Thread: Unfit goods already replaced and the SoGA/CCA?

Hi everyone,

I purchased an external hard drive with a 5-year manufacturer's warranty from an online supplier on 6th January, at a cost of around £150, which I paid for with a credit card, which continually overheated and failed after about an hours usage but would work again after being unplugged and allowed to cool. I contacted the supplier when it broke down entirely in March and was told that all they could do was arrange a replacement with the manufacturer under the warranty. I filled in an online returns request on their website and they arranged its replacement with a reconditioned unit to be sent directly to my address (but in their name) once I had sent the original back to the manufacturer. This cost me £8.25 in postage. This was before I was aware of my statutory rights.

The 5-year warranty on the replacement appears to have been limited to November 2013, probably because the replacement was ordered by the retailer, who must have received the original in November 2008 before selling it to me in January. The replacement has suffered from exactly the same problems as the original and broke down entirely on the 8th June.

I have emailed the retailer today, pointing out that I cannot be expected to send this item for replacement every 2 months (at a cost of around £250 in postage over the duration of the warranty). I also stated that the item is clearly unfit for purpose, due to the overheating and device failure of both units and not of sufficient durability due to both units breaking down entirely within 3 months, as defined in Section 14 of the SOGA 1979 and that I should be entitled to a full refund.

Since the problem is due to a fundamental flaw in design (lack of heat dissipation) and it is the product which is unfit for purpose rather than merely the individual units, a repair or another replacement will be of little use to me. I have offered to accept an equivalent alternative product (and to pay the price difference on the one I have suggested) or credit equal to what I originally paid instead of a refund and am awaiting their reply. If they reject these solutions I may even be prepared to make a further offer of accepting an alternative product of lower capacity which is equivalent in price to the price the original product is selling for at the moment.

I hope I am right in assuming that my rights under the SoGA 1979 are not diminished because of the replacement, since this was arranged by the retailer, as evidenced by the aforementioned problem with the warranty period. I would appreciate some advice on how I would best proceed if they are only prepared to arrange another replacement at my expense.

As it is still under 6 months since I bought the original unit, am I within my rights to reject the replacement unit and demand a full refund (including the £8.25 postage I should not have had to pay for the replacement?

Might I be better off trying to claim the money back from my credit card company under Section 75 of the CCA 1974, since the item cost over £100 and is this likely to be affected by the replacement of the item or the time elapsed since the purchase?

If I make a claim against the retailer using MCOL or attempt to reclaim the money from my credit card company, do I need to have sent the item back to the retailer first?

I would be very grateful to hear any advice on this matter as I will need to send a formal letter to the retailer ASAP, since it will be 6 months after the initial purchase on 6th July and I will need to allow time for them to reply etc. Thanks in advance...

nps

The 6 months doesn't matter - what does is that a replacement has failed with the same fault so you're entitled to at least a partial refund. They really need to repair or replace before a refund is operable anyway, so by accepting the replacement (provided this was through them) you have lost no SOGA rights.

I'd ask them for a refund, under the law (because this is independent from any warranty entitlement) and see what they say. You seem to be largely aware of what your rights are.

Wouldn't touch the CCA until you've exhausted all possibilities with the retailer.