Complex Problem Regarding Sale Of Goods Act

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BlindSummit

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Ok, I bought a Sony Playsation 3 from Tesco Ireland Limited in February of last year and it was faulty 6 months later so I got a replacement from them. The replacement is now faulty. The problem is the devices unwillingness to read any of the supported disk formats and so it is not fit for purpose and what's more, it's just a lump of plastic as is. Now, I took this to Tesco 6 weeks ago and the hardware manager tried to tell me that it was Sony's responsibility and they wouldn't repair it without proof of purchase and I didn't have one since it had just been in good faith until now. I persisted and left the device with them and was fed numerous excuses in the progressing weeks which amounted to it being the manufacturer's responsibility. So, Sony were telling me it was Tesco's responsibility, Tesco were telling me it was Sony's, I had to do some research and it turns out that Tesco were trying to fob me off, it is in fact the seller's responsibility so I wrote them a very frank and to the point letter stating that I wish to have this dealt with in an efficient manner (as it had already been 5 weeks at this stage). 5 days later I get a call from the manager of the branch telling me that they are sending my letter to head office to be dealt with there, no hang on a minute I'm thinking, is this efficiency? Is adding another person and telephone number to the long list of people I'm already in contact with about this (each of whom, know absolutely nothing about what's going on!) you're idea of efficency? So I just kept the cool and played along. I then found a bank statement with fairly clear evidence of purchase so naturally I think, yes, this is it! Now today I phone the head office myself and see if I can get some info. They know nothing of a letter, and what's worse, I explain my situation from the beginning and the lady tells me that she has to talk to the buyer i.e. the person working for Tesco who orders in these devices, and, the manufacturer lol! Back to square one. So I'm left thinking here, I've spoke with the hardware manager, personnel manager, general manager, customer service, Tesco head office and Sony customer service and I've made no progress just diplomatic horse stuff! This is not the efficient and without convenience manner of dealing with this type of situation as stated in the Sale Of Goods Act.

So really, I would like to know what you would do?

I know my rights but they are getting me nowhere, and I'm getting very frustrated and angry at the way this is being handled.

Thanks in advance.
 
without proof of purchase, technically they don't have to help you. Do you have a credit/laser card statement that lists the transaction or at a long stretch did you use your tesco club card when purchasing with cash?

It is the retailer and not the suppliers responsibility to sort this. Stay at them and if they don't get their act together get on to the small claims court. But you will need proof of purchase for this as is required under sale of goods and supply of services act
 
mathepac said:
I'd start by formatting that block of text above into something more readable; after three lines I began to lose the will to live. Sorry. :(
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would you like me to make it more exciting for you, maybe put some villains and car chases in there or something?




i have proof of purchase which is a laser statement stating date, time and amount.
 
Its not as complex as it seems. Put a complaint in writing to Tesco and register it as proof of sending and receipt. You have a bank statement -which show's as far as I believe your proof of purchase of the original item. It is the responsibility of the retailer and not the manufacturer to provide repairs etc. Your rights as a consumer was a repair, replacement or refund. You got a replacement when your first item was faulty and now the replacement item is also faulty. Tell them you are not happy with the product as it is not full-filling its function nor is it fit for purpose. You were more than reasonable but now you want a full refund - and that is non-negotiable. Give them 21`days notice for receipt of this refund. Make it clear to them that you fully intend to take them through the small claims process if the refund is not forthcoming. It only will cost you 15 euros and you wont need a solicitor.
 
annet said:
Its not as complex as it seems. Put a complaint in writing to Tesco and register it as proof of sending and receipt. You have a bank statement -which show's as far as I believe your proof of purchase of the original item. It is the responsibility of the retailer and not the manufacturer to provide repairs etc. Your rights as a consumer was a repair, replacement or refund. You got a replacement when your first item was faulty and now the replacement item is also faulty. Tell them you are not happy with the product as it is not full-filling its function nor is it fit for purpose. You were more than reasonable but now you want a full refund - and that is non-negotiable. Give them 21`days notice for receipt of this refund. Make it clear to them that you fully intend to take them through the small claims process if the refund is not forthcoming. It only will cost you 15 euros and you wont need a solicitor.
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The op still doesn't have a right to anything to but a replacement, repair or refund at he shops discretion.

All the delay at the moment appears to be from the op not providing proof of purchase.
 
The person got one replacement - that also was faulty - this product is clearly not fit for purpose - and at this stage I would certainly accept nothing less than a full refund.
 
thanks for all the help and advice.

with regards writing them another letter, i know it is my right to have it dealt with efficiently as stated in the sale of goods act but is there a stone cold deadline i can give them? anybody know where i can get a draft letter for such a thing as in my current frame of mind i'm likely to lose all diplomacy, get aggressive and ultimately sarcastic if i write it on my own?

mathelac if you're watching, the all live happily ever after, the end
 
i have drafted a letter myself, any thoughts or edits you might find appropriate would be much appreciated.

RE: Faulty Goods And Sale Of Goods Act 1980

Dear Sir/Madam,

I am writing you with regards a faulty Sony Playstation 3 which was purchased in late January of last year (2008) and subsequently replaced due to total malfunction in October of last year (2008). That replacement is also faulty.

Upon bringing this to your attention originally I was unable to provide proof of purchase and your hardware manager Barry Griffen verbally acknowledged it was purchased in Tesco. I have since found proof of purchase (a copy is attached).

I exhausted the subject at an informal level both in person and by telephone for approximately 5 weeks. I then seeked advice and wrote a formal letter of complaint 9 days ago bringing the total timeframe over the 6 weeks mark.

As I have already been in contact with numerous parties including your Hardware Manager, Personnel Manager, Store Manager and Head Office regarding this matter to no avail and with neither relevant nor satisfactory information arising from it, I feel I am left with little or no option but to extend a further 7 day period in which I wish to have some closure on this matter. After this period I would consider myself to have exhausted both informal and formal approaches at a personal level forcing me to seek further advice which will innevitably lead to a small claims court proceeding.

Yours faithfully,
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Spartan said:
represent your case with your proof of purchase, there is actually a law of some description that states that they mst get back to you within X amount of time if you put it in writing, but go back to manager with ur proof of purchase and otherwise go to the ombudsman
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The Ombudsman deals with complaints relating to public sector bodies and has no role in consumer issues like this.
 
The seller of an item is responsible for sorting out problems, not the manufacturer. Its up to the seller to deal with that stuff after they have done all they can o keep you happy. Thats why it makes my blood boil when they try to fob you off to the manufacturer. Personally I would make a song and dance until they sorted it there and then.
 
JamesGG said:
The seller of an item is responsible for sorting out problems, not the manufacturer. Its up to the seller to deal with that stuff after they have done all they can o keep you happy. Thats why it makes my blood boil when they try to fob you off to the manufacturer. Personally I would make a song and dance until they sorted it there and then.
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yeah man, i lost the rag on the phone to head office on Friday when they said to me, "I'm sorry but my hands are tied until I have spoken to the buyer in Tesco who ordered these goods, and the manufacturer". I totally lost the bop. What do you mean manufacturer? My agreement was with Tesco! There was nothing wrong with my money when I gave it to you but there's something wrong with my Playstation.

Talk about too many cooks. That's the most frustrating part, I never get to talk to the person that is actually responsible for the decision making. I just get to talk to the monkeys and they know nothing!
 
The letter to Tesco is ok - I'd would include how you propose that the matter be resolved by Tesco ie. do you want a full refund or replacement.
 
annet said:
The letter to Tesco is ok - I'd would include how you propose that the matter be resolved by Tesco ie. do you want a full refund or replacement.
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yeah, i was wondering if i would be able to do that? i want a refund because the fact is they are €100 euro cheaper now than when i bought it. I don't want any more dealings with Tesco after this. Would they offer me a repair just to spite me if I said I wanted a refund?
 
i've done a couple of edits here and added another paragraph requesting refund. any opinions on whether it is suitable or not would be appreciated


RE: Faulty Goods And Sale Of Goods Act 1980

Dear Sir/Madam,

I am writing you with regard to a faulty Sony Playstation 3 which was purchased in late January of last year (2008) and subsequently replaced due to total malfunction in October of last year (2008). That replacement is also faulty.

The problem is the device’s unwillingness to read any of the supported disk formats rendering it unfit for any purpose made known at the time of sale under the Sale Of Goods Act 1980.

Upon bringing this to your attention originally I was unable to provide proof of purchase although, your Hardware Manager Barry Griffin verbally acknowledged that it was purchased in Tesco. I have since found proof of purchase. A copy is attached in the form of a bank statement. I have circled the relevant transaction.

I exhausted the subject at an informal level both in person and by telephone for approximately 5 weeks. I then sought advice and wrote a formal letter of complaint 9 days ago bringing the total timeframe over the 6 weeks mark.

As over 6 weeeks have now passed and I have already been in contact with numerous parties including your Hardware Manager, Personnel Manager, Store Manager and Head Office to no avail and with neither relevant nor satisfactory information arising from it, I feel I am left with little or no option but to extend a further 7 day period in which I wish to have some closure. After this period I would consider myself to have exhausted both informal and formal approaches at retailer level forcing me to seek further advice which will innevitably lead to a small claims court proceeding.

Due to my dissappointment and frustration at the way this matter has been handled and the subsequent inconveniences such as high phone bills and wasted journeys afforded me, a full refund refund of €400 is the only acceptable outcome as I do not wish to have any further dealings with Tesco.

Yours faithfully,
 
BlindSummit said:
i've done a couple of edits here and added another paragraph requesting refund. any opinions on whether it is suitable or not would be appreciated


RE: Faulty Goods And Sale Of Goods Act 1980

Dear Sir/Madam,

I am writing you with regard to a faulty Sony Playstation 3 which was purchased in late January of last year (2008) and subsequently replaced due to total malfunction in October of last year (2008). That replacement is also faulty.

The problem is the device’s unwillingness to read any of the supported disk formats rendering it unfit for any purpose made known at the time of sale under the Sale Of Goods Act 1980.

Upon bringing this to your attention originally I was unable to provide proof of purchase although, your Hardware Manager Barry Griffin verbally acknowledged that it was purchased in Tesco. I have since found proof of purchase. A copy is attached in the form of a bank statement. I have circled the relevant transaction.

I exhausted the subject at an informal level both in person and by telephone for approximately 5 weeks. I then sought advice and wrote a formal letter of complaint 9 days ago bringing the total timeframe over the 6 weeks mark.

As over 6 weeeks have now passed and I have already been in contact with numerous parties including your Hardware Manager, Personnel Manager, Store Manager and Head Office to no avail and with neither relevant nor satisfactory information arising from it, I feel I am left with little or no option but to extend a further 7 day period in which I wish to have some closure. After this period I would consider myself to have exhausted both informal and formal approaches at retailer level forcing me to seek further advice which will innevitably lead to a small claims court proceeding.

Due to my dissappointment and frustration at the way this matter has been handled and the subsequent inconveniences such as high phone bills and wasted journeys afforded me, a full refund refund of €400 is the only acceptable outcome as I do not wish to have any further dealings with Tesco.

Yours faithfully,
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Correct the spelling mistakes and obvious errors like "I am writing you" and "refund refund".
 
Dear Sir/Madam,

I am writing you with regard to a faulty Sony Playstation 3 which I purchased in January 2008 and was subsequently replaced by Tesco due to total malfunction in October 2008.

This replacement item that I was provided with is now faulty. The specific problem is the device’s unwillingness to read any of the supported disk formats rendering it unfit for purpose under the Sale Of Goods Act 1980.

When I originally brought this to your attention I was unable to provide documented proof of purchase although, your Hardware Manager Mr. Barry Griffin did verbally acknowledge that this item was purchased in Tesco. (put in a line that the original item was replaced). I have since found proof of purchase and I am attaching a bank statement detailing the purchase from Tesco (Make sure you delete your account bank number from the statement). I have circled the relevant transaction.

I have exhausted the subject at an informal level both in person and by telephone for what is now approximately 5 weeks. I then wrote a formal letter of complaint 9 days ago bringing the total timeframe over the 6 weeks mark.

Over 6 weeeks have now passed and I have already been in contact with numerous parties including your Hardware Manager, Personnel Manager, Store Manager and Head Office to no avail. I feel I am left with little or no option but to impose a strict 7 working day period in which I wish to have this matter fully rectified.

Due to my disappointment and frustration at the way this matter has been handled by Tesco and the subsequent inconveniences that have arisen such as high phone bills and wasted journeys afforded me, a full refund of €400 is the only acceptable remedy. If the refund of €400 euros is not forthcoming by (specify date) I will have no hesitation whatsoever in initiating small claims court proceedings against Tesco Ireland.

Yours faithfully,


Hi

I have made some amendments - hope you can make sense of them. My advice is that you are well within your rights to look for a full refund - if they offer that you get a repair - that's no gaurantee that the item being fixed or you may having probs with it in the future....
 
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