geezer466 Posted June 21, 2010 Share Posted June 21, 2010 I had one of those cheap Chinese e buyer plasma tv's couple years ago. Anyway after 15 Months the thing gave up the ghost and would not display a picture. E Buyer tired to wriggle out saying it was out of warranty. One mention of the Sale of Goods act and they relented and sent me a new tv. I did have to send the broken one back but they provided the carrier who brought the replacement. The could have stood their ground and refused to replace/reimburse. It would then be up to a judge to decide what was reasonable under the provisions of the act. Failure in 15 Months is clearly not but say after 36 Months or longer particularly with a cheap item it might be pushing the envelope a bit hoping for a result. In this case it was the definition of how the damage was caused. Argos said accidental the claimant a design flaw. Argos would not have wanted a judgement saying it was a design flaw as it would place an onus upon them to replace/refund all laptops that had a broken screen within warranty. As it stands they can probably fob 90% of people with broken screens off so it makes sense to them to pay off the ones that test them right to the Court steps. £2000 on one of those fancy American fridges it would be reasonable to expect it would give 7 or 8 years of good service. £200 of cheap plasma telly is a different matter. Important to remember to claim costs back as and when they make you an offer particularly if you have raised court papers. Add in a few hours of your time for researching consumer law but keep it reasonable £30 an hour should cut it.. If they argue the costs angle insist it goes before the judge, they will fall into line soon enough Link to comment Share on other sites More sharing options...
Guest Noodle Posted June 21, 2010 Share Posted June 21, 2010 I had one of those cheap Chinese e buyer plasma tv's couple years ago. Anyway after 15 Months the thing gave up the ghost and would not display a picture. E Buyer tired to wriggle out saying it was out of warranty. One mention of the Sale of Goods act and they relented and sent me a new tv. I did have to send the broken one back but they provided the carrier who brought the replacement. The could have stood their ground and refused to replace/reimburse. It would then be up to a judge to decide what was reasonable under the provisions of the act. Failure in 15 Months is clearly not but say after 36 Months or longer particularly with a cheap item it might be pushing the envelope a bit hoping for a result. In this case it was the definition of how the damage was caused. Argos said accidental the claimant a design flaw. Argos would not have wanted a judgement saying it was a design flaw as it would place an onus upon them to replace/refund all laptops that had a broken screen within warranty. As it stands they can probably fob 90% of people with broken screens off so it makes sense to them to pay off the ones that test them right to the Court steps. £2000 on one of those fancy American fridges it would be reasonable to expect it would give 7 or 8 years of good service. £200 of cheap plasma telly is a different matter. Important to remember to claim costs back as and when they make you an offer particularly if you have raised court papers. Add in a few hours of your time for researching consumer law but keep it reasonable £30 an hour should cut it.. If they argue the costs angle insist it goes before the judge, they will fall into line soon enough It does all bring into question these 'extended warranties' and 'insurance policies' retailers push too. Link to comment Share on other sites More sharing options...
geoffk Posted June 21, 2010 Author Share Posted June 21, 2010 It does all bring into question these 'extended warranties' and 'insurance policies' retailers push too. They are not worth the paper they are written on...the sale of goods act covers you and you will not have to pay £200 for the privilege....The profit from these so called warranty's are amazing and no one needs them...you just have to carry out what you threaten them with... .to the op who said claim £30 a hour for the work on your case....you can claim as a litigation in person but it is only £9 p/h and the judges are quite strict on the amount just to keep costs down for both sides which is a good thing for both sides.. Link to comment Share on other sites More sharing options...
Guest Noodle Posted June 21, 2010 Share Posted June 21, 2010 They are not worth the paper they are written on...the sale of goods act covers you and you will not have to pay £200 for the privilege....The profit from these so called warranty's are amazing and no one needs them...you just have to carry out what you threaten them with... .to the op who said claim £30 a hour for the work on your case....you can claim as a litigation in person but it is only £9 p/h and the judges are quite strict on the amount just to keep costs down for both sides which is a good thing for both sides.. Different here. I bought a PC, but for another 5% got 3 years of full warranty and insurance. Used it twice so far. The UK, it was bizarre they had the gall to actively flog it. Link to comment Share on other sites More sharing options...
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