Consumer Rights after 12 month warranty's expired

[Wee Kaz]

I purchased a twin set of cordless phones on Dec 01, just this weekend there was a terrible hissing noise coming from them and after phoning BT I discovered it was actually the that are making the noise. I contacted Curry's and asked what I could do and they've told me that because it's 3 months over the 12 month guarantee there's nothing I can do, is this the case? Surely there must be something more I can do, the phones cost �80.00 and now I have to buy more out of my own pocket! I will follow my complaint up with a letter to their head office. All answers welcome :o)x

[Miss Zippy]

From a strict legal point of view, neither Currys nor the manufacturer of the 'phones are under any legal obligations to repair or replace them as the warranty period has now expired. The best you can do I'm afraid is be persistent with your complaints and hope their goodwill prevails. Make sure your correspondence is polite yet firm; suck up a bit and say you have purchased their products in the past and have never had any complaint until now and now you have lost confidence in their brand etc. etc. If you give the impression you are a 'repeat' customer, they are more likely to want to appease you. This tactic has worked for me at times.

[BenDToy]

I beg to differ Miss Zippy. A warranty or guarantee is in addition to your legal rights, and not instead of. A retailer is legally required to sell goods which are of merchantable quality, and fit for the purpose. A guarantee period is purely a way of dressing this up, and has no legal standing whatsoever. Apart from that, everything else you say is true, and I totally agree with the approach. In addition however, I suggest you approach the manufacturer who may well be more accomodating than Currys. The crunch question is, is it reasonable that the goods lasted only 15 months? Writing to head office is a definite, and if all else fails, it doesn't cost much to go to a small claims court. I suspect however that you won't need to. Good luck and remember - always be polite and reasonable, and do everything in writing.

[xyzzyplugh]

applause for BenDToy :-)

[gerry]

If the item comes with a 1 year warranty and the year is up then they can not be returned back to the shop.A years warranty means what it says it covers you for a year and not anymore than a year.The shop can refuse an item if a customer trys to return something that is out within the warranty.I mean if someones washing machine or dishwasher breaks down 3 months after the warranty and a customer tried to return it they wouldnt have a case because the item is no longer under warranty and its the same case here about the phones

[Worker]

I totally agree with BenDToy; sorry gerry, I think you're totally wrong. Someone's legal right doesn't and shouldn't depend on an arbitrary time limit someone thinks of. The important criteria to think of is "of merchantable quality" - is the time it lasted a fair one consistent with its use and price and I'd say 15 months is nowhere near a fair usage period. Suppose instead of twelve months they made it three? As BenDToy said, if push comes to shove a Small Claims Court may well be the only option and a threat of this could work wonders. It's easy, cheap and informal.

[gerry]

no probs worker i would have to say the arguement is really with bt rather than currys.Currys sell these phones on behalf of BT so the warranty you get is a BT one so take your case up with BT rather than currys.I do see where your coming from Worker but if we are going to turn around and say that the years warranty does not matter then why have 1 in the first place.

[Miss Zippy]

Being a former litigator, there is plenty of case law I can point you in the direction in if you want guidance on for 'how long' a product has to be of merchantable quality after the date of purchase. The upshot is, the Courts want to create certainty and if a manufacturer of a product is obliged to replace or repair a product for an indefinite period after its purchase, this would make products much more expensive for all of us. Consumer law is not as strict as you may think and when we return a faulty product to a shop asking for repair or replacement, which is not under warranty, most of the time the shop will oblige because of goodwill and not because they are legally obliged to. Also, with regard to the Small Claims Court, you would need to pay a minimum of �30 in Court fees, which you are unlikely to get back even if you 'win' and will need to take time off work to attend the hearing. So you have to weight up if it is really worth (provided you think you have a case in the first place).

[Worker]

What with all this too-ing and fro-ing, d'yer not think it may be worth contacting your local CAB or making an appointment with a solicitor for your half-hour free consultation. It's very enjoyable sitting here debating the subject, but obviously you need an answer.

[DavidUK]

My understanding is that BenDToy and Worker are right. I remember hearing of a case where a woman won a case against Currys (or Comet, I can't remember which) about an electrical product that failed after the 12 month guarantee period. In law, a product must last a reasonable time and the interpretation of "reasonable" depends on the type of product and price etc. And you are wrong, gerry, when you say the argument is with BT. Your legal contract is with whoever you bought it from - in this case Currys.

[Miss Zippy]

Have a look at this leaflet issued by the Community Legal Service, which is pretty comprehensive and clear - ww.which.net/campaigns/retail/cls/13.pdf.