littlewoods catalogue: 3 repairs before refund?help!

[kevin]

i purchased a home cinema kit from littlewoods on the 13th august 2011. it recently developed a fault in that the tray of the dvd player would not open. i informed littlewoods,who arrranged for it to be repaired.the repair only took a few days and the dvd was returned working.however the same fault appeared after 2 days usage. i inforned littlewoods of this but was informed that there would have to be three faults before they would contemplate a refund....is this correct??
thanks in advance .

 

[ALewis]

No that is probably what they consider their policy. Under the SOGA, it is your decision on what you wish to be done: repair / replacement / refund.

 

[kevin]

Adam...thanks for your reply...and you are correct,Littlewoods kept telling me that the 3 repair quota was their policy..although my gut feeling was this must be incorrect,and i did mention the SOGA to them,but it didnt seem to make a difference.They wanted me to send the dvd for a second repair,but i declined and said i was going to seek advice on their policy.What would you suggest to be my best course of action now?.

 

[ALewis]

Hi,
Though policies should be followed through, if you have reason to believe that the fault will occur again, you can refuse to follow the policy and opt for the legal route.
Just send them a letter (by recorded delivery) with your complaint, give them the law, and what you want done about it. Give them a time frame to respond to you (usually 10 days) . And state that failure to meet this deadline will result in legal action being taken - the small claims court.

The letter SHOULD be enough, however if it's not, get back to us and we can continue with the advice.

Note: keep a copy of the letter and keep the postage receipt so you can track and prove that the letter was signed for.

Hope this helps
Adam

 

[kevin]

Thank you for your reply Adam.
I had a quick read through the SOGA and my reading of it has left me confused in that because i had the item for more than 6 months before the fault occurred,the onus seems to be on me and the maunufacturer,not littlewoods,as the retailer.Would you have the specific bit of the legislation i can quote on my letter to Littlewoods please Adam?

 

[ALewis]

Hi Kevin, this 6 months period is for if you want to reject new goods. This onus business simply means, it's down to you to prove the fault existed when you purchased the item, which you don't necessarily have to do, as you can ask for a refund under Section 14 of the SOGA (Satisfactory Quality) whereby it is not 'durable'. Like I say, if you tell them that you have reason to believe that this fault will occur again, and they question your judgement, you can answer with - well it's already been repaired once within 6 months and it's broken again.

You don't need a 100% foundation for your argument. After all you're not meant to know the ins and outs of the law.

 

[kevin]

Hello Adam
i have previously spoken with you regarding my home cinema system that i purchased from Littlewoods..it developed a fault...was repaired,then the same fault re-occurred again.
You gave me great advice on what to do regarding Littlewoods' " 3 repairs before refund" policy.
However due to personal circumstances i was unable to contact the company.
When i rang last night and explained the situation to them i was told that because of the lapse of correspondence on my part,i may no longer have a case. I was also told that my contacting them now could be seen as me just wanting a refund before the warranty runs out!...i did emphasise that i had made them aware in April that i was not happy and would be looking for a refund,based on advice i had been given.....and that the situation had not changed in regards to that and my system was still faulty.
Was t he information given to me last night correct?
Am i still able to go ahead with my complaint to Littlewoods?
The warranty of the system is up on the 14th August 2012.
Thank you for reading Adam and i would be grateful if you could assist me again

kevin

 

[kevin]

Hello Adam
i wrote to Littlewoods as you advised.
I received a call back saying that for me to go the SOGA route,id have to take my faulty unit to an independent repair centre to see what their advice would be and to get a repair service note.
the Littlewoods representative told me under SOGA,if the repair centre thought it financially viable to repair the unit,then it would HAVE to be repaired..when i told him about the advice i received from yourself,he refuted this,saying it was incorrct.
What course of action is now open to me?...i have a £500 unit that is still faulty and not fit for purpose.
I would be grateful for any advice on what to do next.
Thanks.

 

[Witch consumer]

Rubbish but I would expect nothing else from Little woods, it is not up to you to have this fault checked out, the responsibility is all theirs.

Obviously this item is not fit for purpose, nor was their repair.

I would put in a formal complaint to their complaints department (you can do this through their website) and tell them they have 8 weeks to provide a satisfactory solution.

I have recently had a dispute with them and took it to the FOS, thy refunded in full before the complaint was actioned, slightly different circumstances though.

 

[kevin]

Hello Witch Consumer,
Thank you for the quick reply.
In relation to my query....the 12 month warranty of the unit expired on the 6th august 2012..although Littlewoods have been aware of my complaint since the beginning of April...does this have any bearing on my rights?
thanks again
kevin

 

[stig]

hi m8 if you dnt have this sorted yet. then best thing i can think off. is send them another letter or phone then and say that if this matter is not sorted you will go to the trading standards for legal advice for your money back and compensation for the stress and so on that should work it did for my 1k laptop i bought off them