Sales of Goods Act.... Any used this against a company before?
07 October 2015, 02:36 PM
#1
Sales of Goods Act.... Any used this against a company before?
More BT woes from me I'm afraid!
I've got a BT8500 twin telephone set which I've had for just under 9 months. Is it unreasonable for me to expect these to last for 9 months with very light use? I've had it out with their manager stating that they are in breech of their contact of sale because the goods are of not satisfactory quality, as described or fit for purpose which comes under the Sales of Goods Act. The telephones are both constantly cutting out and rebooting even when next to the main cradle, the range on the box states 50m and they only manage 20m, plus the box says excellent sound quality which they are not!
The BT manager say he can only replace them and not issue me a full refund. I kept telling him he was wrong due to my reasons above but he wasn't having it. Am I wrong here? I just want to bin the things and get some decent Panasonic ones or something. Hell, get fibre to me and then I won't even need a phone line!
I'm going to send a letter now and threaten to take them to the small claims court if they do not settle my claim of a full refund within 10 days from the date of my letter but before I do, am I in the right or wrong? It's only bloody £49.99 but surely a telephone should last 2 years minimum without being riddled with faults. The manager tells me if it was under 14 days then it would be fine but there is no time frame under the Sales of Goods Act, just fit for purpose, satisfactory quality and as described...
I've got a BT8500 twin telephone set which I've had for just under 9 months. Is it unreasonable for me to expect these to last for 9 months with very light use? I've had it out with their manager stating that they are in breech of their contact of sale because the goods are of not satisfactory quality, as described or fit for purpose which comes under the Sales of Goods Act. The telephones are both constantly cutting out and rebooting even when next to the main cradle, the range on the box states 50m and they only manage 20m, plus the box says excellent sound quality which they are not!
The BT manager say he can only replace them and not issue me a full refund. I kept telling him he was wrong due to my reasons above but he wasn't having it. Am I wrong here? I just want to bin the things and get some decent Panasonic ones or something. Hell, get fibre to me and then I won't even need a phone line!
I'm going to send a letter now and threaten to take them to the small claims court if they do not settle my claim of a full refund within 10 days from the date of my letter but before I do, am I in the right or wrong? It's only bloody £49.99 but surely a telephone should last 2 years minimum without being riddled with faults. The manager tells me if it was under 14 days then it would be fine but there is no time frame under the Sales of Goods Act, just fit for purpose, satisfactory quality and as described...
Last edited by LSherratt; 07 October 2015 at 02:40 PM.
07 October 2015, 02:46 PM
#3
Just under 9 months ago when I got them but I've had enough with them which is why I am only just complaining now. I know it's a long time but like I said, there's no time frame stated anywhere? I know the length of time will be the problem here but surely that doesn't matter?
Last edited by LSherratt; 07 October 2015 at 02:49 PM.
07 October 2015, 05:18 PM
#5
The guy from BT is right. If your item has become faulty more than 30 days after purchase, you're entitled to a free repair or replacement, but not a refund:
http://www.which.co.uk/consumer-righ...e-of-goods-act
http://www.which.co.uk/consumer-righ...mer-rights-act
http://www.which.co.uk/consumer-righ...e-of-goods-act
http://www.which.co.uk/consumer-righ...mer-rights-act
07 October 2015, 10:14 PM
#7
I would advise you send a letter to the MD:
libby.barr@bt.com
Ms Libby Barr
Don't be threatening, just explain the issues you've had.
I have done it a couple of times and always got what I wanted.
libby.barr@bt.com
Ms Libby Barr
Don't be threatening, just explain the issues you've had.
I have done it a couple of times and always got what I wanted.
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07 October 2015, 11:40 PM
#8
Sadly for you, BT are operating within the law by offering you a replacement. Personally speaking, I believe the product should last longer than that without problems, but to be fair to them, they are offering something to you (even if it's not what you want), so I'm not sure you'd have much luck in a small claims court.
That said, it can't hurt trying what ScoobyLou has suggested. I too, have done that more than once and had success. Very recently with Argos, when the store was quite dismissive regarding a faulty mobile, but contacting someone high up, and all I had to do was return it directly to her, and I was sent a full refund. On that occasion, it was only in the form of a gift card, but still, it was for the full value paid. If I had just accepted the decision made in store, I would have got nothing.
It's worth a try, but like SL says, don't come across as threatening and spouting off about Sale of Goods etc. just explain the situation, say you don't think the person has been reasonable, given it's age (if the problems have been apparent prior to the 9 months you've had it now, say that as well, and even state you know you should have really contacted BT sooner), and tell of your concerns regarding a replacement, as in you'd worry you'd have the same problems. If you have no joy getting a full refund, then perhaps reply asking whether you'd even be able to get a partial refund, which would account for the time you have had use out of it. It all depends on the individual company as to how willing they are to keep a customer happy, but for the sake of an e-mail or two, it's worth a shot.
That said, it can't hurt trying what ScoobyLou has suggested. I too, have done that more than once and had success. Very recently with Argos, when the store was quite dismissive regarding a faulty mobile, but contacting someone high up, and all I had to do was return it directly to her, and I was sent a full refund. On that occasion, it was only in the form of a gift card, but still, it was for the full value paid. If I had just accepted the decision made in store, I would have got nothing.
It's worth a try, but like SL says, don't come across as threatening and spouting off about Sale of Goods etc. just explain the situation, say you don't think the person has been reasonable, given it's age (if the problems have been apparent prior to the 9 months you've had it now, say that as well, and even state you know you should have really contacted BT sooner), and tell of your concerns regarding a replacement, as in you'd worry you'd have the same problems. If you have no joy getting a full refund, then perhaps reply asking whether you'd even be able to get a partial refund, which would account for the time you have had use out of it. It all depends on the individual company as to how willing they are to keep a customer happy, but for the sake of an e-mail or two, it's worth a shot.
08 October 2015, 12:03 PM
#10
A 50M range is based on unobstructed line of sight. So if you can get 20M range indoors, you are very lucky. If your 20M range is by unobstructed line of sight, then the phone does not meet manufacturers claims.
So, if your phone actually is faulty, then as far as the law is concerned, after 9 months has passed, they have a duty to fix it, not replace it or refund you. If your phone was like this right from the start, you should have done something about it immediately, not wait 9 months. If it only just started doing it now, then your contract of sale is with the supplier that sold it to you.
Part (ii) section 14, and part (5a) section 48b of the sale of goods act applies in your case.
So, if your phone actually is faulty, then as far as the law is concerned, after 9 months has passed, they have a duty to fix it, not replace it or refund you. If your phone was like this right from the start, you should have done something about it immediately, not wait 9 months. If it only just started doing it now, then your contract of sale is with the supplier that sold it to you.
Part (ii) section 14, and part (5a) section 48b of the sale of goods act applies in your case.
08 October 2015, 06:10 PM
#11
If you are deciding to change models, having specifically stated Panasonic, I would advise you to avoid the KX-TG8421 handsets - my gripe with those is the audio on the incoming call can not be made loud enough. I have 4 of these throughout my home and all are the same.
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