Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Mitch9128
[quote author=Nikki link=1347285950/31#31 date=1347349214][quote author=Mitch9128 link=1347285950/30#30 date=1347343148][quote author=Nikki link=1347285950/27#27 date=1347310910][quote author=Mitch9128 link=1347285950/22#22 date=1347302618][quote author=Nikki link=1347285950/18#18 date=1347298015][quote author=Mitch9128 link=1347285950/17#17 date=1347297695]... irrespective of the cost of the bike you have 6 months implied warranty.
Really - its been a while now since I studied law but is that a blanket 6 months for all second hand bike sales? What legislation does that derive from?
[/quote]
Sale of goods act 1979, my you are old :P
http://www.which.co.uk/consumer-righ...t/your-rights/[/quote]
Cheeky monkey! No I'm not THAT old. I think you'll find that the actual legislation doesnt quote a time limit/period. Hopefully Maz will get an amicable resolution though.[/quote]
I think you will find, if you took the time to read it, it actually quotes 6 months in bold letters. Not just that link, but Google sale of goods act and it is quite clear on the 6 months time limit.
Six months...and counting
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.[/quote]
My view, and I'm not a solicitor although I have studied law as part of what I do, is that the site is misleading. It doesn't refer to the actual relevant legislation, or any section of the legislation which is the only thing you can rely on. My memory isnt that bad and I seem to recall the actual legislation refers to 'reasonable' but I certainly dont recall reasonable time periods being defined.
Take a practical example - a dealer has an old p/ex hanging around say a 50cc moped and says you can have it for £200 (and that is a real example by the way) 5 1/2 months later you've covered 6,000 miles on it (and that isnt a real example) and the engine goes bang do you really think any Court in England is going to tell the seller that the buyer can have a refund?
[/quote]
Your view is irrelevant in law, here is the actual legislation from parliament:
Where faulty goods are returned within the first six months of purchase, the consumer has the benefit of a presumption that the goods were faulty when delivered (i.e. the
2 Section 2 , Sale and Supply of Goods Act 1994
3 Sale and Supply of Goods to Consumers Regulations 2002
4
consumer will be entitled to a remedy). If the retailer does not agree, it is for him to prove that the goods were satisfactory at the time of sale.
[/quote]
I still cant see where in the legislation it states a blanket 6 months. We'll agree to disgree.
Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Maz
Just to let you all know.
Spoken to them quoted the sales of goods act, trading standards and distance selling regs and they are going to pick the bike up and repair it and bring it back all free of charge as a "Good Will Gesture" cough cough!
Result! I also qouted one of the parts that needs replacing (the part no and price at £356.62) just for one of the probs and he shut up! ;D ;D
;D
FANTASTIC NEWS :) :)
I think a firm call generally does the trick.
At least you didn't have to do what I did - I bought a car a few years ago which was ''not fit for purpose''. I called the garage to agree an amicable settlement and was told to #### off on the phone by the seller :o Not best pleased I ordered a tow truck, stuck a note inside the car on the windscreen explaining what had happened in bold letters and got the tow truck to deposit the car on the forecourt and left it there locked up...got a full refund later than day ;D
Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Nikki
[quote author=Maz link=1347285950/32#32 date=1347353135]Just to let you all know.
Spoken to them quoted the sales of goods act, trading standards and distance selling regs and they are going to pick the bike up and repair it and bring it back all free of charge as a "Good Will Gesture" cough cough!
Result! I also qouted one of the parts that needs replacing (the part no and price at £356.62) just for one of the probs and he shut up! ;D ;D
;D
FANTASTIC NEWS :) :)
I think a firm call generally does the trick.
At least you didn't have to do what I did - I bought a car a few years ago which was ''not fit for purpose''. I called the garage to agree an amicable settlement and was told to #### off on the phone by the seller :o Not best pleased I ordered a tow truck, stuck a note inside the car on the windscreen explaining what had happened in bold letters and got the tow truck to deposit the car on the forecourt and left it there locked up...got a full refund later than day ;D
[/quote]
Wow, thats great! ;D I mean the whole placing the car of the forecourt!
Not many think of that like! I would have loved to be a fly on the wall that day!
Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Nikki
[quote author=Mitch9128 link=1347285950/34#34 date=1347353822][quote author=Nikki link=1347285950/31#31 date=1347349214][quote author=Mitch9128 link=1347285950/30#30 date=1347343148][quote author=Nikki link=1347285950/27#27 date=1347310910][quote author=Mitch9128 link=1347285950/22#22 date=1347302618][quote author=Nikki link=1347285950/18#18 date=1347298015][quote author=Mitch9128 link=1347285950/17#17 date=1347297695]... irrespective of the cost of the bike you have 6 months implied warranty.
Really - its been a while now since I studied law but is that a blanket 6 months for all second hand bike sales? What legislation does that derive from?
[/quote]
Sale of goods act 1979, my you are old :P
http://www.which.co.uk/consumer-righ...t/your-rights/[/quote]
Cheeky monkey! No I'm not THAT old. I think you'll find that the actual legislation doesnt quote a time limit/period. Hopefully Maz will get an amicable resolution though.[/quote]
I think you will find, if you took the time to read it, it actually quotes 6 months in bold letters. Not just that link, but Google sale of goods act and it is quite clear on the 6 months time limit.
Six months...and counting
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.[/quote]
My view, and I'm not a solicitor although I have studied law as part of what I do, is that the site is misleading. It doesn't refer to the actual relevant legislation, or any section of the legislation which is the only thing you can rely on. My memory isnt that bad and I seem to recall the actual legislation refers to 'reasonable' but I certainly dont recall reasonable time periods being defined.
Take a practical example - a dealer has an old p/ex hanging around say a 50cc moped and says you can have it for £200 (and that is a real example by the way) 5 1/2 months later you've covered 6,000 miles on it (and that isnt a real example) and the engine goes bang do you really think any Court in England is going to tell the seller that the buyer can have a refund?
[/quote]
Your view is irrelevant in law, here is the actual legislation from parliament:
Where faulty goods are returned within the first six months of purchase, the consumer has the benefit of a presumption that the goods were faulty when delivered (i.e. the
2 Section 2 , Sale and Supply of Goods Act 1994
3 Sale and Supply of Goods to Consumers Regulations 2002
4
consumer will be entitled to a remedy). If the retailer does not agree, it is for him to prove that the goods were satisfactory at the time of sale.
[/quote]
I still cant see where in the legislation it states a blanket 6 months. We'll agree to disgree.
[/quote]
No we won't, you're being obtuse. The fact it states the onus is on the seller to prove the fault wasn't there at point of sale in the first 6 months, is in fact an implied 6 month warranty.
http://www.saconsumerprotectionact.c...?f=7&t=191
Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Mitch9128
[quote author=Nikki link=1347285950/40#40 date=1347354837][quote author=Mitch9128 link=1347285950/34#34 date=1347353822][quote author=Nikki link=1347285950/31#31 date=1347349214][quote author=Mitch9128 link=1347285950/30#30 date=1347343148][quote author=Nikki link=1347285950/27#27 date=1347310910][quote author=Mitch9128 link=1347285950/22#22 date=1347302618][quote author=Nikki link=1347285950/18#18 date=1347298015][quote author=Mitch9128 link=1347285950/17#17 date=1347297695]... irrespective of the cost of the bike you have 6 months implied warranty.
Really - its been a while now since I studied law but is that a blanket 6 months for all second hand bike sales? What legislation does that derive from?
[/quote]
Sale of goods act 1979, my you are old :P
http://www.which.co.uk/consumer-righ...t/your-rights/[/quote]
Cheeky monkey! No I'm not THAT old. I think you'll find that the actual legislation doesnt quote a time limit/period. Hopefully Maz will get an amicable resolution though.[/quote]
I think you will find, if you took the time to read it, it actually quotes 6 months in bold letters. Not just that link, but Google sale of goods act and it is quite clear on the 6 months time limit.
Six months...and counting
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.[/quote]
My view, and I'm not a solicitor although I have studied law as part of what I do, is that the site is misleading. It doesn't refer to the actual relevant legislation, or any section of the legislation which is the only thing you can rely on. My memory isnt that bad and I seem to recall the actual legislation refers to 'reasonable' but I certainly dont recall reasonable time periods being defined.
Take a practical example - a dealer has an old p/ex hanging around say a 50cc moped and says you can have it for £200 (and that is a real example by the way) 5 1/2 months later you've covered 6,000 miles on it (and that isnt a real example) and the engine goes bang do you really think any Court in England is going to tell the seller that the buyer can have a refund?
[/quote]
Your view is irrelevant in law, here is the actual legislation from parliament:
Where faulty goods are returned within the first six months of purchase, the consumer has the benefit of a presumption that the goods were faulty when delivered (i.e. the
2 Section 2 , Sale and Supply of Goods Act 1994
3 Sale and Supply of Goods to Consumers Regulations 2002
4
consumer will be entitled to a remedy). If the retailer does not agree, it is for him to prove that the goods were satisfactory at the time of sale.
[/quote]
I still cant see where in the legislation it states a blanket 6 months. We'll agree to disgree.
[/quote]
No we won't. The fact it states the onus is on the seller to prove the fault wasn't there at point of sale in the first 6 months, is in fact an implied 6 month warranty.
http://www.saconsumerprotectionact.c...?f=7&t=191[/quote]
Umm fine it we were talking about South Africa ::)
Copy and paste the legislation which applies in England and you will have my humble apologies but until then, no we dont agree.
Not that it matters as Maz has a great resolution here.
I deal with tax legislation all the time and rarely trust things I see on the net which attempt to summarise and intepret legislation.
Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Maz
[quote author=Nikki link=1347285950/41#41 date=1347355200][quote author=Maz link=1347285950/32#32 date=1347353135]Just to let you all know.
Spoken to them quoted the sales of goods act, trading standards and distance selling regs and they are going to pick the bike up and repair it and bring it back all free of charge as a "Good Will Gesture" cough cough!
Result! I also qouted one of the parts that needs replacing (the part no and price at £356.62) just for one of the probs and he shut up! ;D ;D
;D
FANTASTIC NEWS :) :)
I think a firm call generally does the trick.
At least you didn't have to do what I did - I bought a car a few years ago which was ''not fit for purpose''. I called the garage to agree an amicable settlement and was told to #### off on the phone by the seller :o Not best pleased I ordered a tow truck, stuck a note inside the car on the windscreen explaining what had happened in bold letters and got the tow truck to deposit the car on the forecourt and left it there locked up...got a full refund later than day ;D
[/quote]
Wow, thats great! ;D I mean the whole placing the car of the forecourt!
Not many think of that like! I would have loved to be a fly on the wall that day![/quote]
It was brilliant.
The nice saleman that actually told me to f### ### when I called them when I had been nothing but polite and courteous on the phone didnt even have the bottle to come and see me face to face.
Daft thing was I would have happily agreed a fair settlement with them; I wasnt after a full refund but being told to #### ### made me see red!
The truck driver thought it was brilliant too ;D ;D
Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Nikki
[quote author=Mitch9128 link=1347285950/43#43 date=1347356431][quote author=Nikki link=1347285950/40#40 date=1347354837][quote author=Mitch9128 link=1347285950/34#34 date=1347353822][quote author=Nikki link=1347285950/31#31 date=1347349214][quote author=Mitch9128 link=1347285950/30#30 date=1347343148][quote author=Nikki link=1347285950/27#27 date=1347310910][quote author=Mitch9128 link=1347285950/22#22 date=1347302618][quote author=Nikki link=1347285950/18#18 date=1347298015][quote author=Mitch9128 link=1347285950/17#17 date=1347297695]... irrespective of the cost of the bike you have 6 months implied warranty.
Really - its been a while now since I studied law but is that a blanket 6 months for all second hand bike sales? What legislation does that derive from?
[/quote]
Sale of goods act 1979, my you are old :P
http://www.which.co.uk/consumer-righ...t/your-rights/[/quote]
Cheeky monkey! No I'm not THAT old. I think you'll find that the actual legislation doesnt quote a time limit/period. Hopefully Maz will get an amicable resolution though.[/quote]
I think you will find, if you took the time to read it, it actually quotes 6 months in bold letters. Not just that link, but Google sale of goods act and it is quite clear on the 6 months time limit.
Six months...and counting
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.[/quote]
My view, and I'm not a solicitor although I have studied law as part of what I do, is that the site is misleading. It doesn't refer to the actual relevant legislation, or any section of the legislation which is the only thing you can rely on. My memory isnt that bad and I seem to recall the actual legislation refers to 'reasonable' but I certainly dont recall reasonable time periods being defined.
Take a practical example - a dealer has an old p/ex hanging around say a 50cc moped and says you can have it for £200 (and that is a real example by the way) 5 1/2 months later you've covered 6,000 miles on it (and that isnt a real example) and the engine goes bang do you really think any Court in England is going to tell the seller that the buyer can have a refund?
[/quote]
Your view is irrelevant in law, here is the actual legislation from parliament:
Where faulty goods are returned within the first six months of purchase, the consumer has the benefit of a presumption that the goods were faulty when delivered (i.e. the
2 Section 2 , Sale and Supply of Goods Act 1994
3 Sale and Supply of Goods to Consumers Regulations 2002
4
consumer will be entitled to a remedy). If the retailer does not agree, it is for him to prove that the goods were satisfactory at the time of sale.
[/quote]
I still cant see where in the legislation it states a blanket 6 months. We'll agree to disgree.
[/quote]
No we won't. The fact it states the onus is on the seller to prove the fault wasn't there at point of sale in the first 6 months, is in fact an implied 6 month warranty.
http://www.saconsumerprotectionact.c...?f=7&t=191[/quote]
Umm fine it we were talking about South Africa ::)
Copy and paste the legislation which applies in England and you will have my humble apologies but until then, no we dont agree.
Not that it matters as Maz has a great resolution here.
I deal with tax legislation all the time and rarely trust things I see on the net which attempt to summarise and intepret legislation.[/quote]
Buggers, OK here, http://www.adviceguide.org.uk/englan..._is_faulty.htm
This is from Citizens advice that is linked from the Direct.gov consumer rights site.
Re: Gutted isnt the word! Annoyed!
[/quote]
Buggers, OK here, http://www.adviceguide.org.uk/englan..._is_faulty.htm
This is from Citizens advice that is linked from the Direct.gov consumer rights site.[/quote]
That's still not the actual legislation - it's an interpretation and I note quite a few references to ''you may get' in it too ::)
I honestly do not believe their is any clause in the legislation which categorically states this six month time period.
Think about it, it would be unjust and impractical.
Prove me wrong with the actual legislation.
Re: Gutted isnt the word! Annoyed!
Nikki are you a dealer? I really can't see how protection for consumers is unfair. I have already posted the relevant words from it, but feel free www.parliament.uk/briefing-papers/SN02239.pdf See 1.2 Implied terms.
Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Mitch9128
Dealer no ;D ;D ;D Accountant hence why I spend so much time reading tax legislation ;) :)
Sure you'll agree its getting a wee bit boring now....I stand by what I said and you still havent copied and pasted the actual legislation just links to interpretations and guidance.
Last word from me - I dont think any legislation gives the categoric 6 month period you claim but copy and paste the actual legislation, prove me wrong, and I'll apologise and accept what you say. :)