Consumer Goods Price Fixing?

[Snoopy1948]

I purchased a Humax 1000S Set Top Box in June 2015 from Currys that has given great service until yesterday when if effectively gave up. On investigation, power is reaching the box but I suspect it is a circuit board or power unit failure. I spoke to Humax customer services today and as the unit is three months out of warranty, they will only accept the box back for repair at a fixed cost of £110 to include carriage both ways.

Sensibly, since that's 60% of a new replacement box, it is best to buy a new one, which is my intention.

I noted that regardless of where you go to buy, be it direct from Humax, Currys, Argos, Amazon or even the little local retailer, the price is the same to the penny.
Does that mean that the manufacturer has total control over the fixed price, where in fact no outlet can offer a discount to secure your business? And is that effectively legal?

And what do you think my chances are of writing to Humax customer services, explaining the situation and requesting an ex gratia payment in consideration of a unit that should sensibly not expire at 15 month? Worth a punt? :beagle2222:

[des8]

Re: Consumer Goods Price Fixing?

Well you are covered by Consumer Rights Act 2015 Sec 9 (3) (e) durability!

[R0b]

Re: Consumer Goods Price Fixing?

I noted that regardless of where you go to buy, be it direct from Humax, Currys, Argos, Amazon or even the little local retailer, the price is the same to the penny.
Does that mean that the manufacturer has total control over the fixed price, where in fact no outlet can offer a discount to secure your business? And is that effectively legal?

It could be the based on the RRP rather than controlling the price of the goods. There are exceptions when the price can be fixred but that is very limited and legal advice is carefully taken. There could however, be anti competitive practices if Currys for example decided to tell Humax what price they would be intending to sell the goods and in such a way that it would be suggested that Humax would pass this information onto other retailers.

You'd need some hard evidence though before throwing accusations around though. If you are concerned you could report your concerns to the CMA anyway and if they feel there is merit, they will investigate.

[Snoopy1948]

Re: Consumer Goods Price Fixing?

Well you are covered by Consumer Rights Act 2015 Sec 9 (3) (e) durability!

Hi Des8 and thank you ...

As it seems to come down to that one word 'durability' , is there an acid test for such or does it all come down to opinion. Certainly I am of the opinion that 15 months and then kaput is not within my understanding of durability. I will certainly be penning Humax a letter, quoting the above Act and see their response. I have now learned that when you make such a complaint, where you feel that you are in the right, it's best to give an indication of anticipated resolution so I shall certainly ask for an ex gratia payment to cover my loss. I will update this thread if that's positive .... or otherwise!

[Snoopy1948]

Re: Consumer Goods Price Fixing?

It could be the based on the RRP rather than controlling the price of the goods. There are exceptions when the price can be fixred but that is very limited and legal advice is carefully taken. There could however, be anti competitive practices if Currys for example decided to tell Humax what price they would be intending to sell the goods and in such a way that it would be suggested that Humax would pass this information onto other retailers.

You'd need some hard evidence though before throwing accusations around though. If you are concerned you could report your concerns to the CMA anyway and if they feel there is merit, they will investigate.

Hi R0b and thanks for the response ...... I will be writing a letter of complaint to Humax but it will be intensively based on the durability of the product and whether 15 months is a fair useful life of their products ( which I suggest is clearly not ). As for the pricing issue, I might just gently mention that I notice that the item price is the same, to the penny, across all of the retail outlets that I have looked at and wondered if there was a reason for that?

[ostell]

Re: Consumer Goods Price Fixing?

Your claim under the CRA would be against Curry's, not Humax. You have no contract with Humax.

[R0b]

Re: Consumer Goods Price Fixing?

The problem is that finding evidence of price fixing is notoriously hard and even more difficult to prove. Without the evidence, how can you prove there is collusion going on and that competitors are not just copying each other? I always suspect that Apple is being anti competitive with their iphones and mobile contract plans (maybe i'm being biased ) with the prices usually being the same across all mobile operators..wouldn't surprise me though they have been fined for price fixing before in other countries, but just an example, it's hard to prove unless you come face to face with tangible proof.

[Snoopy1948]

Re: Consumer Goods Price Fixing?

Your claim under the CRA would be against Curry's, not Humax. You have no contract with Humax.

Does that confirm that I can only approach Currys under The Consumer Rights Act with regard to the durability issue? What is the situation when you have completed the Warranty Registration Form that is sent directly to Humax? Does that not constitute some form of contract between Humax and myself?

I have also found this statement on line under CRA Q&A :

Q. The manufacturer offers a guarantee; can the trader refer the consumer straight to that manufacturer?
A. The consumer's statutory rights are with the trader who sold the goods to him and the guarantee offered by the manufacturer is in addition to such rights. A consumer can choose whether to pursue the trader or the manufacturer and neither may refuse the consumer his rights and direct him to the other. However, the trader in turn may have rights against their supplier.

MY claim, as the unit is outside the stated warranty period by three months, is one of lack of acceptable durability, so I assume that I can take that particular claim to either party?

[des8]

Re: Consumer Goods Price Fixing?

Sec 30 of the act deals with guarantees, and you may find this article useful: http://www3.hants.gov.uk/tradingstan...ees.htm#step-3

[Snoopy1948]

Re: Consumer Goods Price Fixing?

That's useful Des but I note it states :

I've heard that under European Union (EU) law I'm allowed a two year minimum guarantee on goods. Is that correct?
A. EU Directive 1999/44/EC states that all European Union member states must allow consumers to make a claim for faulty or misdescribed goods under their consumer rights for a minimum of two years. English law already allows you to make a claim for up to six years from the date you bought the goods and for up to five years in Scotland. Therefore if you buy any goods from any other EU member state, you can assume that you can make a claim for faulty or misdescribed goods for at least two years after. The 'Sale & supply of goods - your consumer rights' guide gives more information.

Does that suggest that the advice I received from the makers, Humax, that at 15 months, my item was no longer covered, may in fact be wrong?

[des8]

Re: Consumer Goods Price Fixing?

That directive applies to the seller of the goods to the consumer, and in the UK is covered by the six year limitation.
The seller would then have to recover from the manufacturer.

The Warranty from HUMAX was for 12 months so now expired.
To be worth anything it would have to give you more rights than you already have under statute, and during that 12 month period it would allow you to proceed against HUMAX
Your claim has to be against the seller of the goods, in this case Currys