MP3 not working but lost receipt

[alvinlwh]

Hi,

I bought a MP3 player a few months ago. It is a new model released less than a year ago. After only about 3 months, it stop working. Problem is I have lost the receipt and therefore cannot prove the date of purchase. HOWEVER as I stated, it is a model less than a year old. Also I had paid by credit card, which I still had the statement.

I seem to remember something about 'if the retailer refuse to repair or refund, the credit card company must do it' under Consumer Credit Act of something like that? Any suggestions here?

[rosiecotton]

A credit card statement IS proof of purchase so show this to the retailer.

You have rights against the retailer under the Sale of Goods Act and should be entitled to a repair or replacement.

In addition if it cost over £100 your credit card company is equally liable under Section 75 of the Consumer Credit Act, so that's something you can fall back on if you get no joy with the retailer.

Go to the retailer first though, with your credit card statement, and tell them that the item is not of satisfactory quality and does not comply with the Sale of Goods Act, and therefore you are seeking a repair or replacement.

[Sidewinder]

Primarily your contract is with the retailer, but the good news is that you don't need the receipt. The Sale of Goods Act does not require you to have one, but it would be reasonable of you to provide the credit card slip or statement showing the purchase in order to establish the age of the product. You would be unlikely to get a refund as after this time you have had reasonable use, but the retailer should either replace or repair the item as long as he cannot prove that the player has been misused or damaged by you.

The credit card company would be unlikely to assist as they would be subject to the same 'reasonable period' stipulation as the retailer would if you were seeking a refund, ie a reasonable period has elapsed since the purchase and therefore as you have enjoyed the use of the player you are not entitled to a full refund. They will direct you back to the retailer to resolve the issue with a replacement or repair and you should contact Trading Standards if the retailer will not entertain this as he would be in breach of the SOGA.

[Sidewinder]

Sorry - I took too long and was beaten to it!

[alvinlwh]

Right thanks for all the replies. If all else fails (read somewhere else that Creative does NOT even honor warranty WITH receipt!) it is off to MCOL I suppose?

[rosiecotton]

I'd hope that won't be necessary.

Incidentally your statutory rights under the Sale of Goods Act are entirely different to any warranty you may have been given, and no retailer can restrict (or ignore) your rights under that Act.

(Also, any additional guarantees or warranties given by manufacturers etc, are legally binding with effect from March 2003 - but I would say SOGA was your best bet initially here)

If the item cost over £100 your credit card company is still equally liable for the cost of repair or replacement, but again I would leave them out of it for now until you know if the trader is going to play ball.

If you don't get any joy at first, I'd write a letter to the trader, copied to your credit card company if applicable, stating that the goods do not comply with the Sale of Goods Act as they are not of satisfactory quality (describe the fault) and therefore you are seeking a repair or replacement item by [give a reasonable date]. Make it clear that if it is not done by this date you will be seeking to take further action.

Ultimately it is only a court that can order them to compensate you, but hopefully it won't get that far, most companies will settle a genuine claim before it comes to taking action.

Trading Standards can't take any action for the company failing to act under the Sale of Goods Act unfortunately as it's a civil law and they have no powers to enforce it. Some departments do offer assistance in letter writing etc, but not all do, and some can only help those who aren't in a position to help themselves. Ask Consumer Direct (08454 04 05 06) if you're not sure, they may be able to refer your case if your local TS can help.

[alvinlwh]

Right, I will first go to PC World with my credit card bill. Thanks for all the help and useful info.

[Rockstar1990]

I just wanted to thank you guys, i have recently purchased a Sony Vaio from John lewis, only to find out the wireless connection does not work. After searching for my reciept and failing i have been in distress for a while. Thankfully i still have my credit card statement (good job to i spent £650!)