Standard of Proof and Timescales

[comanche]

OK a couple of practical points:

1) In order to pursue a claim, you presumably would have to prove that you purchased X item from Y store on a particular date. Does this mean that you have to have the original receipt?

2) Is there any case law that illustrates the timescales and issues that will detemine whether a case is likely to be successful?

3) If item X went wrong a couple of years ago and you disposed but still have the receipt would a claim be possible?

4) If item X went wrong a couple of years ago and you repaired it and still have all the receipts could you still make a claim now?

I know that these questions or something like them will end up in a FAQ but even frequently asked questions have to be asked for the first time by somebody

[BankFodder]

Originally Posted by seminole

OK a couple of practical points:

1) In order to pursue a claim, you presumably would have to prove that you purchased X item from Y store on a particular date. Does this mean that you have to have the original receipt?

You would have to have some proof of purchase. This is because you would be relying on the implied contractual term that the Good was of satisfactory quality per s.14 SGA 1979. So you would have to prove the contract. Receipt or credit card voucher etc would do.

Originally Posted by seminole

2) Is there any case law that illustrates the timescales and issues that will detemine whether a case is likely to be successful?

S.14 says that what is satisfactory depends upon the circumstances of the case. This means that you would have to work out the timescale for each case. The test is What the "reasonable consumer" would think.

Originally Posted by seminole

3) If item X went wrong a couple of years ago and you disposed but still have the receipt would a claim be possible?

It would certainly get complicated. The seller very reasonably would certainly want to be able to inspect the goods. I suppose that if you could show very clearly that the goods had not been of satisfactory quality then you might have a case. Personally I would say "don't bother". However, it did happen to me once, in a way. I' write it up and put it under "Comet" when I get the time.

Originally Posted by seminole

4) If item X went wrong a couple of years ago and you repaired it and still have all the receipts could you still make a claim now?

Yes. But it would get complicated. The repair wuld have to have been worth a decent value to make it worth the trouble - and no one would like it very much including the judge.

Originally Posted by seminole

I know that these questions or something like them will end up in a FAQ but even frequently asked questions have to be asked for the first time by somebody

We will have to build up a FAQ for this - but it is much less cut and dried than claiming from the banks.
However, other than your question no.1, EWs wouldn't even help you and you would have to rely upon your statutory Right to achieve anything.

[gothicf0rm]

what if item X went wrong and was repaired under warranty by the official people and then item X failed again the same way as before?