What are my consumer rights??

[TideTurner]

Dont want to hijack this thread, but does anybody know what section relates to used goods which are sold as new? My brother bought a watch today, and when he got home, there was a receipt inside, with a 2 year warranty, same serial number, which clearly shows the watch had been sold 18 months earlier, returned, placed in the window of a different branch 200 miles away, and sold again today as new.

Bigmac? Anyone?

The watch is a retirement present for Tuesday, so no time to get a replacement.

[Bookworm]

Well, it's not so much a section relating to used goods, it's quite simply a breach of SOGA, "not as decribed", and is a matter for TS.

Furthermore, (even though this doesn't solve your immediate issue), you could complain to the OFT under the new CPUT Regs 08.

In the meantime, what is the remedy you are looking for? A substantial reduction, presumably? You should contact the trader. but the problem is that if he says: "give it back and we''ll refund", you're stuck.

My advice would be to contact them, see whether you can negotiate a reduction and maybe an extended warranty (not that it makes any difference because of your rights under SOGA, but some people feel happier with that) thown in?

[TideTurner]

Thanks Bookie,

Ive looked at S13, and think the best way forward is to see what they say tomorrow. It was expensive (all the guys chipped in for 40 years service) and my brothers main concerns are 1. Why it was returned 2. Is it faulty 3. Is it contaminated??!!!!!!

He is angry that they would do such a thing, as they are supposed to be a very reputable chain of stores and he feels conned. He deliberately paid extra to a high street jeweller (not internet) so his boss would have the option of taking it back if there was a problem.

Will let you know how he gets on.

Tide

[Prolix]

There is nothing within the Sale of Goods Act that says goods must be new and unless the watch was described as new there would be no rights under SOGA. However, you will have a valid claim for misrepresentation under contract law (I think there is a Misrepresentation Act in England that covers the same ground). Here you would be able to say that the contract was misrepresented as a material fact (ie it was not new) was not disclosed. This is silence as misrep. You would have a claim for damages that would amount to the difference in value of your second hand watch and a new one of the same type.

The leading case is Gibson V National Cash Registers. Second-hand cash registers sold as new. I think Gibson kept the registers and claimed damages.

[gyzmo]

I would find it difficult to imagine a court that would accept goods in shops are not new unless specifically pointed out as much. I think you are entitled to rescind the contract from what you have said. I take it that it wasn't bought in a second hand shop such as cash convertors or their ilk? that would be a different matter. As s. 13 of SoGA is a condition, breach will entitle you to rescind.

As prolix and Bookie have mentioned, there is also a possible offence under CPUT regs, but that is a matter for TS.

[ukaviator]

I have moved your posts over to your own thread Tide ..

A call to trading standards may help . .

[Janet-M]

What happened with this Tide Turner ?