Sale of Goods Act and Car Parts

[jith]

What model is this and what year is it?

J

[Jimmyarm]

I'm curious as to what the proper answer to this is as well, working in the trade fitting the bits I just order another one and it gets sorted out but presumably the supplier wants to get the manufacturer to confirm there is a fault before issuing a refund. I doubt they have a range rover hanging around they can fit it too and test it !

The consumer part of me says that is the suppliers problem and not the customers though ?

[Sam.]

If this is for the well known motorfactor in the UK feel free to PM me, I can help

[TooMany2cvs]

Zulu 10 said:

How does this accord with the Sale of Goods Act?

Irrelevant. SOGA was replaced by the Consumer Rights Act last year...

Zulu 10 said:

My understanding is that faulty goods fall within the Act

They do.

Zulu 10 said:

and that I cannot be fobbed off with manufacturer’s warranty

You can't.

Zulu 10 said:

i.e. some responsibility falls with the retailer

Your contract does indeed lie with the retailer.

Zulu 10 said:

which presumably means that they should refund/replace in a more timely fashion than 4-6 weeks?

There's nothing about speed of a refund, only that you should be getting a refund. Which you are.

Zulu 10 said:

How should I proceed?

Well, you can ask them nicely. And, if they don't agree, you can take them to court. Waiting a month for the refund might just be quicker and easier.

[petrolbloke]

It'll be the Consumer Rights Act that's applicable now, not the SOGA.

If it's the company I'm thinking of then the CEO's e-mail address is easy to find if you don't have any joy with customer services.

[Sam.]

I understand what you are saying. Not a problem

If you drop me a email with the details i can help get it sorted without customer services.

[TooMany2cvs]

Zulu 10 said:

jith said:

What model is this and what year is it?

Er... it's MY2004 RR Vogue L322, but of what significance is that?

I think he might be wondering why you'd buy cheap calipers off the net, then take it to a main dealer when one of them went south.

[TooMany2cvs]

Zulu 10 said:

TooMany2cvs said:

Zulu 10 said:

which presumably means that they should refund/replace in a more timely fashion than 4-6 weeks?

There's nothing about speed of a refund, only that you should be getting a refund. Which you are.

Zulu 10 said:

How should I proceed?

Well, you can ask them nicely. And, if they don't agree, you can take them to court. Waiting a month for the refund might just be quicker and easier.

Many thanks for that clarification, but please note the "if successful" caveat in the sentence from which I quoted. With something like a brake calliper there's no traceability and therefore no comeback if the manufacturer says "no, that calliper was fine". What happens then? Or am I expected to keep the vehicle off the road for 4-6 weeks?

Bear in mind it's entirely possible for a perfectly good caliper to be butchered by some ham-fisted muppet during fitting...

Consumer rights don't extend to refunds for things the consumer breaks shortly after buying.

[petrolbloke]

TooMany2cvs said:

There's nothing about speed of a refund, only that you should be getting a refund. Which you are.

Are you sure?

legislation.gov.uk said:

(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

http://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

[TooMany2cvs]

Zulu 10 said:

I'm not going to take the 'ham fisted muppet' personally...

It wasn't intended specifically at you, just as an example of why they won't just say "Oooh, terribly sorry, Sir, here's your money straight back."

Think about the typical knuckle-dragging wuckfit leaning against their counters...

[petrolbloke]

Zulu 10 said:

I think the key there is the point at which "...the trader agrees that the consumer is entitled to a refund." or is the duration of the decision process constrained?
i.e. It took us three months to examine the calliper, and after that we agreed it was faulty so we sent a cheque immediately.

Hmm, well in the first 6 months it's presumed to have been faulty from time of purchase unless they can prove otherwise (i.e. damaged seals or forign objects/contamination caused by you). Might be worth ringing citizens advice to see what their take on it is?

It might also be worth you trying other avenues (phone and in branch) - my experience with e-mailing the customer service department is pretty poor! This has worked for me with other companies in the past.