| View previous topic :: View next topic |
| Author |
Message |
jaycr
Occasional Visitor
Joined: Mar 01, 2006
Posts: 40
|
 Posted: Thu Sep 21, 2006 11:02 pm Post subject: Can I sue TomTom? |
 |
|
Does anyone know where one stands legally with the TomTom company bearing in mind they're based in the Netherlands? My Go910 has been returned 4 times now and they're still not capable of supplying a working model. I'm tempted just to give up and write it off as a bad deal but it angers me that they can be so unsympathetic and uncaring about their clients. I've given up on ever getting a usable unit from them (probably going to buy a Garmin Nuvi 360 instead) but I don't want to let them off the hook so if anyone has any advice as to how to pursue them legally for the cost of the unit I'd much appreciate it. Thanks for any input.
Rgds
Jim |
|
| Back to top |
|
 |
Tomo
Lifetime Member
Joined: May 17, 2004
Posts: 212
Location: Fife Scotland
|
| Posted: Thu Sep 21, 2006 11:48 pm Post subject: |
|
|
I believe that under UK consumer law that your contract is with the retailer rather than the maker. If you can show that the unit is not fit for purpose then you should have some redress.
Steve |
|
| Back to top |
|
|
RDS
Regular Visitor
Joined: Jul 09, 2006
Posts: 242
|
| Posted: Fri Sep 22, 2006 8:48 am Post subject: |
|
|
As previously said your contract is with the retailer not the manufacturer, so consequently you should be pursuing your case with the people who sold you the GPS not TomTom.
In consumer law I think I'm right in saying that a fault which develops within 6 months of purchase is deemed to have existed at the time of purchase. You are therefore legally entitled to a refund, replacement or repair, with the choice being yours. Your case maybe slightly more complicated by the fact that you have already elected to have the GPS repaired. However as it is apparently still not working satisfactorily you may still be entitled to a refund.
Even if TomTom were UK based and you did decide to pursue them I don't believe you'd get very far because it appears that they have at least attempted to rectify the problem. Had they totally refused to do so things might be different.
In the first instance I would be taking the case up with the retailer. Depending on what they say and if you believe the situation hasn't been resolved to your satisfaction it would then be worth taking further advice from the Consumers Advice Bureau or someone similarly qualified. |
|
| Back to top |
|
|
micke_011
Occasional Visitor
Joined: Aug 08, 2005
Posts: 31
|
| Posted: Fri Sep 22, 2006 10:02 am Post subject: |
|
|
| i suppose it depends on where you live as well. i e in sweden you have a consumers right to return a product that has shown the same kind of problem 2 times within 12 months from buying it (new). i would guess that most countries have similar regulations. |
|
| Back to top |
|
|
RDS
Regular Visitor
Joined: Jul 09, 2006
Posts: 242
|
| Posted: Fri Sep 22, 2006 10:21 am Post subject: |
|
|
| micke_011 wrote: | | i suppose it depends on where you live as well. i e in sweden you have a consumers right to return a product that has shown the same kind of problem 2 times within 12 months from buying it (new). i would guess that most countries have similar regulations. |
Unfortunately not in the UK.
As previously said under UK consumer law a fault which develops within 6 months of purchase is deemed to have existed at the time of purchase and a variety of options for resolution are available. |
|
| Back to top |
|
|
Skippy
Pocket GPS Verifier
Joined: 24/06/2003 00:22:12
Posts: 2946
Location: Escaped to the Antipodies! 36.83°S 174.75°E
|
| Posted: Fri Sep 22, 2006 10:50 am Post subject: Re: Can I sue TomTom? |
|
|
| jaycr wrote: | | Does anyone know where one stands legally with the TomTom company bearing in mind they're based in the Netherlands? |
It doesn't matter where the company is based, it's where you brought it from that counts. If you are in the UK and you brought it from a UK retailer then you have rights under the UK law. (I presume you are in the UK!)
RDS is right that it's not so clear what you can do because you have elected to have the unit repaired. If you have had some use out of the unit then you may be offered a partial refund but if you have never had one that works then you could demand a full refund.
Let us know if you would like to see an example "snot-o-gram" to send to the retailer setting out your rights and demands for resolution of the problem.
_________________
Gone fishing! |
|
| Back to top |
|
|
trog100
Regular Visitor
Joined: Sep 15, 2006
Posts: 195
|
| Posted: Fri Sep 22, 2006 4:15 pm Post subject: |
|
|
i think the repair is sanctioned or even encouraged by the retailer.. this makes it okay.. i also think four failed attempts at repair means in simple terms the uinit was never fit for the purpose it was sold for and is never likely to be..
a full refund would be in order..
its becoming standard practice for certain retailers to insist any problems are taken up with the makers.. but in UK law i am pretty certain they cant really do this..
i am having exactly this problem with OC/UK at the moment.. they are trying to insist i take up my problem with western digital i am saying you replace it you sold me it... he he
trog |
|
| Back to top |
|
|
jaycr
Occasional Visitor
Joined: Mar 01, 2006
Posts: 40
|
| Posted: Fri Sep 22, 2006 9:03 pm Post subject: |
|
|
| Thanks for all your advice guys .... much appreciated. I'll now attempt to pursue the matter with the seller (Dixons) |
|
| Back to top |
|
|
Skippy
Pocket GPS Verifier
Joined: 24/06/2003 00:22:12
Posts: 2946
Location: Escaped to the Antipodies! 36.83°S 174.75°E
|
| Posted: Fri Sep 22, 2006 9:59 pm Post subject: |
|
|
| jaycr wrote: | | Thanks for all your advice guys .... much appreciated. I'll now attempt to pursue the matter with the seller (Dixons) |
OK, good luck. Be polite, be cool and take a friend along to quietly observe and take notes. (It intimidates the hell out of them)
Speak to the manager not some oik who only works there on a weekend. Introduce yourself by giving your full name and and ask the managers name before you start. Make sure your observer writes it down. Explain your problem and ask for a refund.
If they refuse then read this to them:
| Quote: | | As I have explained, the goods are not "fit for purpose and free from defect" as required by the Sale of Goods Act (SoGA). I have had no use of the goods at all and 4 attempts to repair/replace the goods have failed. I demand a full refund. |
At this point, the manager will try and bluff you by telling you that it's not their policy to do refunds / the warranty says blah blah blah / you have to contact TomTom direct / you can only swap it for another model / there is a restocking fee / you can only have a partial refund etc *.
* Remember that if you have had some use out of the goods then you are only entitled to a partial refund.
Now you say:
| Quote: | | My contract under the SoGA is with Dixons, not TomTom. I am demanding a refund as is my statutary right under the SoGA. May I remind you that it is a criminal offence to deny me my rights and if you do not offer me a satisfactory solution to this matter then I will take legal action against Dixons. |
If they still refuse to budge then it's time to send a registered letter to head office. Generally they back down when they realise that you know your rights.
Good luck! 
_________________
Gone fishing! |
|
| Back to top |
|
|
Skippy
Pocket GPS Verifier
Joined: 24/06/2003 00:22:12
Posts: 2946
Location: Escaped to the Antipodies! 36.83°S 174.75°E
|
| Posted: Fri Sep 22, 2006 10:07 pm Post subject: |
|
|
| trog100 wrote: | | its becoming standard practice for certain retailers to insist any problems are taken up with the makers.. but in UK law i am pretty certain they cant really do this.. |
Yep, legally it is up to the retailer to organise the repair/troubleshooting because that is who your contract is with, but in practice you probably want to just leave them out of the loop and talk direct to the manufacturer.
However, if the goods are faulty then you are probably better off just demanding a refund from the retailer and then buying another brand new unit. 
_________________
Gone fishing! |
|
| Back to top |
|
|
jaycr
Occasional Visitor
Joined: Mar 01, 2006
Posts: 40
|
| Posted: Sat Sep 23, 2006 8:15 pm Post subject: |
|
|
| Cheers Skippy! |
|
| Back to top |
|
|
Andy_P
Pocket GPS Moderator
Joined: Jun 04, 2005
Posts: 19991
Location: West and Southwest London
|
| Posted: Sun Sep 24, 2006 2:03 am Post subject: |
|
|
| Nicely summed up skippy. They should make this a sticky.... |
|
| Back to top |
|
|
ecotrojan
Occasional Visitor
Joined: Jul 10, 2005
Posts: 31
|
| Posted: Sun Sep 24, 2006 3:27 pm Post subject: |
|
|
Dont rush out and buy a Garmin yet, I had the Nuvi and imo the speaker was not loud enough.
Wait for the new Sony, that sounds like a major contender to TomTom |
|
| Back to top |
|
|
gray52
Regular Visitor
Joined: Jun 14, 2005
Posts: 77
|
| Posted: Sun Sep 24, 2006 9:52 pm Post subject: |
|
|
| hi, if you want to sell it, get in touch and tell me how much you want, aleast you wont lose all your money, thanks, mark. |
|
| Back to top |
|
|
|
![]() Posted: Today Post subject: Pocket GPS Advertising |
|
|
We see you’re using an ad-blocker. We’re fine with that and won’t stop you visiting the site.
Have you considered making a donation towards website running costs?. Or you could disable your ad-blocker for this site. We think you’ll find our adverts are not overbearing!
|
|
| Back to top |
|
|
|
Forum FAQ
Search
Usergroups
Profile
Log in for private messages
Log in
