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hi ya just a quick question about brighthouse if any one can just advise me on this

 

i brought a ps3 for my son christmas and its finally died on me

so went to see BH who told me that i should send it to sony for repairs

i thought that seen as i got it from BH that my contract was with BH

and that they should have sorted it out . but not by passing tyhe buck and saying send it to sony

are they right or do i just tell them to sort it out for me

 

thanks jas

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Brighthouse are fobbing you off. Under the Sale of Goods (Implied Terms) Act, THEY are responsible for repairing/replacing goods. It is not your responsibility to send it back to the manufacturer. This is well within it's 12 month guarantee too, so that puts even more of the onus onto BH.

 

I would take it to the store, put it on the counter and demand they send it off for repair. Kicking up a little fuss in front of other customers can only be a good thing. Tell them you are away of your rights under the above Act.

 

Taken from the Sale of Goods (Implied Terms) Act:

 

48B Repair or replacement of the goods

 

(1) If section 48A above applies, the buyer may require the seller—

(a) to repair the goods, or

(b) to replace the goods.

 

(2) If the buyer requires the seller to repair or replace the goods, the seller must—

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

 

(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—

 

(a) impossible, or

(b) disproportionate in comparison to the other of those remedies, or

© disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

 

(4) One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—

 

(a) the value which the goods would have if they conformed to the contract of sale,

(b) the significance of the lack of conformity, and

© whether the other remedy could be effected without significant inconvenience to the buyer.

 

(5) Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—

 

(a) the nature of the goods, and

(b) the purpose for which the goods were acquired.

 

This is an important part of the Act to remember (a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer; Brighthouse are known for keeping items for weeks, whilst still expecting you to pay!!

 

Taken from a post by Lefty:

 

Even if you do not have “Optional” Service Cover on your agreement(s), and the goods develop a fault, don’t be fobbed off with any rubbish that repairs have to be paid for and the responsibility lies with you. Regardless of how old your product is, and assuming it's been used correctly and in accordance with the manufacturer’s instructions, then BrightHouse have a LEGAL duty to comply with the SUPPLY OF GOOD (IMPLIED TERMS) ACT 1973 and either refund, replace or repair (dependant upon how old the goods are) as necessary.

 

Contrary to popular belief, your basic consumer rights DO NOT expire after 12 months! A new product should be of "satisfactory" quality, "fit for the purpose", "free from defects", "safe" and "DURABLE." The act relies on how a "reasonable" person would define "satisfactory" - and (in the case of a freezer, cooker or high end electrical product) a "reasonable" person would expect a new product to last considerably longer than 12 months! High-end electrical products and most domestic appliances should have a useable life expectancy of anything between 4 - 18 years!!!!!

 

Your rights under the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973 can last for up to six years!

 

Taken from Consumer Direct

 

Where goods are bought under a Hire Purchase agreement, the contract is governed by the Supply of Goods (Implied Terms) Act 1973. Your rights are against the credit provider rather than the trader who supplied the goods. The Act states that all goods supplied by a trader to a consumer must be of a satisfactory quality, fit for purpose made known and as described. If they are not, you may have rights to claim ‘damages’ from the finance company i.e. the cost of having the faults repaired, or for the finance company to arrange repairs and cover the cost, a trader may wish obtain a written opinion from an independent expert to establish whether an item is indeed faulty or not, to ensure that the apropriate offer of redress is made to the consumer - it shall however, not be legally binding unless both parties agree to it.

 

Oh, and they may try and fob you off too if you do not have OSC or DLC - don't believe a word they say. In fact, if you have either of these policies, I would cancel them ASAP (the DLC can only be cancelled if you have home insurance by the way). There is a template letter if you need it.

 

I have had many dealings with Brighthouse, and so speak from experience. I know there is a lot to take in, but better to be armed with all the necessary information ;)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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BH can send it for you no probs its just that sony are so much quicker than our own service centres and therefore better for you!

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It is NOT the customers responsibility to send the goods back to the manufacturer......regardless of how long BH take!!


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Do not send it back to the manufacturer yourself get Brighthouse to do it for you. After all your contract is with Brighthouse and it is their responsibility to repair or replace your PS3. Are you paying Service Cover.

 

Here is my thread about a pc monitor bought from Brighthouse which was sent back to the manufacturer then destroyed.

 

http://www.consumeractiongroup.co.uk/forum/brighthouse/183850-brighthouse-monitor-destroyed-manufacturer.html


:cool::cool: Blondmusic :cool::cool:

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brighthouse have an arrangement with sony they are given a number to phone and if sony can't fix the problem on line they WILL SEND A COURIER to pick it up MUCH BETTER FOR THE CUSTOMER . PADRE

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