Goods not fit for purpose

[CYNthesys]

Last September my son bought a radio controlled nitro buggy costing nearly £300. He paid for it by credit card.
He's had problem after problem with it from day1, and he's not getting anywhere with the retailer, they are just choosing to ignore him.
Is it still the case that he can claim the cost back from his credit card provider, as the goods have not been fit for their purpose. The buggy is unusable.

[Amy]

Re: Goods not fit for purpose

There is a 120 day time limit to begin a chargeback claim.

Have a search of Cet's posts, he's written a lot about this subject. This one should start you off in the right direction.

[charitynjw]

Re: Goods not fit for purpose

There is a 120 day time limit to begin a chargeback claim.

Have a search of Cet's posts, he's written a lot about this subject. This one should start you off in the right direction.

Is there a link missing, Amy?

[Amy]

Re: Goods not fit for purpose

Oops!

Mobile phone issues - Legal Beagles Consumer Forum

[Guest]

Re: Goods not fit for purpose

He can claim the cost back from the card issuer for up to six years, provided that he has a valid cause of action. The 120 days is for Visa Debit card chargeback claims.

[CYNthesys]

Re: Goods not fit for purpose

Do you think thats a simpler route than issuing a claim in the small court?

He only had it for less than a fortnight, and had only used it twice when a problem arose. He conrtacted the retailer and had to sent it back at his own cost (£15) only for them to then claim that he had misused it. He's repeatedly had to buy replacement parts, bits keep snapping etc, and its still under guarantee.

He emailed them about 4 weeks ago to express his dissatisfaction and said he wanted to arrange an independant inspection. They just ignored him.

What do you suggest please?

[Guest]

Re: Goods not fit for purpose

Full details of the process can be found here. New Member Advice - Legal Beagles Consumer Forum

It is unlikely that you will have to issue a county court claim, since the credit card provider should refund the sum claimed. However, they sometimes need some encouragement.

[genadvice1]

Re: Goods not fit for purpose

Dear CYNthesys,
If you are unable to get a chargeback claim using your bank, do not worry.
The information given below may be able to help you out.

Under the Sales of Goods Act 1979:
• Since you purchased the product from an online retailer, the responsibility lies with the retailer and not the manufacturer to provide refund or repair should the product develop a fault
• Also, you are entitled to a replacement, depending on potential costs involved. In other words, if it is cheaper for the retailer to provide a replacement rather than a repair, then this would seem fair
• The product was only used twice and a fault became apparent after only two weeks (wasn't sure if fault became obvious on day 1 or within the first 2 weeks). This means, that there is a good chance that the product was faulty right from the start
• The product should last a reasonable amount of time. So, you would expect such an expensive product to last at least 12 months. Radio controlled equipment usually comes with one year warranty (not always though), therefore it might be a good idea to check manufacture’s website in regard to this
• The product was not of satisfactory quality, since it only lasted two weeks before a fault developed (wasn't sure if fault became obvious on day 1 or within the first 2 weeks)
• The product was not fit for the purpose, because it did not work in the way intended. If you could not drive it, then it is not fit for purpose
• Have a look at the retailer’s website. It should have a section on returns and refunds. If no such information is available on their website, the retailer is standing on shaky ground
• It is up to the retailer to prove that the product did not have a fault to start off with (if the fault became apparent within the first six months). After six months this responsibility falls on the consumer. Therefore, because you contacted the retailer within the first six months, they will have to prove that it was not faulty to start off with and the fault occurred due to misuse

It is very unprofessional to ignore emails from customers, so you may want to talk to Trading Standards about that. The retailer is clearly breaching your rights as a consumer and that is not acceptable.

In terms of costs for postage and packaging, the retailer should pay to have the product returned to them. You should not have to incur any additional chargers and the retailer should arrange someone to collect the faulty product.

What you can choose to do now (if the chargeback did not work) is to send a letter before action to the retailer (it’s best to use first class recorded delivery or next day recorded delivery). Also, send exactly the same letter before action in an email to the retailer.

The letter before action should give a minimum of 7 days notice, to allow the retailer to deal with this matter. You may want to give 14 days notice instead – if you prefer.

In this letter you need to explain the situation and tell the retailer what you want them to do. Also, you must state that you give the retailer 7 (or 14 if you wish) days to provide you with a refund or replacement (if that is what you want – you may want a repair instead). Explain that after 7 days if you do not receive a satisfactory reply, you will apply to small claims court.

If after 7 days (or the specified number of days), you do not hear from them, apply to small claims court. The set fee for applying to small claims court is 25 pounds. Include this fee in your claim and add 8% interest under section 69 of the county courts act 1984. Also, you can ask the court if you can add to the claim the money you had to spend on replacement parts. Don’t forget to add the cost for sending letter before action to retailer to claim as well.

It is unlikely that the retailer will win the case, considering the way you have been treated. To be honest, you have little to loose, as it will cost you 15 pounds to send the product back to retailer. So by adding an extra 10 pounds, you are in with a good chance of getting your 300 pounds back, if you go through small claims court.