There has been a bit of discussion recently in the press about an EU Directive which, in countries where adopted (apparenly most of the rest of Europe) gives consumers 2yrs guarantee on stuff they buy.
UK Government has said it's a bit irrelevant here as SOGA etc gives people rights for up to 6 years (5 in Scotland).
So, how come this doesn't appear to apply to cars? Is it just that people generally aren't prepared to push the issue, or is there some reason why it isn't applicable?
|
So, how come this doesn't appear to apply to cars? >>
Who says so and where?
HJ's faq has links to the BERR documents on this matter and AFAIK, your statement isn't borne out there.
|
|
I've used this before and it has enabled me to take back a freeview box which backed up after 14 months :). It seems most shop staff are now well up on it but keep the extra year warranty a secret.
|
There are pages of debate on this on this forum. The short answer is that it does apply to cars but can only easily be applied to new ones (which have a minimum 2 year warranty anyway).
In the case of used the act, and the courts, accepts that used cars are inherently part worn devices so the degree to which anything can be claimed under it depends on how worn it was when you bought it.
|
I'm thinking about situations where the car is beyond the normal 3 year warranty period but still well within the SOGA 6yr (I guess years would have to be adjusted to average mileage for cars) period.
The current crop of 2005 Corsa camshaft failures would be a good example. Why doesn't the law simply require that they be fixed?
|
The current crop of 2005 Corsa camshaft failures would be a good example. Why doesn't the law simply require that they be fixed? >>
IMO, the law and its intent is quite clear on this, as most laws are or should be.
However, as with all Laws, it is the interpretation of it that is subject to testing in Court. I think you will find that one of the Corsa owners [Pete?] has taken his case to court and has been offered out of court settlement.
However, I am not sure whether it is Vauxhall or the Dealer that is being sued and under which Law. Perhaps Bill Payer could ask the question in the Corsa thread [nut/bolt pun intended if he wants to know the details.
Edited by jbif on 03/06/2009 at 18:18
|
The law DOES NOT give consumers a 2 year guarantee!!!
I realise that the wording is somewhat misleading but it is EU legistlation giving customers the right to complain up to 2 years after purchase that their goods were faulty AT THE TIME OF PURCHASE.
UK law aleady gives us the right to complain up to 6 years after purchase.
I wish it did give a 2 year guarantee but it does not.
|
The law DOES NOT give consumers a 2 year guarantee!!!
Buy an electrical item elsewhere in Europe and it's guaranteed for 2 yrs.
On the downside, same happens with cars - they're only guaranteed for 2 years in most of Europe.
|
www.berr.gov.uk/files/file25486.pdf
p19
|
www.honestjohn.co.uk/faq/faq.htm?id=43
during the first six months:
the consumer does not have to prove the goods were faulty at the time of sale. It is assumed that they were. If the retailer does not agree, it is for the retailer to prove that the goods were satisfactory AT THE TIME OF SALE
after the first six months:
The consumer needs to demonstrate the goods were not of satisfactory quality AT THE TIME OF SALE.
Section edited & my caps (hope you're OK with this HJ?)
|
|
|
p19
I'm not sure what p19 tells me, but take the document as a whole and it perhaps makes my point - it's all very vague and non-specific.
In my view it ought to me much more clear cut - if an item, subject to normal use, fails within 6 years then it should be repaired or replaced by the manufacturer.
The get-out seems to be that you have to prove it was faulty in some way at the time of manufacture. Yet that surely goes without saying if the item didn't last a reasonable length of time.
|
|
|
|
|
|
what does BERR mean?
|
Department for Business, Enterprise and Regulatory Reform
www.direct.gov.uk/en/Dl1/Directories/DG_069034
(Blame google if I'm wrong)
|
|
|
what does BERR mean? >>
As DD and his googling said.
The old name for this Department was DTI.
However, Gordon decided to create some IT jobs [changing all the DTI web site pages and links ], plus some more printing jobs [all the headed paper etc. had to be reprinted] plus some other jobs such as new brass plates outside the building to say BERR in place of DTI. I am sure I have missed out many other jobs that Gordon created in the process.
Edited by jbif on 03/06/2009 at 20:48
|
|
|
|
|
