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Hello all,

 

I have a PS3 purchased from Brighthouse. I finished paying the 12 month plan last december, so it is approximately 18 months old. The PS3 has now developed a fault. Sony are requesting £150 to send me a 're-manufactured' one. Is there an avenue I can press Brighthouse on, or should I be looking at my contents insurance.

 

Any help would be greatly appreciated.

 

Thanks

WF

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Brighthouse are still obliged to replace or repair this under the Sale of Goods (Implied Terms) Act. If it is a fault, rather than accidental damage, then contact Brighthouse and explain to them. They will more than likely tell you there is nothing they can do - if so, there is a letter you can send to them (and Head Office).

 

The SOGA states that goods purchased should be expected to last a reasonable amount of time (up to 6 years) - a PS3 should last much longer than 18 months.

 

I posted this information previously:

 

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.

 

If they refuse to do anything, then I recommend contacting Consumer Direct, who will log your complaint.

 

If needed, this is the letter you can send:

 

Date…….

 

Owner / Manager's name (or The Manager)

Retailer’s name

Retailer’s address

Retailer’s postcode

 

Dear [Qwner/ Manager’s name or Sir/Madam]

 

Account No…………….

 

Supply of Goods (Implied Terms) Act 1973 (as amended)

 

On [insert date], I entered into a Hire Purchase agreement with you for [enter details of goods] from [insert suppliers details].

 

The following problems have arisen:

 

[Give brief outline of problem and any action taken]

 

I understand that under the above legislation, it is your responsibility to resolve the matter and would therefore ask that this is done within the next 14 days.

 

Yours sincerely / Yours faithfully

[Name]


:)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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Thanks for the very helpful and detailed reply..

I called the store and spoke to the deputy manager (the manager is on holiday), who politely told me they cannot help and gave me an 0800 number to call. I've spoken to lady there who is going to 'look into it' and call me back...

 

Will update later.

 

....Elaine said she would phone back at 3pm. I've given till 4.30 but no call back, so I called again...guess what...they closed at 3...letters in the post...

Edited by WildmanFlint

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could try quoting eu directive 1999/44/ec one of the clauses is that "a two year guarentie applies for the sale of all consumer goods everywhere in the eu"

 

and your not required to prove that its a manufacturing fault


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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That sounds like another good idea - the letters are already in the post to Brighthouse unfortunately. Depending on how that goes would be better quoting the above to Brighthouse or Sony ?

 

Thanks again

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Here's the latest....

 

Received a letter back from Brighthouse HO saying they are sorry I had to write to them, and to speak to the store manager. I have been in today and he has said to take the machine in and they will repair it in-house, free of charge, as long as they dont need to order any 'expensive' parts. He also kept reminding me it was out of warranty, despite me reminding him about the 'reasonable time' part of SOGA. I said I would think about it.

 

I have some concerns about this. What's to stop them leaving it out-back for two weeks and then saying they can't fix it....will their engineers be as good as Sony's......and what if they decide the parts needed are expensive. From what he was saying it seems they will be wanting money to fix anything major.

 

What do you think ?

 

Thanks

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They will send it back to Sony as they have no choice - there is no way they would try and repair it themselves. As for them keeping it for weeks out back......well, unfortunately that is a trick of Brighthouse's. You will have to hound them, head office and the Area Manager if you have nothing back from them in a couple of weeks. Brighthouse know their obligations under SOGA - they are just hoping you don't.


:)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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After an eternity of phone calls, lies and half truths - my beloved PS3 is now back at the local branch and they have stated it is "beyond economic repair". I have vented some serious steam at the customer care centre, and am awaiting a callback. What's the next step ?

 

Thanks

WF

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***update***

I have escalated it to the regional manager - and lo and behold the store have miraculously found a replacement. Will update if there is any change.

 

Thanks

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