Consumer rights question.

[emjaybee]

Quick question.

I recently purchased a brand new Class 52 Dapol loco.

On testing it wouldn't go round an oval without grinding to a halt.

I returned it requesting a replacement.

They are telling me they have repaired it. I though under the consumer rights act I was entitled to replacement or refund as it was a brand new item.

Is there anyone who can clarify this situation?

[Dr Al]

MSE and Which seem to say within first 30 days you are entitled to refund, within 6 months repair or replacement, beyond that the onus is on you to prove the fault was there within the six months.

I can't see anyone saying you're entitled to replacement within first 30 days, but perhaps that's fundamentally implicit (and with refund you could just re-buy the item, getting a replacement in all intents and purposes).

However, why not simply see how the repaired item performs - if not then request refund.

Cheers,
Alan

[Dr Al]

P.s. Neither the Dapol or Farish class 52s are known for any common or widespread faults in either QC or design, so it shouldn't be a loco that worries you in terms of likelihood of re-occurrence.

[emjaybee]

MSE and Which seem to say within first 30 days you are entitled to refund, within 6 months repair or replacement, beyond that the onus is on you to prove the fault was there within the six months.

I can't see anyone saying you're entitled to replacement within first 30 days, but perhaps that's fundamentally implicit (and with refund you could just re-buy the item, getting a replacement in all intents and purposes).

However, why not simply see how the repaired item performs - if not then request refund.

Cheers,
Alan

I've got progress on the situation.

The initial contact today said that the item was 'not picked out for replacement and has been placed in our repair queue'.

This I read to mean 'we're not replacing it, we're repairing it'.

Following a convoluted and confusing chain of emails it turns out what they meant was 'we inadvertently overlooked it and accidentally placed it in the repair queue'.

They have confirmed they are sending a replacement.

Thanks for the prompt response, it's always useful to know the legal situation so I'll mentally file the info away for future reference.

[EtchedPixels]

Always request a replacement, because if you accept a repair and they take six months then there is nothing you can do about it. If you get a replacement and they repair and re-sell the original then it's their problem how long it takes. Once you've accepted a repair then it's very hard to get a replacement and not get stuck forever with 'we will repair it again'.

You've also got the guarantee on a lot of the models as well as your statuatory rights.

Alan

[emjaybee]

I had originally requested a replacement as opposed to a repair. I think in the future I would request a refund and then re-buy as mentioned by Dr Al. This nicely sidesteps this particular minefield.

The repair situation you described is the modus operandi of a particular high street opticians. By the time you realised the item is never going to fit you it's passed the timeframe for a refund and you're stuck with ill fittfitting specs.

Thanks for the reply.

[longbow]

Always request a replacement, because if you accept a repair and they take six months then there is nothing you can do about it. If you get a replacement and they repair and re-sell the original then it's their problem how long it takes. Once you've accepted a repair then it's very hard to get a replacement and not get stuck forever with 'we will repair it again'.

Here's the law according to Which:

If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described. You can state your preference, but the retailer can normally choose whichever would be cheapest or easier for it to do.

If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product. You're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:
- the cost of the repair or replacement is disproportionate to the value of the goods or digital content
- a repair or replacement is impossible
- a repair or replacement would cause you significant inconvenience
- the repair would take an unreasonably long amount of time.

If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund.

So if the supplier proposes a repair you should lay out the conditions on which you accept it as per the above, including an agreed date for completing the work and an undertaking to refund if the repair is unsuccessful.

[EtchedPixels]

Yes

The reality though usually goes like this

Return item to model shop for repair
'We'll send it back to [vendor]'

Then you have to chase the shop every couple of weeks and they'll say "sorry we've not heard back", continue indefinitely.

It has improved over time to be fair to Bachmann and Dapol.

[longbow]

That rings true! However in my experience it helps if you make the retailer aware that you know what your rights are, and that repair remains their responsibility and not that of the manufacturer or a service agent. And I think six months for repair would certainly count as an "unreasonably long period" at which point you could press the retailer for a refund.

[njee20]

I'm always slightly aghast at the number of retailers who don't know basic consumer rights. Restocking fees is the usual one. I've been told several times that I can return an item, but will be charged a 10% restocking fee. I wonder how many people just accept it.

[longbow]

For in-store purchases you don't have the right to a refund if you simply change your mind, so the shop could ask for a restocking fee. For online purchases a 14-day cooling-off period applies under the distance selling regulations, but after that a restocking fee could be charged. It's fair to say that many small online retailers fail to acknowledge your cooling-off rights in their T&Cs.   

[longbow]

Actually it seems it's not just the small retailers. Scanning the returns policy of five of the largest online retailers, only one of them discloses your distance selling rights up front as they are obliged to do (well done Model Railways Direct), two others refer you to small print and insist on goods being returned unopened (breaking the seal should be permissible on most items), one says returns are treated "on merit", and one requires returns in 7 days rather than the statutory 14 days.

[njee20]

For in-store purchases you don't have the right to a refund if you simply change your mind, so the shop could ask for a restocking fee. For online purchases a 14-day cooling-off period applies under the distance selling regulations, but after that a restocking fee could be charged. It's fair to say that many small online retailers fail to acknowledge your cooling-off rights in their T&Cs.

Yes to be clear I'm talking about online purchases. I never buy anything in a shop anymore!

The distance selling regulations no longer apply FWIW, they were replaced (along with the consumer rights act) by the Consumer Contract Regulations about 5 years ago, so be wary of referencing old documentation.

[longbow]

Indeed but I believe the main stipulations remain the same

[njee20]

They do indeed, actually CCR is slightly better, but people searching for their rights would be best placed to use the more up to date legislation.