Sale of Goods Act 1979 (as amended) claim - HotUKDeals
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Sale of Goods Act 1979 (as amended) claim

meshosa Avatar
7y, 5m agoPosted 7 years, 5 months ago
I bought 37" LCD from sainsbury's on Feb 08. Had very light use and yet it failed few weeks ago. I am claiming with the above act. What option should I go for:
1- Ask for repair.
2- Reject the goods and ask for refund.
3- Reject the goods and ask for partial refund.
meshosa Avatar
7y, 5m agoPosted 7 years, 5 months ago
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1 Like #1
2- Reject the goods and ask for refund.
Anything else and you're modifying the contract. Always start a fresh.
#2
kyalion
2- Reject the goods and ask for refund.
Anything else and you're modifying the contract. Always start a fresh.


Thank you for the advice rep left.
1 Like #3
1- Ask for repair


This^^^

Asking for a refund is a complete and utter waste of time. Poor advice.
#4
thesaint
This^^^

Asking for a refund is a complete and utter waste of time. Poor advice.


Thank you, rep left
#5
A refund would only need to be pro rata, ie they can take an amount off the price in balance for the use you have had from it (time wise rather than operational times)
#6
Why sale of goods act? It's over a year old so you'll be claiming on whatever your warranty says.
#7
Shengis
Why sale of goods act? It's over a year old so you'll be claiming on whatever your warranty says.


They probably don't have a warranty? So are going to prove there was a manufacturing fault in the tv.
#8
Shengis
Why sale of goods act? It's over a year old so you'll be claiming on whatever your warranty says.


Not correct, the S.O.G.A covers you for "up to" six years.
#9
thesaint
Not correct, the S.O.G.A covers you for "up to" six years.


'IF' you can prove a manufacturing fault that was present at the time of purchase. Good luck with that one.
#10
Benjimoron
They probably don't have a warranty? So are going to prove there was a manufacturing fault in the tv.


Not sure. Asda, back in the mists of time, used to put a 3 year warranty on all electricals. The TV may have come with a warranty longer than one year as standard.
#11
Shengis
'IF' you can prove a manufacturing fault that was present at the time of purchase. Good luck with that one.


Also incorrect.
#12
thesaint
Also incorrect.


Oh go on then, i'll play. Post some links up to prove your point.
1 Like #13
thesaint
Also incorrect.


Benjimoron
They probably don't have a warranty? So are going to prove there was a manufacturing fault in the tv.


I'll play too, I with Shengis on this one!

Although technically it's 6 months onwards but retailers generally only require this proof after 12 months.
#14
There must be a lot of links coming?

Or just struggling to find one?
#15
Shengis
Oh go on then, i'll play. Post some links up to prove your point.


The OP will not be claiming that the TV was inherently faulty. "Inherently faulty" is only an example of a reason to claim a repair.
They should be claiming that it did not last a "reasonable" amount of time. As with all things with the law, you have to think what a judge would rule in a court.


• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement


http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q3Areallgoodssupposedtolastsixorfiveyears
#16
i really dont think you have anything to worry about at sainsburys ffs

just ask for a replacement,,,,job done

no need for a 10 page debate over the soga ......we have this every daywith the same people and the same comments

pointless
1 Like #17
thesaint
The OP will not be claiming that the TV was inherently faulty. "Inherently faulty" is only an example of a reason to claim a repair.
They should be claiming that it did not last a "reasonable" amount of time. As with all things with the law, you have to think what a judge would rule in a court.



http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q3Areallgoodssupposedtolastsixorfiveyears


Exactly, to claim that 'right' they have to go to court and fight for it. Not just a case of simply turning up in the shop and demanding a warranty fix is it? Hopefully the government will get their **** into gear and finally get all this 1999/44/EC crap put on the books to stop all this hassle.
#18
casparwhite
i really dont think you have anything to worry about at sainsburys ffs

just ask for a replacement,,,,job done

no need for a 10 page debate over the soga ......we have this every daywith the same people and the same comments

pointless


If it educates people n their rights, then I believe it's a worthwhile debate.

I remember you incorrectly stating that someone with a purchase over a year old had no rights whatsoever. :roll:

Shengis
Exactly, to claim that 'right' they have to go to court and fight for it. Not just a case of simply turning up in the shop and demanding a warranty fix is it? Hopefully the government will get their **** into gear and finally get all this 1999/44/EC crap put on the books to stop all this hassle.


They "may" have to go to court, that's the rule with any "rights" we have. Would they "have" to go to court? Almost never.
#19
thesaint
They "may" have to go to court, that's the rule with any "rights" we have. Would they "have" to go to court? Almost never.


Depends on how well you 'negotiate' with the retailer ;-)
#20
Sainsburys are pretty good, explain what has happened and they might just refund it, without mentioning the act
#21
Its a dark day today, I find myself agreeing with a post by thestain, thats bad, very bad!
#22
thesaint
If it educates people n their rights, then I believe it's a worthwhile debate.

I remember you incorrectly stating that someone with a purchase over a year old had no rights whatsoever. :roll:





10 pages = in every thread is not educating people about their rights as thats usually done in the first few posts, the rest is long time members arguing amongst themselves with 1upmanship in mind

also show me the post where i said that.......it was for a 20 quid blender and yes a 20 quid blender would not be expexted to last 6 years as i quite rightly proved.....

i seem to remember you bringing it up before with the same response......you like repeating yourself i see


it also looks like the op knows their rights pretty well.....too blind to see?
#23
casparwhite

also show me the post where i said that.......it was for a 20 quid blender and yes a 20 quid blender would not be expexted to last 6 years as i quite rightly proved.....


I did not say that you said it was expected to last 6 years. If you believe what you said was correct, then please say so:

casparwhite


you got 12 months then if out of that you gonna have to buy a new 1




http://www.hotukdeals.com/item/388948/returning-an-item-out-of-warranty-w/

casparwhite

i seem to remember you bringing it up before with the same response......you like repeating yourself i see




thesaint
If it educates people n their rights, then I believe it's a worthwhile debate.
#24
casparwhite



it also looks like the op knows their rights pretty well.....too blind to see?


Knowing your rights and getting them enforced are often two different things.
#25
thesaint
I did not say that you said it was expected to last 6 years. If you believe what you said was correct, then please say so:




http://www.hotukdeals.com/item/388948/returning-an-item-out-of-warranty-w/


you might reasonably expect a �600 television to last longer than 18 months, but you wouldn't necessarily expect compensation if a �20 kettle broke down in this period.


i stand by this

so where did i say they had no rights whatsoever after 1 year exactly?
#26
I found this link for standard letter
http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/sale_of_goods_act/

I think I will ask for refund and negotiate from there. I am happy if they just repair it but will be better if return it as I dont expect it to last long after repair. I still have the box and all packing materials thinking will need it when moving house. But it didn't last long did it!
#27
Inactive
Knowing your rights and getting them enforced are often two different things.


meshosa
I found this link for standard letter
http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/sale_of_goods_act/

I think I will ask for refund and negotiate from there. I am happy if they just repair it but will be better if return it as I dont expect it to last long after repair. I still have the box and all packing materials thinking will need it when moving house. But it didn't last long did it!


yeah because the internet is that hard to use:thinking:

i think the op has had the matter in hand from the start:roll::thumbsup:
banned#28
its a rare occurence, but I have to agree with thesaint on this one. :w00t:
#29
casparwhite


so where did i say they had no rights whatsoever after 1 year exactly?


http://www.hotukdeals.com/item/388948/returning-an-item-out-of-warranty-w/showpost.php?p=5046865&postcount=3
#30
casparwhite
yeah because the internet is that hard to use:thinking:

i think the op has had the matter in hand from the start:roll::thumbsup:


We shall see.. ;-)
#31


in reagards to a £20 blender yes......12 months



you might reasonably expect a �600 television to last longer than 18 months, but you wouldn't necessarily expect compensation if a �20 kettle broke down in this period.

so not just any purchase.....its pretty easy to quote somebody out of context huh

i can just see you now arguing the toss with a retailer..."but i bought this £10 toaster from you 5 years ago....the soga states i can return it upto 6 years if it goes faulty"

lmao
#32
Before you consider the SOGA, have you actually checked what warranty it comes with? A lot of TVs and consumer electronics come with a 2 or 3 year manufacturers warranty these days...
#33
casparwhite
in reagards to a £20 blender yes......12 months


I guess most people would expect a £20 blender to last longer than 12 months, I know I would.

casparwhite

i can just see you now arguing the toss with a retailer..."but i bought this £10 toaster from you 5 years ago....the soga states i can return it upto 6 years if it goes faulty"

lmao


You just don't understand do you?
#34
thesaint
I guess most people would expect a £20 blender to last longer than 12 months, I know I would.



You just don't understand do you?


ok a manufacturer has 5 blenders varying in price and quality from £20 - £200

you buy the cheap 1 for £20 and you use it several times a day every day for blending ice, meat , fruit etc (very tasty)

it breaks down after 16 months.....do you think you have a claim?
#35
csiman
its a rare occurence, but I have to agree with thesaint on this one. :w00t:


Serious?

After 6 months you have to prove there was a manufacturing fault, afaik???
#36
casparwhite
ok a manufacturer has 5 blenders varying in price and quality from £20 - £200

you buy the cheap 1 for £20 and you use it several times a day every day for blending ice, meat , fruit etc (very tasty)

it breaks down after 16 months.....do you think you have a claim?


No.
1 Like #37
thesaint
I guess most people would expect a £20 blender to last longer than 12 months, I know I would.



You just don't understand do you?


casparwhite
ok a manufacturer has 5 blenders varying in price and quality from £20 - £200

you buy the cheap 1 for £20 and you use it several times a day every day for blending ice, meat , fruit etc (very tasty)

it breaks down after 16 months.....do you think you have a claim?


thesaint
No.

i rest my case

only 14 months in your eyes huh....

http://www.hotukdeals.com/item/388948/returning-an-item-out-of-warranty-w/showpost.php?p=5047225&postcount=9
#38
casparwhite
i rest my case


lol!
#39


I would not class using a blender everyday for 16 months to blend ice, meat and fruit as general wear and tear. Others might.
If I used it once a week to blend my strawberries for a smoothie, I would take it back.

You are making up rules as you go along now.
#40
thesaint
I would not class using a blender everyday for 16 months to blend ice, meat and fruit as general wear and tear. Others might.
If I used it once a week to blend my strawberries for a smoothie, I would take it back.

You are making up rules as you go along now.


common sense will prevail....

what rules?

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