..

Look up sale of goods act


+1

Tom Tom are not in anyway liable for you Sat Nav.
1 Like #10
I thought that it would be with the shop as most initial warranties are labeled for example "12 month manufacturers warranty" even though your contract is still with the retailer, it just means if the retailer goes belly up the manufacturer still promised to honor it.

I dont suppose it was paid for by credit card? as this could speed things up if the retailer tries playing hard ball and stalling you, then you would be able to put it across to them that you would apply for a chargeback against them and get a full refund.
#11
snarff
is it just the memory card, if so formatting it and reinstalling tom-tom should work.


No, the PC not seeing anything on the drives when plugged in. It has corrupt memory and it's as dead as the proverbial dodo.

As always folks, your advice has been invaluable and will thus be rewarded!
#12
OK few facts re the tomtom!

1. The flashing red cross and hard drive means its failed on disk access....
2. Have you recently installed any Operating Software, traffic cams, maps, general updates at all?
3. Are you using a newer version of Tomtom Home (above 2.0)?
4. Did you take a backup of your device using explorer (NOT USING HOME!)

Reasons are:
1. This sometimes happens when you install OS updates, using Home 2.0 and above. You could try uninstalling your current high version of Home, downloading version 1.6, installing this and reconnecting your Tomtom, then follow any prompts and reload OS, updates ect
2. As soon as you get your device or after any major update, BACK IT UP!!! DON'T USE HOME, USE WINDOWS EXPLORER There are files Home cannot see and only backs up what it feels like, a drag and drop backup using explorer to a sequentially date labelled folder is the way to go, PS. TICK THE BOXES ON THE WINDOWS FOLDER OPTIONS THAT ALLOW YOU TO SEE HIDDEN AND SYSTEM FILES FIRST!!
3. Did you disconnect your Tomtom from your PC without undocking it via the disconnect USB route, can be dangerous as it leaves certain files in transit so to speak!
4. If you have a known working backup simply copy the whole thing back to your device and overwrite files when prompted!

There is a good chance your device is fine

Gun
#13
IIRC the 720 uses an SD card,

1. Can you attach it to a pc without home, and does it see it as a device?
2. Can you take the SD card out, put it in a card reader and see the card?
3. Sometimes If you can see the card, simply copy the contents out of the card, including all system and hidden files, reformat the card and copy um back!

It has been known to work!

Gun
#14
*XxGunnerxX*;6387234
IIRC the 720 uses an SD card,

1. Can you attach it to a pc without home, and does it see it as a device?
2. Can you take the SD card out, put it in a card reader and see the card?
3. Sometimes If you can see the card, simply copy the contents out of the card, including all system and hidden files, reformat the card and copy um back!

It has been known to work!

Gun



It sees that the device and the SD slot has been inserted (although when you double click on it there is nothing in there) The maps are in built, the SD slot only has a lump of plastic in it (in the shape of an SD card so you can install more apps).
#15
Or, if that doesnt work and your HAVE backed up the card, simply format a new one and copy your backup into that, stick it back into the Tomtom!

Gun
#16
Right, so it has a mini hard drive in it

Have you got a backup of your device somewhere?

What version of home are u using?
1 Like #17
OK, you might want to try this, you've nothing to lose as its currently not usable!

1. First turn your firewall off (if you have one).
2. You need to go into your 720 with the TomTom Home software and erase Any Software you might have downloaded (with the remove items from my device) and reset the device (little reset button under the unit keep it pressed for 5 seconds)
3. Place it back in the cradle and restart your computer.
4. Restart the 720
5. Bring the TomTom Home program up, and when the TomTom Home software in your computer restarts and detects the 720 it will tell you that you need to update the application, if it doesn't than you force the update by going to the add maps option, select items on my computer, select applications and press the add button, when done, go back and to device (option in top of your screen) and select disconnect device, restart your 720 and it should be back to life with the upgraded software.

Obviously no guarantees on this one, but worth a go!

Gun
#18
*XxGunnerxX*;6387381
OK, you might want to try this, you've nothing to lose as its currently not usable!

1. First turn your firewall off (if you have one).
2. You need to go into your 720 with the TomTom Home software and erase Any Software you might have downloaded (with the remove items from my device) and reset the device (little reset button under the unit keep it pressed for 5 seconds)
3. Place it back in the cradle and restart your computer.
4. Restart the 720
5. Bring the TomTom Home program up, and when the TomTom Home software in your computer restarts and detects the 720 it will tell you that you need to update the application, if it doesn't than you force the update by going to the add maps option, select items on my computer, select applications and press the add button, when done, go back and to device (option in top of your screen) and select disconnect device, restart your 720 and it should be back to life with the upgraded software.

Obviously no guarantees on this one, but worth a go!

Gun


Done that, no joy.

As to the back up, to be honest i am not sure if I have. I do have some files Named Download FromDevice and Sharing on explorer...is that a backup?
#19
Not sure without seeing the files

Have you tried uninstalling home and putting in a lower version say 1.6?
#20
*XxGunnerxX*;6387632
Not sure without seeing the files

Have you tried uninstalling home and putting in a lower version say 1.6?


No, I haven't, will give it a try tomorrow.
#21
When your device starts to boot it i finding a corrupt file, I would bet my teeth you've recently done an upgrade via Home.

The only way to do this is to:

1. Restore a known good backup
2. Ring Tomtom and explain the problem, when mine went down they made the files available (and the maps) in a special download area, I just downloaded them, formatted the device and copied them in, Worked fine

gun

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