Voltage spike on NMEA 0183

[pvb]

Section 75 requires a lot of paperwork and, in my experience so far, is a complete waste of time and one would probably be better of spending the time on Small Claims which I have always found to yield the right result.

Some years ago, I had a similar situation and started a Small Claims action, naming the retailer and NatWest bank as joint defendants. On the day of the hearing, about 15 minutes before the appointed court slot, a solicitor for NatWest offered me a full refund plus costs.

 

[RobBradley]

Under the sale of goods act, it must be as described, reasonably reliable and fit for purpose.

Your contract of sale is with the retailer, unless they specified at sale they were supplying above and beyond the standard 12 months, then any warranty after that provided by the manufacturer, it is down to them to address your fault. (sometimes a manufacturer will issue a product with 3 year warranty, most suppliers will only deal with first 12 months, after that refer you to the manufacturer, and its in their right, unless they also provide a further warranty (sometimes with cameras etc). Check your paperwork

If it is faulty, either supplier or manufacturer needs to either repair, replace or offer a refund in full.

I would be battering who is responsible, and if needed, include preparing small claims court form, sending him a copy with a "if we do not reach an agreement within xx days, then I will have no option but to file this with court".

Never failed!

If they are saying it failed because of over voltage, I would name here only to see if anyone else has suffered the same, this would give backing to a warranty claim, and if there are many, it would cover the "up to six years from purchase" side of the sale of goods act protection, you have validity to a manufacturing fault claim.

 

[RichardS]

Some years ago, I had a similar situation and started a Small Claims action, naming the retailer and NatWest bank as joint defendants. On the day of the hearing, about 15 minutes before the appointed court slot, a solicitor for NatWest offered me a full refund plus costs.

Indeed so. Credit card companies seem to be determined to duck and weave ad infinitum to defeat any Section 75 claims and I would not bother with it again.

In my case, it is slightly more complicated as I am invoicing the retailer on a monthly basis going back several months now for consequential losses arising from their failure to twice supply a product which was fit for purpose. This part of the claim is not covered by Section 75 so I am trying to keep the return of my actual costs separate from the losses claim which I will want the County Court claim to focus on. I will probably be beyond the £10k maximum claim limit but the maximum will buy a few beers.

Richard