Hi All,
I had a reply back from consumer direct.(see below).........
Based on the information you have provided the key legal points in response to your enquiry are as follows:
Your contract is with the trader Hughes and not the manufacturer. The rights you have against the manufacturer would be dependent on the terms and conditions of any manufacturing warranty/guarantee which may have been provided at the time of purchase.
If this has now expired, realistically you may find it difficult to pursue the manufacturer directly for redress, however, you may be within your rights to pursue the trader using the following Consumer Legislation: -
The purchase of the Sony Hi-fi product may be covered under the Sale of Goods Act 1979 (as amended)
You should be able to expect that the Sony Hi-fi product purchased will be of a satisfactory quality - free from defects and durable.
If the Sony Hi-fi product purchased is not of a satisfactory quality you may be able to pursue the retailer who sold this for a repair, like for like replacement, refund/partial refund.
You may be within your rights to request any of the above. If, however, it would be deemed reasonable for a repair to be carried out in the first instance the trader may be within their rights to do so initially.
If the repair fails you may then be entitled to a like for like replacement, refund/partial refund. The trader may request payment towards a replacement or offer a partial refund and may be within their rights to do so when taking into account the length of time you have had the goods and the use you have had out of them.
If a defect appears within the first 6 months of purchase the law assumes it was faulty at supply and the burden to prove otherwise would be the retailer.
However, once goods are more than 6 months old, the onus is with the consumer to prove an inherent fault was present at supply.
The above Consumer Legislation states your statutory rights and are additional rights over and above any warranty/guarantee which may have been provided at the time of purchase. These rights are valid for a period of 6 years for purchases made in England and are applicable to inherent manufacturing faults only, therefore this legislation does not cover general wear and tear or accidental damage.
I would advise speaking to the company in the first instance to see what they are willing to do and if the issue is not resolved make a more formal complaint via a recorded delivery letter (keeping a copy for your records and giving a reasonable deadline for response).
I would advise that you send the letter via recorded delivery as this provides evidence that you have sent a letter to the trader and also provides evidence that the trader has received this letter.
There is a template letter available on the website if required.
If the response from them is not satisfactory, please feel free to get back in touch with an update and further advice can be offered.
Where goods or services have been paid for using a form of credit, i.e. a credit card or a credit agreement arranged by the trader, you may have an equal liability claim against the credit firm under section 75 of the Consumer Credit Act 1974 provided the purchase amount is over £100.
I would advise contacting the credit card company and advising them of the breach.
This can be followed up via a recorded delivery letter, outlining the problems you have experienced and giving a deadline for the same resolution as requested from the trader within a set period of time.
You should retain copies of your letters for your records.
I will also make the details of your concerns available to Trading Standards for consideration. Your contact details will be made available to them and they can contact you directly if they require any further information or are able to provide feedback in relation to this enquiry............
Regards
Alan
