Anyone got experience with the Online Small Claims Court?

mumof2

Im hoping to take a case to the small claims court.

The story -

Bought TV. Tv stops working after 6 months. Rang supplier, they said ring such and such to fix (based in the UK). They provided the box and collected TV - ended up with new TV as they said screen broke during transit to them. No problem, I had new TV again (warranty stayed with the original TV purchase date).
Roll on another 8 months into the life of the second TV - it stops working too (same problem). Unfortunately this is now outside the 12 month warranty of the original purchase date.
Supplier won't refund full price but offered only part refund (due to the TV having being used for a number of months)....not sure if they understand the hassle we have had - two TV's in a short space of time.
Ive declined and said Im taking it to the small claims court. Im more annoyed with how they treat their customers, as opposed to getting my money back, although I do need a new TV still.....

Suggestions welcome - anyone have experience with this? I would have to take time off it this was to go to court (if the respondent disputes the claim).

Thanks people!!:)

ED E

SCC will give the depreciated value if the find in your favour, just FYI.

mumof2

Okay, didn't know that thank you.

Anyone else experience with this situation or similar?

longgonesilver

How much did you pay for the television?

Is it a major brand.

mumof2

longgonesilver wrote: »

How much did you pay for the television?

Is it a major brand.

€279 for a 43" Blaupunkt. My gripe is that I don't have the cash to just buy a new TV again when the one I bought should really last 5 or 6 or more years!

mdebets

How much are they offering you?
You also have to take into account the SCC fee of 25€, which you won't get back + the cost associated with attending court.

L1011

You may get the full amount at small claims, but there is a chance of it being reduced and you don't get the €25 fee back either.

What are you being offered?


Blaupunkt aren't the brand they were - it was Bosch's home audio division and now its just some rebadger of Turkish or Slovakian entry level equipment. If a brand either vanishes and comes back or suddenly starts making stuff they didn't make before be aware

raxy

I used the scc when I had issues with a German company. Wasn't online, I went in to bray to lodge it.
The whole thing was a waste of time. The person in the svc was useless. I had to keep mailing asking for responses & pushing him to follow up.
When the retailer refused to comply it went before a judge who ruled in my favour. The retailer then just stopped responding.
In the end I just got hassle & frustration dealing with it & ended up more out of pocket then when it started it.
The scc is good in theory but a waste of time in reality as there is no enforcement.

mumof2

Thank you everyone to whom replied, I might send an email to the supplier and get them to tell me what they're offering. Then I can make a decision.

I appreciate your tips on the fact that as I thought myself, it sometimes isn't worth the hassle (which is why I came here for advice)!!

Blaupunkt definitely are not what they used to be, but I didn't expect that when I bought it! :-(

I guess save up for a new one now....because whatever way I look at it im losing out any way - whether the retailer gives me less that its worth, or whether I lose €25 by going SCC.

The joys.

davo10

Your contract is with the retailer rather than the manufacturer. The 12 month manufacturers warranty means squat, it's the retailer who is bound by consumer law. Where did you buy it?

Send registered letter to retailer first, this is a good template to use.

https://www.which.co.uk/consumer-rights/letter/letter-to-ask-for-a-faulty-item-to-be-repaired-or-replaced

mumof2

davo10 wrote: »

Your contract is with the retailer rather than the manufacturer. The 12 month manufacturers warranty means squat, it's the retailer who is bound by consumer law. Where did you buy it?

Send registered letter to retailer first, this is a good template to use.

https://www.which.co.uk/consumer-rights/letter/letter-to-ask-for-a-faulty-item-to-be-repaired-or-replaced

Ive already discussed their obligation with them - quoting the legal aspects from the sale of goods act and consumer rights also, including where "if the seller repairs the item, and the problem occurs again, you can then demand a refund or a replacement".

Even this didn't work - and this was their response:
"Out of Warranty claim that may provide you with a partial refund for the early life failure of the unit. The calculation of your partial refund is made by taking into account the fair use the unit would have seen since purchase and it's current intrinsic value.
I need to advise that the process offered has been created according to the Consumer Rights Act of 2015 and the Sale of Goods Act of 1979 and is the only option we can offer."

So tomorrow I will email copy of the receipt and see what value they offer. I guess something is better than nothing?

L1011

Both of those are UK legislation... with any luck they'll think the receipt is for £279!

I think you're dealing with the manufacturers service centre here; your consumer rights in Ireland rest with the retailer - are they in Ireland?

Cheap enough option to try would be a registered letter to the retailer telling them they are the responsible party, not the manufacturer.

mumof2

L1011 wrote: »

Both of those are UK legislation... with any luck they'll think the receipt is for £279!
That's wishful thinking:D

I think you're dealing with the manufacturers service centre here; your consumer rights in Ireland rest with the retailer - are they in Ireland?

They are in Ireland but it appears Im dealing with the .co.uk tech support and they are an English company apparently:(

Cheap enough option to try would be a registered letter to the retailer telling them they are the responsible party, not the manufacturer.

Is it not too late for that considering all the emails at this stage, and about one click away from accepting / declining an offer?

L1011

mumof2 wrote: »

Is it not too late for that considering all the emails at this stage, and about one click away from accepting / declining an offer?

No - you haven't even dealt with the retailer in months as far as I can see. They won't be aware of the dealings with the agent and they aren't really relevant

If the offer from the agent is acceptable it may be the easier thing to do.

mumof2

L1011 wrote: »

No - you haven't even dealt with the retailer in months as far as I can see. They won't be aware of the dealings with the agent and they aren't really relevant

If the offer from the agent is acceptable it may be the easier thing to do.

Are we allowed to name retailers here? It might be easier to explain the "behind the scenes".....

fritzelly

Seems like there may be a manufacturers defect, as you have had 2 TV's now with the same problem, you might be wise to follow this path for a refund, 6 years warranty under EU law for a manufacturing defect.

Google the brand and see if it's a common issue.
A TV should definitely last a lot more than 14 months!

L1011

fritzelly wrote: »

6 years warranty under EU law for a manufacturing defect.

There is no such thing.

fritzelly

L1011 wrote: »

There is no such thing.

Sorry, meant Irish Law

L1011

fritzelly wrote: »

Sorry, meant Irish Law

Its still not a warranty.

It is a limitation period to take a claim. There is no guarantee of the claim being succesful and no guarantee of getting full value for something - and the claim has to be against the retailer.

fritzelly

L1011 wrote: »

Its still not a warranty.

It is a limitation period to take a claim. There is no guarantee of the claim being succesful and no guarantee of getting full value for something - and the claim has to be against the retailer.

Didn't say warranty.
So what in this case means the OP has no claim to make?
Two TV's broke down with the same issue

May not be worth the hassle of providing proof for the monies laid out...but a bit of googling may provide evidence there is an inherent issue with the TV and 2 TV's that have lasted less than a combined usage of 14 months is most definitely not fit for purpose.
My last plasma had a 10 year manufacturer warranty, my current one has a 5 year warranty

L1011

You did say warranty...

The OP has been advised to contact the retailer as there is a basis to make a claim; however it is possible they would only be awarded a reduced amount by the courts if it came to that. Additionally, when the court costs and time delays involved come in to it it may or may not be worth it to the OP.

mumof2

fritzelly wrote: »

Seems like there may be a manufacturers defect, as you have had 2 TV's now with the same problem, you might be wise to follow this path for a refund, 6 years warranty under EU law for a manufacturing defect.

Google the brand and see if it's a common issue.
A TV should definitely last a lot more than 14 months!

Interesting thank you. And yes, neither tv lasted more than 6months and 8 months each!!! Thats very poor stuff....

raxy

Have you asked for advice from the consumer association of Ireland?
They would know best what is right in this situation & will contact the seller/manufacturer to try and resolve the issue.
They will also contact consumer associations in other jurisdictions if required

mumof2

raxy wrote: »

Have you asked for advice from the consumer association of Ireland?
They would know best what is right in this situation & will contact the seller/manufacturer to try and resolve the issue.
They will also contact consumer associations in other jurisdictions if required

No I have not contacted them directly. I did go on their website for information. Not sure if they can do any different to what I have done? I have been in touch with the retailer directly - they offered me €125. Original cost was €279.00. I have emailed back to get them to rethink their offer, to buy me some time.

Im not going to waste my time with small claim as that alone costs €25 and possible court time - costing me more with time off work. I will not be buying electronics in that store again!!