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relocated's picture
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RE: Analogue Seduction won't play ball

As has already been said, Major, just keep calm, nothing will happen overnight [ unless the retailer comes to his senses] but YOU WILL PREVAIL.

The only bully in this sorry tale is the retailer and I trust that as many potential customers read your thread and steer clear of them.  You would think that retailers in this sector realise that hifi is a family and bad news travels a long way.

There is no accounting for stupidity though.

Best of luck, I will be pleased to hear of your final victory.    :read:

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RE: Analogue Seduction won't play ball

MajorFubar wrote:

Thanks. I have given them written notice (by email) that I am exercising my rights as detailed in the Sale of Goods Act to reject the item as not being of satisfactory quality. I've even forwarded links they can look at online, specifically

http://www.lawontheweb.co.uk/Consumer_Rights/Faulty_Goods

and

http://sogahub.tradingstandards.gov.uk/sogaexplained

...both of which outline their obligation as a retailer and my expectation as a customer. Even so, as it stands they refuse to accept I have a claim above and beyond the manufacturer's warranty. Previously when I told them I would have a right to recompense through a small claims court, Gary replied by saying that he would not be bullied or intimidated by threats of court.action. Not bullying at all, just pointing out my rights. If anyone's using bullying tactics, it's him by refusing to acknowledge his obligations under the Sale of Goods Act. It's not my fault he doesn't understand them or seems to feel they don't apply to him.

 

Personally I would write another email so that your last paragraph is recorded in correspondence. Ie that they have claimed it is bullying and you are making it clear you are simply enforcing your statutory rights. I would also ask them on what grounds they say you are not entitled to a repair / replacement. Any outcome is useful, be it no response at all, an indication of misunderstanding of the applicability of the law or a claim from them that they expect the dac only to function for a year or less. 

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RE: Analogue Seduction won't play ball

Hi Ben no worries I did that immediately after his response. I explained very clearly that I didn't at all want to go down that route but that I was concerned that he didnt appear to acknowledge his responsibilty as the retailer to sort this amicably. No response. 

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RE: Analogue Seduction won't play ball

Well no response leaves you with only two options now:

a) Check exactly where you stand with Trading Standards and if it as you believe issue your claim in the Small Claims Court.

b) If you do not want to do that or your position is weaker than you think (having checked with TS as in a above) decide whether to accept their offer or forget the whole thing and buy a different replacement elsewhere.

I will be very interested in the outcome and as I said earlier I will not be darkening their door.

Best of luck.

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RE: Analogue Seduction won't play ball

The answer's 'a'  Wink

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RE: Analogue Seduction won't play ball

If you've got no response by Wednesday I would contact again asking them to confirm the correct address for service of court documents. Maybe that will make them realise you're not going to roll over. 

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RE: RE:

Warning him that you are prepared to take court action isn't bullying, it's just being fair to him by making him aware that you are prepared to go down that route if he will not settle things amicably.

Put in writing exactly what outcome you are looking for and set a deadline of 14 days for action.Then the balls in his court. I wouldn't bother "checking" addresses to send court papers to; a lot of people bluff about court action and then bottle it. In my experience, it's only receipt of the actual court paperwork that tells them you are serious and forces a response.

I have been down this route a few times and always won, with the largest retailer to roll over on receipt of court papers being Marks & Spencer, who I'm sure have a sizeable legal department and budget.

 

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RE: Analogue Seduction won't play ball

Well guys, there has been progress.

If you remember, the final email I sent to him last night told him that I was exercising my rights under the Sales of Goods Act to reject the item as not being of "satisfactory quality". You may recall I warned him that If he failed to accept my demands within 14 days of the email, I would be seeking advice on pursuing my claim further. For his reference, and so that he could see I wasn't just being a bolshy awkward customer, I also sent him this:

http://www.lawontheweb.co.uk/Consumer_Rights/Faulty_Goods

...and this:

http://sogahub.tradingstandards.gov.uk/sogaexplained

 

I received a reply this afternoon:

 

Thank you for bringing all the links to our attention. We are extremely disappointed in the outcome ourselves, we would have liked to have seen HRT repair or replace the unit for you at no cost to yourself and indeed to us.

As I'm sure you will understand we are at the mercy of the manufacturer, if we had this situation constantly when a product is out of its warranty and repaired or replaced products free of charge outside the warranty period this would have a negative impact on us as a business, as I'm sure you understand.

We do not wish to upset any of our customers and always want to support them at all costs so they return to us in the future. We are going to send you a new unit at our cost and we are taking up this matter further with HRT. I trust this is to your satisfaction, if you have any further questions please do not hesitate to contact me.

Kind regards

Gary

Director

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RE: Analogue Seduction won't play ball

That's brilliant news!! :clap:

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RE: Analogue Seduction won't play ball

Well good news for you (result) bad news for the retailer, I bet you are pleased with the outcome. Smile

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RE: Analogue Seduction won't play ball

I do pitty him a bit as he clearly doesn't have a good arrangement with HRT and he'll probably end up out of pocket.  But it looks like he's realised that I wasn't going away.

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RE: Analogue Seduction won't play ball

Hooray!  Smile Well done  :clap:

 

It would be interesting to know what the normal terms on repair / replacement out of warranty are between retailer and manufacturer, I wonder whether any retailers might tell us?

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RE: Analogue Seduction won't play ball

Absolutely brilliant.  A proper result and no blood on the carpet.  Thanks for updating us.   Dance 4

Apple lossless - Netgear Nighthawk - ATV3 - AVI ADM 40.  

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RE: Analogue Seduction won't play ball

MajorFubar wrote:
I do pitty him a bit as he clearly doesn't have a good arrangement with HRT and he'll probably end up out of pocket.

This is an aspect that many don't realise exists. There are some manufacturers who won't accept a faulty product back for replcament once 14 days have elapsed from the original sale! 

While the law firmly falls on the buyer's side, which is no bad thing for obvious reasons, it really doesn't do any favours for the retailer who more often than not has to replace at their expense - why? The manufacturer made the product! When a product isn't 'fit for purpose', that is a manufacturing issue! But it is the retailer that is penalised for supporting the manufacturer by selling the product in the first place. This is one reason why we have now cut down on products that could jeopardise our business.

Or government doesn't seem to know how to look after small businesses.

DavidF @FrankHarveyHiFi, Coventry.

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RE: Analogue Seduction won't play ball

FrankHarveyHiFi wrote:
This is one reason why we have now cut down on products that could jeopardise our business.

Good.

If a manufacturer can't support their own products then they shouldn't be in business.

Can you name any names? (It's not as if you stock them any more and it would be a service to the forum readers.)

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