Consumer Rights help on 2nd hand goods
Discussion
Can I ask a quick question of those more knowledgeable than me? This is of course a hypothetical question.
I bought a 2nd hand watch for £10k
Owned for approx 8 weeks in total.
4 weeks of that was during lockdown so all non essential shops closed.
Watch sent to manufacturers for service just after lockdown ended as I like things to be serviced at the correct intervals.
Manufacturers call to say there is significant damage to watch internally and needs £3k to repair.
Seller insists was mint on dispatch and has pretty much dismissed my contact. Seller is registered business
I have hardly worn as working from home and I own other pieces and have never damaged a watch in my possession, let alone to require significant repairs- this is probably irrelevant and of course is impossible to prove!
Where do I stand in terms of my rights under CRA?
I know how it works with cars and rejections/ repair - is it the same with other goods?
Thanks all
I bought a 2nd hand watch for £10k
Owned for approx 8 weeks in total.
4 weeks of that was during lockdown so all non essential shops closed.
Watch sent to manufacturers for service just after lockdown ended as I like things to be serviced at the correct intervals.
Manufacturers call to say there is significant damage to watch internally and needs £3k to repair.
Seller insists was mint on dispatch and has pretty much dismissed my contact. Seller is registered business
I have hardly worn as working from home and I own other pieces and have never damaged a watch in my possession, let alone to require significant repairs- this is probably irrelevant and of course is impossible to prove!
Where do I stand in terms of my rights under CRA?
I know how it works with cars and rejections/ repair - is it the same with other goods?
Thanks all
Edited by WelshBoltonBBBB on Friday 18th December 21:46
Is it a private sale or from a retailer?
This is from a quick google
The consumer guarantees apply to second-hand goods in the same way as new goods, as long as the goods fit within the above description. However, consumer guarantees will not apply to one-off private sales between individuals where the seller does not obtain an income from regular selling activities.7 Dec 2015
This is from a quick google
The consumer guarantees apply to second-hand goods in the same way as new goods, as long as the goods fit within the above description. However, consumer guarantees will not apply to one-off private sales between individuals where the seller does not obtain an income from regular selling activities.7 Dec 2015
steve2 said:
Is it a private sale or from a retailer?
This is from a quick google
The consumer guarantees apply to second-hand goods in the same way as new goods, as long as the goods fit within the above description. However, consumer guarantees will not apply to one-off private sales between individuals where the seller does not obtain an income from regular selling activities.7 Dec 2015
Apologies, it’s from a business. I’ve googled it too and just wanted some clarity. How would the seller prove the damage wasn’t there on dispatch? Full report with photos? Time stamped and dated? This is from a quick google
The consumer guarantees apply to second-hand goods in the same way as new goods, as long as the goods fit within the above description. However, consumer guarantees will not apply to one-off private sales between individuals where the seller does not obtain an income from regular selling activities.7 Dec 2015
WelshBoltonBBBB said:
So as I read the CRA it appears to be in my favour given the protection for the first 6 months- is that right?
Yes. The onus is on the seller to prove the fault was not present. Only a court can decide on the standard of proof.If the seller won't be reasonable try trading standards.
Servicing, for a 10k watch
If you've 4 fingers and a thumb, you can DIY. Depending on brand, most of the equipment is available online. Bezel pusher, back plate twister etc.
The only thing that's a bit hard to get hold of is the coloured resin to set the mechanism.
I do this for everythinges, if I can.
I'm currently running iPhone 5 It has a new battery, new memory 128gig. Accepts 13.1
Be a man and get down with the tools!
If you've 4 fingers and a thumb, you can DIY. Depending on brand, most of the equipment is available online. Bezel pusher, back plate twister etc.
The only thing that's a bit hard to get hold of is the coloured resin to set the mechanism.
I do this for everythinges, if I can.
I'm currently running iPhone 5 It has a new battery, new memory 128gig. Accepts 13.1
Be a man and get down with the tools!
I take it the watch was working and keeping time both when you received it and when you sent if off (as you said you just like to keep to the correct intervals)?
I can't see how the retailer could have known about any damage; I'm also concerned about how hard the service centre are pulling down your trousers. Surely any significant damage to a watch is going to be obvious when it slows/stops/loses the date/whatever?
I can't see how the retailer could have known about any damage; I'm also concerned about how hard the service centre are pulling down your trousers. Surely any significant damage to a watch is going to be obvious when it slows/stops/loses the date/whatever?
Thanks for the replies. It’s the mid- case that is damaged and is £2.4K replacement plus new back cover, plus a service takes it around 3k mark If I could get the parts I’d consider it but parts are just not available. The watch must have taken a fair impact to have done this and I know for a fact it’s not been done in my possession
Edited by WelshBoltonBBBB on Sunday 20th December 12:53
; I'm also concerned about how hard the service centre are pulling down your trousers. Surely any significant damage to a watch is going to be obvious when it slows/stops/loses the date/whatever?
[/quote]
Ive had this with the service centre for Omega in Singapore , I put both mine and my wife's seamasters in for a service, mine was the strap was coming loose and the wifes was loosing time.
they phoned me to give me a huge estimate for mine and to say my wife's was scrap.
I went to find out why this was the case and they said mine at 42mm auto needed a new case and new strap and a new glass due to heavy scratches, I said all i wanted was the strap repaired and a quick service as it was my work watch and still is quite beaten up. got it back and had an independent sort it out.
My wife's is a smaller 35mm? and they said it was scrap as the quartz was beyond repair and it had been scrapped , i said I wanted it back and could they not fit a new movement , they said they could not fit a new movement and it was definitely scrap i insisted it was returned and after much to arguing they returned the watch to me which i took to the same independent and he fitted a new quartz movement to it he said it was the same movement as original but im sure it would not be marked up as omega as both watches where repaired for less than 100 sing.
the Service centre certainly tried to have my trousers down, this was about 15 years ago and both watches are still running fine my wifes with a couple of battery changes since.
[/quote]
Ive had this with the service centre for Omega in Singapore , I put both mine and my wife's seamasters in for a service, mine was the strap was coming loose and the wifes was loosing time.
they phoned me to give me a huge estimate for mine and to say my wife's was scrap.
I went to find out why this was the case and they said mine at 42mm auto needed a new case and new strap and a new glass due to heavy scratches, I said all i wanted was the strap repaired and a quick service as it was my work watch and still is quite beaten up. got it back and had an independent sort it out.
My wife's is a smaller 35mm? and they said it was scrap as the quartz was beyond repair and it had been scrapped , i said I wanted it back and could they not fit a new movement , they said they could not fit a new movement and it was definitely scrap i insisted it was returned and after much to arguing they returned the watch to me which i took to the same independent and he fitted a new quartz movement to it he said it was the same movement as original but im sure it would not be marked up as omega as both watches where repaired for less than 100 sing.
the Service centre certainly tried to have my trousers down, this was about 15 years ago and both watches are still running fine my wifes with a couple of battery changes since.
WelshBoltonBBBB said:
Thanks for the replies. It’s the mid- case that is damaged and is £2.4K replacement plus new back cover, plus a service takes it around 3k mark If I could get the parts I’d consider it but parts are just not available. The watch must have taken a fair impact to have done this and I know for a fact it’s not been done in my possession
As you have not said otherwise, I am guessing the watch was working ok when you sent it for service, I am no watch expert but surely damage that is not affecting it's operation can be left and just have the service done. I have a Rolex with significant damage and several other things wrong, but the price I paid refected this and it works ok, so I'm happy and I just get it looked at annually by a local dealer.Edited by WelshBoltonBBBB on Sunday 20th December 12:53
As already mentioned, several of the so called well known experts and repair shops have reputations little better than that of a used car dealer off the Romford Road
So yes I paid by c card, so will be following that up- also Rolex won’t service the watch until the case is replaced because of the damage. Catch 22! They dont want to service as they can’t guarantee the watch will be watertight. I’m very cynical about all of this to be fair, the outside of the watch is immaculate so I’m very confused! Yep, and watch working fine prior to sending off.
Section 75 only holds the financier and seller equally responsible. It isn't a money back guarantee for second hand goods.
With secondhand goods, you still have that mountain to climb to show that it was reasonable, given the age and price paid, to assume that the watch was in perfect "as new" condition when you bought that watch, instead of a new one.
Good luck
With secondhand goods, you still have that mountain to climb to show that it was reasonable, given the age and price paid, to assume that the watch was in perfect "as new" condition when you bought that watch, instead of a new one.
Good luck
TVR1 said:
Servicing, for a 10k watch
If you've 4 fingers and a thumb, you can DIY. Depending on brand, most of the equipment is available online. Bezel pusher, back plate twister etc.
The only thing that's a bit hard to get hold of is the coloured resin to set the mechanism.
I do this for everythinges, if I can.
I'm currently running iPhone 5 It has a new battery, new memory 128gig. Accepts 13.1
Be a man and get down with the tools!
I wonder whether it is possible to miss the point more than you have missed it here?If you've 4 fingers and a thumb, you can DIY. Depending on brand, most of the equipment is available online. Bezel pusher, back plate twister etc.
The only thing that's a bit hard to get hold of is the coloured resin to set the mechanism.
I do this for everythinges, if I can.
I'm currently running iPhone 5 It has a new battery, new memory 128gig. Accepts 13.1
Be a man and get down with the tools!
hutchst said:
Section 75 only holds the financier and seller equally responsible. It isn't a money back guarantee for second hand goods.
With secondhand goods, you still have that mountain to climb to show that it was reasonable, given the age and price paid, to assume that the watch was in perfect "as new" condition when you bought that watch, instead of a new one.
Good luck
Thank you for this- given the description was “immaculate “ and 9.5/10 - appreciate this is subjective but surely this points to the subjective condition?With secondhand goods, you still have that mountain to climb to show that it was reasonable, given the age and price paid, to assume that the watch was in perfect "as new" condition when you bought that watch, instead of a new one.
Good luck
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