What would YOU do next?

[Medskipper]

I bought a Silva s15 dsc vhf radio for my boat last spring. Fitting went well, all linked with the gps and all worked well!

During August took the boat on hols along south coast to Poole, First time I used the radio properly, everything operated well until the second week of our hols when the sound just packed up. Everything fired up but no sound at all, so phoned Silva and they said sorry about that if you stop off at Poole we will arrange a replacement from a local chandlery. I thought what a great service nice people to do business with!

On the way back home we had a few rough rides with spray over the flybridge. When the sun came out and warmed the screen of the replacment radio it all misted up! so I now have water in the radio!
Now this thing is said to be waterproof and can be imersed in water to a depth of 1m and still should work! so I phone up Silva again and they say very sorry we will send you another radio, when I get it would I pack up the one with water in it and send it back in the same packing? I say no problem. This was August last year and I have chased them many times and still no replacement has arrived!

There always seems to be a good reason for them not sending it i.e. : we were so busy after SBS, we don't have the same model, new one coming in would you like that? as if! then its Christmas and now its we are preparing for London Boat show, etc etc.

I feel I am really getting the run around now, does the panel think they are trying to wait until the guarantee runs out? what would your next step be?

Happy New Year to one and all,

Barry

 

[plombier]

If you haven't already done so I would think that a letter to Silva detailing the situation would be in order. Don't rely on 'phone calls - they have a nasty habit of being ignored/denied/forgotten about.

 

[Anthony]

I agree, write to them, send it recorded, and detail the phone calls, esp if you have itemised billing and can look up when you made the calls. Copy the letter to your local trading standards office and PBO too.

Anthony

 

[DepSol]

you are not the first and there is a big long queue ahed of you.

Dom

 

[Tony7]

Tell them youll meet them at the boat show to do the swop, and prepare for a long period of campaigning at their stand, telling everyone who visits the stand about your problems, hire a drum and march up and down protesting, take nuclear warheads, sub machine guns and a batillion of the parras. shoot them and mount there heads on pikes at each corner of the stand, If all else fails did you buy it on plastic? if so inform the card company. Good luck.

 

[pissativlypossed]

All of the above plus a small claims court summons, they are very easy to action, my guess would be that it would help to focus the mind and you would get your replacement quickly.

 

[Nick2]

Is your contract not with the original supplier rather than the manufactuer?

If this is the case why not get them involved?

Nick

 

[Solitaire]

Why piss about? As the product is clearly not up to the task demand your money back! /forums/images/graemlins/mad.gif It would suggest to me that any replacment is not going to be satisfactory

 

[plombier]

Found the following on a UK caravanning web site that may be of use:

Consumer Rights - Returning Faulty Goods


--------------------------------------------------------------------------------

We hope you won't have to use this section but it will prove very useful if you do!

Rights: When you buy something from a retailer you have rights under the Sale of Goods Act often referred to as your statutory rights. The law states that when you buy goods, they must meet the description given, be fit for purpose and be of satisfactory quality. In practice this means that not only must it do what it is supposed to do but it must also be in good condition, free of faults, safe, and must last a reasonable length of time.

The definition of a 'reasonable time' varies from product to product but you can make a claim on anything up to six years after you've purchased it (except in Scotland, where the limit is five years). And crucially if you do have a claim it is the retailer - not necessarily the manufacturer - who is liable.

To make a claim any breakdown has to be the result of a defect that was present at the time of purchase even if you weren't previously aware of it. So if an electronics product has defective soldering when you buy it you may not realise this until it causes a problem later on but you should still be able to make a claim because the product wasn't of satisfactory quality.

Problems: Because of the implicit ambiguities you wouldn't expect retailers automatically to offer to fix any product for free. However you might expect them to admit that they may be responsible for repairing the fault for free. Unfortunately this is rarely the case. A recent Which? survey found that barely more than 10% of shops responded to an out of guarantee claim by acknowledging that a free repair might be possible under appropriate circumstances!

Claiming: If you think you have a claim, be persistent. Don't expect help from the shop where you bought the goods. Follow this advice from Which?

Contact head office: Save yourself some grey hairs by contacting the head office first. Be firm, explain that you think your product hasn't lasted a reasonable amount of time and say that you'd like it investigated and repaired or replaced if it turns out to be faulty.

The evidence: If the goods are less than six months old, it's up to the retailer to prove that the fault wasn't present at the time of purchase. For anything older the seller is entitled to ask you to provide evidence of the fault. This isn't difficult you just need to contact an independent repairer and ask them to produce a report. It shouldn't be too expensive and if you have a successful case you should be able to claim back up to £200 from the retailer in the small claims court.

The repair: Once you know that the problem is caused by a manufacturing fault ask the retailer to repair or replace your appliance. If the cost of doing this is disproportionate the retailer can offer a refund instead. This might not be a full refund depending on how much you've used the product. If you don't want to wait for the retailer to assess your claim you can pay someone else to fix the item. As long as they provide evidence of a manufacturing fault you'll be able to claim the cost of repair from the retailer.

If all else fails: If you have a claim that the retailer won't settle, you can take them to the small claims court. The judge can order the retailer to settle the claim and pay legal costs.

Hopefully, things will never get that far. But, until shops sort their act out you might have to force them to respect your statutory rights - because you'll probably know more about the subject than they do.

 

[Medskipper]

I forgot to mention that I have written several times as well!

Barry

 

[jfm]

Plombier that article from the caravan magazine is wrong in law on a couple of points.

The "up to 6 years" refers to the statute of limitations, which is of little relevance to this subject

You cannot enforce your right to reject the goods and demand refund once you have "accepted" them. Acceptance is more like 6 weeks than 6 years. This whole aspect is complex, I'm only scratching the surface

They are incorrect in saying that the winner gets his legal fees refunded if he wins in the small claims court. He doesn't.

With reference to Nick2 's post, remeber you have 2 contracts. There is the purchase xcontract. Your consumer rights are enforceable against the retailer with whom you have a purchase contract. Then there is the manufacturer's warranty, which is not (much) covered by consumer legislation so it depends on its own small print, and this contract is with the manufacturer not the retailer (the retailer might execute the contract as authorised agent of the mnuafacturer nut that's of no consequence). If you are having a fight, it will help if you keep this distinction clear else you can get all mixed up and put your foot in it

I suspect that in this Silva case, as it's beyond 6 months, the battle is with Silva the manufacturer under the warranty, not the retailer.

 

[duncan]

dangerous little slip - I think it is a Silva not a Simrad....... /forums/images/graemlins/crazy.gif

 

[jfm]

Silva, not Simrad

Thx Duncan, my mistake, all corrected now