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The Sale of Goods Act 1979??

mairsy07 Avatar
banned6y, 11m agoPosted 6 years, 11 months ago
Hey! so my brothers ps3 broke, this was purchased from littlewoods a little over 2 years ago. i rang sony and that wa a no no , £131. i then rang littlewoods and they said the warrenty was out so i could not have a replacement. i knew that the sales of goods act came into play on this so i looked on the littlewoods website and on there it states-

Sale of Goods Act 1979
If any product we supply fails prematurely due to an inherent fault (manufacturing defect), we will provide you with an appropriate remedy e.g. repair, replacement, or refund.

i then rang them back and they said the warrenty was out again, i then mentioned the sales of goods act and i was entitiled to a replacement as they state on there website, she took my number and i was told i would get a phone call back...

so does this look promising and has anyone had experiance the same situation? surly they have to replace it , it states it on there website. Cheers :-D
mairsy07 Avatar
banned6y, 11m agoPosted 6 years, 11 months ago
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#1
I can't see Littlewoods ringing you back unless you owe them money. I'm hopin for the best for you though:thumbsup:
#2
if they dont get back to you, call them back and state you are take the case to trading standards, then to small claims court, but expect them to close your account
#3
hmmm......but from what you saying I could ask for a replacement on my N64 that is 15 years + old

But I hope it works out for ya
#4
silvertwister;7787967
I can't see Littlewoods ringing you back unless you owe them money. I'm hopin for the best for you though:thumbsup:

or when they try and cold call you:thinking:

good luck.
#5
your contract is with the seller not the manufacturer and you can claim within 6 years...just search sale of goods act...Littlewoods will do everything to get out of this
banned#6
Latinosharkey;7787976
hmmm......but from what you saying I could ask for a replacement on my N64 that is 15 years + old

But I hope it works out for ya



That's a funny post :thumbsup:

Op have a look through post 2 on this thread may help on some advice
http://www.hotukdeals.com/item/591303/the-hukd-ps3-thread?t=591303
#7
If your claiming under manufacturing defect, then you have to prove the fact by getting a report to prove the fault was in fact a manufacturing defect and was present at the time you bought the item..
#8
Latinosharkey
hmmm......but from what you saying I could ask for a replacement on my N64 that is 15 years + old

But I hope it works out for ya


Not at all, the sales of goods act states that the device should work for a reasonable amount of time. Two years is less than reasonable for a £300+ (at the time) machine. Obviously this doesn't count if the machine has been neglected or misused in some way. I agree with the other poster though, if they don't get back to you take 'em to court! ;-)
#9
I got a cheque from Littlewoods just last week for the same thing :thumbsup:

Sale of Goods Act covers for 6 years from purchase :)
banned#10
Thanks everyone! i am going to wait 3 days for a cal back as she said it would be upto 48 hours. the ps3 has not been mistreated in anyway, normally its the yellow light of death or ps3 bluray lens. with this its satrting up but no picture at all, no sound. the controllers wont connect and it wont even access the recovery menu. it seems a hardware failiur kind of like the YLOD.i really hope they replace it but if they dont i will do everything i can to get them to as its what the SODA states. :-D
banned#11
xsazzyjayx
I got a cheque from Littlewoods just last week for the same thing :thumbsup:

Sale of Goods Act covers for 6 years from purchase :)


really? what did you get if you dont mind me asking? and was this for the ps3?
#12
mairsy07
Thanks everyone! i am going to wait 3 days for a cal back as she said it would be upto 48 hours. the ps3 has not been mistreated in anyway, normally its the yellow light of death or ps3 bluray lens. with this its satrting up but no picture at all, no sound. the controllers wont connect and it wont even access the recovery menu. it seems a hardware failiur kind of like the YLOD.i really hope they replace it but if they dont i will do everything i can to get them to as its what the SODA states. :-D


I sent in the recommended letter recorded delivery & made a few phone calls. Hope you get it sorted :thumbsup:
#13
mairsy07
really? what did you get if you dont mind me asking? and was this for the ps3?


yes for the PS3 - mine had YLOD though. I gave them the wrong figure - I quoted £128 but they sent the cheque out to me within a few days.

I sent the recommended letter & made a few phone calls - just make sure you know the facts. Have you researched if the fault with yours is common? :thumbsup:
banned#14
xsazzyjayx
I sent in the recommended letter recorded delivery & made a few phone calls. Hope you get it sorted :thumbsup:


cheers mate! a few phone calls to consumer rights ? i am going to ring them in the morning :thumbsup:
#15
silvertwister
Not at all, the sales of goods act states that the device should work for a reasonable amount of time. Two years is less than reasonable for a £300+ (at the time) machine. Obviously this doesn't count if the machine has been neglected or misused in some way. I agree with the other poster though, if they don't get back to you take 'em to court! ;-)


Oh right. But the op did not put the information in regarding the 6 years.

You are right, £300 for two years is sh!t.

But OP go for it!
banned#16
i have been looking for the fault and it does not seem to happen much. people can always access the recovery menu and i cant. there is just no signal at all to the tv and the HD lights dont flash so the ps3 is on but its not on, its almost like the YLOD to be honest. i have had the YLOD before :-(
#17
mairsy07
cheers mate! a few phone calls to consumer rights ? i am going to ring them in the morning :thumbsup:


No to Littlewoods

mairsy07
i have been looking for the fault and it does not seem to happen much. people can always access the recovery menu and i cant. there is just no signal at all to the tv and the HD lights dont flash so the ps3 is on but its not on, its almost like the YLOD to be honest. i have had the YLOD before :-(


Oh - and there's no reason why you couldn't just say it was YLOD to Littlewoods to make things easier - they don't check the console. Just be firm with them:thumbsup:
banned#18
xsazzyjayx
No to Littlewoods



Oh - and there's no reason why you couldn't just say it was YLOD to Littlewoods to make things easier - they don't check the console. Just be firm with them:thumbsup:


lol ok mate i will do :-D YLOD it is , so how long did it take to get it all sorted and was it easy? lol gather you got yours repaired from sony when littlewoods sent you the money?
#19
mairsy07
lol ok mate i will do :-D YLOD it is , so how long did it take to get it all sorted and was it easy? lol gather you got yours repaired from sony when littlewoods sent you the money?


Took 2 days to get them to agree to send the cheque (basically had to wait for a call from their After Sales Team).

Cheque took another couple of days. Rang sony, arranged collection of the old one and they replaced it on my doorstep :)

I got a refurbished 60gb with 3 months warranty but it looks like new :thumbsup:

Probably about a week in total to get the new console :)
#20
It does make me laugh how many people think they have a 6 year warranty with things, but it is not that simple im afraid.

You basically need to prove that the item had a fault when you bought it, it is completely different to a warranty offered via a manufacturer.

If the item is under 6 months old, its up to the seller to have it checked out, over 6 months its up to you. So can you really say the item was faulty when you received it? And how hard is this to prove.

Anyways, in the spirit of helping people, this is what you need to do.

Go to an independent IT or electronic company and get a reason as to why it has gone wrong, confirming a manufacturer defect, send this along with a letter stating the sale of goods act stating you require a repair or replacement (recorded delivery) then wait. But dont expect to have much of an account after doing so!
#21
aircanman
It does make me laugh how many people think they have a 6 year warranty with things, but it is not that simple im afraid.

You basically need to prove that the item had a fault when you bought it, it is completely different to a warranty offered via a manufacturer.

If the item is under 6 months old, its up to the seller to have it checked out, over 6 months its up to you. So can you really say the item was faulty when you received it? And how hard is this to prove.

Anyways, in the spirit of helping people, this is what you need to do.

Go to an independent IT or electronic company and get a reason as to why it has gone wrong, confirming a manufacturer defect, send this along with a letter stating the sale of goods act stating you require a repair or replacement (recorded delivery) then wait. But dont expect to have much of an account after doing so!


Noone mentioned 6 years WARRANTY - 6 years to complain:thumbsup:

YLOD is a VERY common fault in 60gbs - have you seen the watchdog articles etc? :thumbsup:
banned#22
i watched watchdog and a consumer expert stated on a different one about its 1 year warrenty being with sony and then after that you get upto six years to claim on a fault with the system.... http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/07/03/sale_of_goods_act_letter_downl.html like its said above the YLOD is a common fault, and am sure they will be able to tell that the fault is not caused by me. its not fair that we should pay over £400 at the time for a system to last 2 years when its expetance delclared by sony is 10 years just like the ps2.
[mod]#23
xsazzyjayx
I got a cheque from Littlewoods just last week for the same thing :thumbsup:

Sale of Goods Act covers for 6 years from purchase :)


OP - you will need to prove that the product was faulty at the time of purchase or it actually was probable due to poor manufacturing that the fault would occur. As far as I remember, the onus is on your to prove your claim. Not for Littlewoods to disprove you.
#24
magicjay1986
OP - you will need to prove that the product was faulty at the time of purchase or it actually was probable due to poor manufacturing that the fault would occur. As far as I remember, the onus is on your to prove your claim. Not for Littlewoods to disprove you.


This is true - the Sale of Goods Act does state this but Littlewoods asked for nothing from me, no proof etc - they just took my word for it?
[mod]#25
xsazzyjayx
This is true - the Sale of Goods Act does state this but Littlewoods asked for nothing from me, no proof etc - they just took my word for it?


Then they are foolish.

Courts favour consumers and usually even more so in low value claims in relation to SOGA1979. Solicitors usually tend not to deal with them. Take this matter for example. I would usually spend about 2-3 hours on this matter. If I was to charge a client it would be well in excess of £300. If you lose the case then you have just thrown all that money away. It is best to argue your own point on these (without making your claim seem pointless) trivial matters...
#26
Absolutely, nobody is saying there is this magical 6 year warranty with everything, but as previously mentioned it should work for a reasonable length of time. 'Reasonable' varies for different items, for example you wouldn't expect a cheap toaster to last as long as a TOTR plasma tv. Depends on the item really. If the PS3 was used according to the manufacturers recommendations then the fault must have been there from the start, or developed from manufacturing flaws.
#27
magicjay1986
Then they are foolish.

Courts favour consumers and usually even more so in low value claims in relation to SOGA1979. Solicitors usually tend not to deal with them. Take this matter for example. I would usually spend about 2-3 hours on this matter. If I was to charge a client it would be well in excess of £300. If you lose the case then you have just thrown all that money away. It is best to argue your own point on these (without making your claim seem pointless) trivial matters...


Well the fact they are foolish is not my problem is it?:whistling:

I would have been prepared to see it through but they paid up from just a letter & phone calls :thumbsup:
#28
silvertwister
Absolutely, nobody is saying there is this magical 6 year warranty with everything, but as previously mentioned it should work for a reasonable length of time. 'Reasonable' varies for different items, for example you wouldn't expect a cheap toaster to last as long as a TOTR plasma tv. Depends on the item really. If the PS3 was used according to the manufacturers recommendations then the fault must have been there from the start, or developed from manufacturing flaws.


Exactly :thumbsup:
[mod]#29
silvertwister
Absolutely, nobody is saying there is this magical 6 year warranty with everything, but as previously mentioned it should work for a reasonable length of time. 'Reasonable' varies for different items, for example you wouldn't expect a cheap toaster to last as long as a TOTR plasma tv. Depends on the item really. If the PS3 was used according to the manufacturers recommendations then the fault must have been there from the start, or developed from manufacturing flaws.


...it is not about the quality itself of the item...the item must be faulty etc.

A defence is not to say that there is a better item and it is the consumers fault for choosing a cheaper one.
[mod]#30
xsazzyjayx
Well the fact they are foolish is not my problem is it?:whistling:

I would have been prepared to see it through but they paid up from just a letter & phone calls :thumbsup:


I never said it was your problem. I merely stated that they are foolish for throwing money away without even getting a complete statement from you. Still, they can obviously afford it.
#31
magicjay1986
I never said it was your problem. I merely stated that they are foolish for throwing money away without even getting a complete statement from you. Still, they can obviously afford it.


They probably should have done but it's done now :p
#32
Anyway I hope mairsy07 gets sorted:)
#33
what they'll probs tell you to do is go get an engineers report stating the problem and cause, then submit it to them.
they may decide to have their own inspection done to verify this.

then they can decide to repair or replace the TV, or just say, nope, its not a manufacturing fault and heres why, its just normal wear & tear.

depending on the age of the TV and price paid, they may offer you a partial refund, money towards a new TV or a totally new one off the shelf.

this could take a long time
all of this time you're without your tv.

thats why its better to have a TV with an extended warranty (paid for or not) than rely on the law and consumer advice to try to get your TV fixed.
#34
slackrat77
what they'll probs tell you to do is go get an engineers report stating the problem and cause, then submit it to them.
they may decide to have their own inspection done to verify this.

then they can decide to repair or replace the TV, or just say, nope, its not a manufacturing fault and heres why, its just normal wear & tear.

depending on the age of the TV and price paid, they may offer you a partial refund, money towards a new TV or a totally new one off the shelf.

this could take a long time
all of this time you're without your tv.

thats why its better to have a TV with an extended warranty (paid for or not) than rely on the law and consumer advice to try to get your TV fixed.


It's a Ps3 :?

They didn't do all of that with me :thumbsup:
#35
Sorry to threadjack, but I bought a iPod from JohnLewis over 1.5 years ago, and it's broken ( a hdd fault i think that many have suffered from) , if I mention this act, would i be able to get it repaired?
#36
I know everyones something on the net but Im actually doing my consumer protection course right now. Because its two years old you will need to prove it was a manufacturing defect that was present when it was bought. This should be reasonably easy to do considering its a widely known problem, but of course they may ask for proof. As magicjay says its not a six year warranty that simply the time limit for claims (think its five in scotand)

I would do what sazzyjay did if you dont get it sorted on the phone, but cant imagine you will have to many problems.
#37
spikeyjacko
Sorry to threadjack, but I bought a iPod from JohnLewis over 1.5 years ago, and it's broken ( a hdd fault i think) , if I mention this act, would i be able to get it repaired?


I would try john lewis first and see what they say, but as said before as its outside the warranty period, it will be up to you to prove that its a manufacturing defect which will be pretty hard to do since its a hdd failure. Unfortunately it will be at the discretion of john lewis
#38
xsazzyjayx
It's a Ps3 :?

They'd didn't do all of that with me :thumbsup:


oops!
sorry, wasnt concentrating when i read the original post.
for something like a PS3, Sony may actually want to see it themselves before asking littlewoods to issue a repair or replacement
#39
slackrat77
oops!
sorry, wasnt concentrating when i read the original post.
for something like a PS3, Sony may actually want to see it themselves before asking littlewoods to issue a repair or replacement


That will be an issue between Sony and Littlewoods, the contract here is between buyer and seller. Sony have no say on repair or replacement
banned#40
well they rang me back and are going to pick the console up friday (2mo) they will check and if its not wear and tear then they will replace. now it really cant be wear and tear, i even spoke to a ps3 repair man and he said if its not the HDD then its a fault on the board so i should get another he said. HOPEFULLLLLLY! :-D

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