Dear All,
I found this interesting, hope you might as well - courtesy Aol.
Regards, Bernard
The secret to getting your money back on goods over a year old
Sarah Coles
May 28th 2009 at 4:00AM
Filed under: Savvy Shopper
We've all been there; stuck in a stalemate with a customer care robot, because something you bought from the company has broken down, and they refuse to do anything about it.
Most manufacturers give a one-year warrantee, so if it breaks down before the year is out you can get a repair or replacement. However, if you're into your second year, they may well refuse to help – citing the one-year guarantee as the limit of their responsibilities.
There is, however, a little-known EU law, which means you can stand your ground and get a replacement any time within two years of buying the product, and there's another useful law which could get you a refund a few more years down the line too.
The EU law was the secret weapon Peter Ward used when he forced Tesco to back down and replace a faulty TV set that was 18 months old. It's not a new rule, but it's relatively unknown, and getting it enforced will take some force of personality. However, the law is absolutely on your side, so keep arguing, stand your ground, take it to the highest level possible within the company, and you should get your repair or replacement.
If the store refuses to replace or repair, even when you mention the rules, you may have to take them to the small claims court. However, this isn't expensive or difficult. You could always mention that you plan to do this in the latter stages of the negotiation if it's not going well.
The other useful law to know is the Sale of Goods Act. This gives you rights up to six years after you bought the goods This is more of a grey area, because any decision made by a court will depend on what can be reasonably expected. So, for example, if you bought a fridge for £800 you could reasonably expect it to last much longer than one you paid £200 for.
It's worth tackling the store and name-checking the law, but you'll have to make a judgment on what you think is reasonable before taking this down a legal route.
It is possible to enforce your rights to if you stand your ground. But let's face it, this is wrong. We shouldn't have to argue until we're blue in the face to get something to which we are entitled by law. It's spectacularly frustrating.
The EU is planning a consumer awareness campaign, which should help. However, in the interim, if you're not given to extended arguments, you could always buy from John Lewis, which gives a two-year guarantee as standard - without the agro.