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European Small Claims Procedure

  • 10-12-2023 3:06pm
    #1
    Registered Users, Registered Users 2 Posts: 100 ✭✭


    Curious if I've grounds to pursue a ESCP given the below. I'm based in Ireland. It relates to a CPAP machine for sleep apnea.

    For some context: I currently rent an identical CPAP machine (identical make and model) and have 3 years / thousands of hours of use on the rented machine (highly compliant with medical reports attesting to this).

    1. I purchased the CPAP machine from a company in the EU.
    2. I used it but it had a noise issue/fault. I recorded the noise for evidence.
    3. I contacted the company, they accepted it back, but said they inspected it and there was no fault.
    4. I sent them the video of the noise, they then agreed to replace the suspected faulty part and sent the machine back.
    5. I tested the returned machine and instantly noticed a different/new noise that also sounded faulty.
    6. I contacted the company and they stated there could be no fault because they replaced the previously faulty part.
    7. There were back and forth emails and they basically shut the door on the possibility of it being faulty. They tell me to bring it to the Irish supplier of these machines to inspect it, claiming they will confirm there's no fault.
    8. I bring it to the Irish supplier. The device technician turned it on and instantly confirmed there is a fault with the machine because it's making noise it shouldn't. They supply a letter confirming this, stating the part that is commonly known to be at fault with this noise, and stating the part that should be replaced.
    9. I send the letter to the EU company; they claim to not accept the inspection and that the Irish company should replace the part. The Irish company told me they can't replace the part because it wasn't purchased from them. The EU company are willing to accept the machine back, at my expense, and they will check it again and if they can't find a fault, will send it back to me, at my expense again.

    I have no confidence in this EU company carrying out a proper inspection. They didn't detect the initial fault and only replaced the part after I sent the video evidence; they sent back the machine with a fault, as confirmed by one of the manufacturer's own device technicians; they made me bring it in for the inspection and then wouldn't accept the inspection outcome.

    I want to return the machine for a full refund. This is a medical device that was purchased 5 months ago, and due to the fault I have not been able to use it for even one full night. I have no confidence in any future potential issue being suitably rectified by this company.

    Based on the above, would I have grounds to submit an ESCP to return the machine and receive a full-refund?

    Could it be argued they are willing to take the machine back and re-inspect it, so I have no grounds to complain? My issue is they sent back a machine that contained a fault, so feel this gives me grounds to have no faith in the quality of their inspections / repair work / service work.

    Post edited by redsheeps on


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