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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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.
The answer's 'a'
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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.
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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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:
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.
That's brilliant news!!
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Well good news for you (result) bad news for the retailer, I bet you are pleased with the outcome.
formerly known as slewis ---
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.
Hooray! Well done
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?
Absolutely brilliant. A proper result and no blood on the carpet. Thanks for updating us.
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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.
David @Frank Harvey Hi-Fi, Coventry
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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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Sorry, we still deal with them, as it isn't always a manufacturer in general, it can just be specific products.
Aren't you also protected by the sale of goods act? Ie the customer is enforcing his contract with you, but you can in turn enforce yours with the manufacturer (or distributer).
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