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Author Topic: Sods law  (Read 4055 times)

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TheBoy

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Re: Sods law
« Reply #15 on: 04 January 2016, 18:13:29 »

Flippin' tyre inflator goes wrong, 13 months after buying  >:(
Halfrauds per chance, or is it one of those round Michelin ones, got loads of them, they tend to pack up just after 12 months, have to keep buying another brand new one, so I can take the faulty one back in a brand new box and get another new replacement.  :-X ::)
No, one of these:

http://www.pclairtechnology.com/MEDIA/Downloads/99924440_Accura%201%20Tyre%20Inflator%20v3.pdf
Its got a handle on it!, you been using it as a hammer?
Its been meticulously looked after
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Entwood

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Re: Sods law
« Reply #16 on: 04 January 2016, 18:22:40 »

Have you tried quoting the EU directive 1999/44/ec which insists guarantees last at least 2 years ??

Although it technically does not apply to UK as the Consumer Rights Acts (post October 2015) and Sale of Goods Acts (pre October 2015) allow up to 6 years to claim for "non-conformities", so give greater protection than the EU demand. Most companies will try and point you to the manufacturer when the SELLER is responsible .. it is not unknown for Sellers to back down PDQ when the directive is pointed out as they, rather stupidly, don't know the laws that affect them !!

You never know .. worth a try ??
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TheBoy

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Re: Sods law
« Reply #17 on: 04 January 2016, 18:44:40 »

Have you tried quoting the EU directive 1999/44/ec which insists guarantees last at least 2 years ??

Although it technically does not apply to UK as the Consumer Rights Acts (post October 2015) and Sale of Goods Acts (pre October 2015) allow up to 6 years to claim for "non-conformities", so give greater protection than the EU demand. Most companies will try and point you to the manufacturer when the SELLER is responsible .. it is not unknown for Sellers to back down PDQ when the directive is pointed out as they, rather stupidly, don't know the laws that affect them !!

You never know .. worth a try ??
Yeah, tried, Machine Mart are stonewalling, stating they don't recognise that and won't allow me to speak anyone. They point blank refuse to accept that they give anything other than a 12 month warranty.  I could write a letter, but suspect it'll go nowhere.

Being less than £100, I don't believe small claims court is valid (?), so suspect they are relying on me not being arsed to go down the full court process for a £70+ item.


It probably doesn't help that Machine Mart (purposely?) do not employ anyone on their CS lines who has English as their first language.
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STEMO

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Re: Sods law
« Reply #18 on: 04 January 2016, 18:58:52 »

I've got the two GM ones that came with the bottle of glue, one with Astra, one with Orlando.


I've got all that in mine; I gave the Honda set(the compressor is the same) to my sister.
Threw the glue away and bought a space saver, of course.


Threw the 15" space saver away and put a fullsize 17" spare in the well. Then put the other stuff in the wheel. The compressors are way better than any of the under £50 ones I've tried: they fully inflate a tyre in a couple of minutes, and do it quietly. And they were free.
Tw**s at pentagon told me a full size wheel wouldn't go in the well, but when I had a flat before Christmas, the wheel went in there fine. Wouldn't mind, a space saver is dearer than a full size steely.
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Entwood

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Re: Sods law
« Reply #19 on: 04 January 2016, 19:27:51 »

Small claims is valid even for a penny ...

I issued a Small Claim against a well known sports wear company as they refused to replace a pair of "waterproof"  walking shoes that leaked after 8 months .. stating that their policy was to refer the goods to the manufacturer for examination. I stated that my policy was to obey, and use UK Law, and that they had 14 days in which to replace or refund the goods, as they were unfit for the purpose for which sold, and sent the shoes to them recorded delivery.

On the 15th day I submitted a claim on-line for £54.99 for the shoes, and the postage costs, which automatically had the court costs added to it, came to around £80 if memory serves. On the 17th day, and before the claim had been processed to the shop, they phoned me to "discuss" a way forward where they would be willing to pay half the postage fees to return the goods to the manufacturer for examination. "Gobsmacked" is how I would describe the reaction of the manager when I informed him what I had done.

It was obvious that he had waited over 14 days simply to be awkward... as he initially said they had not received the shoes... when I quoted the date, time and name of the person who signed for the package he tried to back down ... 'twas a tad too late ... on the 21st day I received a cheque for the full amount, refund, court fees, postage costs.

For the sake of the court fees it is worth taking these guys on IMHO .. I've not lost a case yet .. :)
« Last Edit: 04 January 2016, 19:32:07 by Entwood »
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Nick W

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Re: Sods law
« Reply #20 on: 04 January 2016, 20:00:57 »

Tw**s at pentagon told me a full size wheel wouldn't go in the well, but when I had a flat before Christmas, the wheel went in there fine. Wouldn't mind, a space saver is dearer than a full size steely.


It could be worse; if you fit the spacesaver spare to a TT convertible or Beetle, the fullsize wheel is too big to go in the boot opening, and the only space big enough for it is the passenger seat. Which is annoying unless you have a passenger.
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Kevin Wood

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Re: Sods law
« Reply #21 on: 04 January 2016, 23:16:10 »

I've just purchased an old Dunlop Major foot pump to restore, as I've come to the conclusion that anything modern on the market that claims to inflate tyres is a POS. >:(
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aaronjb

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Re: Sods law
« Reply #22 on: 05 January 2016, 10:35:55 »

I've just purchased an old Dunlop Major foot pump to restore, as I've come to the conclusion that anything modern on the market that claims to inflate tyres is a POS. >:(

I dunno, my 3hp compressor does alright..  ;D
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Bigron

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Re: Sods law
« Reply #23 on: 05 January 2016, 11:07:57 »

Mr. Entwood, you are to be applauded!
Is the 14 day time constraint standard, or one arbitrarily selected by you?
I presume that you had to pay the Court costs up-front; how much were they?
Another question, sorry - how realistic are the chances of getting that 6 year cover?

Thanks,
Ron.
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Entwood

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Re: Sods law
« Reply #24 on: 05 January 2016, 13:08:25 »

Mr. Entwood, you are to be applauded!
Is the 14 day time constraint standard, or one arbitrarily selected by you?
I presume that you had to pay the Court costs up-front; how much were they?
Another question, sorry - how realistic are the chances of getting that 6 year cover?

Thanks,
Ron.

14 days was my choice, most business models say responses should be made within "10 working days" .. so I went simple ...

Court costs are paid when you make the claim .. and automatically added to the claimed amount .. if you win ... they pay.....  Fees can be found here ..

https://www.gov.uk/make-court-claim-for-money/court-fees

In any claim for "goods" you have to be able to state that the goods are "unfit for the purpose for which sold" .. so a pair of walking boots worn every day for 5 years will probably fail that test !  But a tyre pump that is only used for 5 minutes every 3 months should last longer than 2 years. It is up to the manufacturer to prove that you have been negligent in storage/use/etc ... you only have to prove to the court - "on the balance of probabilities" - that the goods were not up to the job for which purchased.

I've only actually ended up in Court once, and the judge found totally in my favour and awarded me slightly more than I had claimed as she said I should have claimed the extra items. All other cases the company has backed down and paid the claim in full before it reached court.
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