Secondhand XBox 360 Faulty - What are my rights?

[BillyR]

I recently brought an Xbox 360 from Cash Converters. 2 weeks later it broke. i took it back to the shop and asked them what they can do about it. unfortunately, i had lost the receipt, so they said they couldn't give me a refund. they offered to fix it for a fee of £20. after a couple of days i rang them up and they said they were unable to fix it. they said that without the receipt my claim is 'void'. i actually went to school with the person who sold it me so they acknowledge that I purchased it from there. can i do anything to get my money back?

[Catriona]

Firstly, you don't need a till receipt as proof of purchase, a credit or debit card statement will do just as well. Secondly, you don't automatically get a refund - in the first instance they must offer to repair the item. If they cannnot do so they must offer you a replacement and if this cannot be done, then you can claim a refund. Thirdly, they shouldn't have charged you anything for a repair. Any fault which occurs in the first 6 months is automatically covered by the retailer who must effect a repair within reasonable time, without significant inconvenience and at their own expense. They have acknowledged there is a problem and are using the 'no receipt' as an excuse for avoiding their statutory duties under Sale of Goods. They must now offer you a replacement , negotiate a discount or provide a refund. See our section on Consumer Rights / Buying Goods / Statutory rights for more info. The fact that the item is pre-owned makes no difference.

[Tony]

I just had a quick look on the Cash Converter website and found this in section 6:

6.3 Return of defective goods

You, the buyer, must inspect the items as soon after delivery as is reasonably practicable and must notify us of any defects in the items within [5] working days from the date the items were delivered.

You must return any defective or faulty item to us within 10 working days from the date of delivery.

Provided you notify us of any defects and return the defective item within the periods set out above we will either replace your item on a like for like basis or we will refund your payment in full including the item's normal postage charge within [7] working days of the defective item being returned to us.

If anybody actually reads this they would assume that they had no rights after 10 days, which simply isn't the case.

Tony