Potentially a Hedgeslammer.
(Be a good username that ).
Potentially a Hedgeslammer.
Random one, either here or the YouTube thread
@Cousin Jack would whatever the latest version of the Sale of Goods Act apply?Rockburner wrote: ↑Mon Aug 05, 2024 1:10 pm MCIA echoed Motorcodes in pointing me at CAB/Trading Standards..... who seem incredibly busy....
According to CAB, yes.Horse wrote: ↑Mon Aug 05, 2024 1:26 pm@Cousin Jack would whatever the latest version of the Sale of Goods Act apply?Rockburner wrote: ↑Mon Aug 05, 2024 1:10 pm MCIA echoed Motorcodes in pointing me at CAB/Trading Standards..... who seem incredibly busy....
GoodRockburner wrote: ↑Mon Aug 05, 2024 2:23 pmAccording to CAB, yes.Horse wrote: ↑Mon Aug 05, 2024 1:26 pm@Cousin Jack would whatever the latest version of the Sale of Goods Act apply?Rockburner wrote: ↑Mon Aug 05, 2024 1:10 pm MCIA echoed Motorcodes in pointing me at CAB/Trading Standards..... who seem incredibly busy....
If I get no leverage at all from the credit card company (I'm not going to hold my breath) then possibly, if I decide that it'll be worth the hassle.Horse wrote: ↑Mon Aug 05, 2024 9:02 pmGood
Small Claims Court?
Write (recorded delivery )to the shop (IIRC your contract is with them, not BMW), give them 14 calendar days to respond, then initiate the process?
Include in your claim any costs (postage, holiday taken from work, etc).
Initial cost is £35 (up to £300 claim) or £50 (up to £500 claim). I can't remember how long you've had the jacket, or how much wear. You might not be reasonable claiming the full price paid.
IIRC you paid something like £350?Rockburner wrote: ↑Mon Aug 05, 2024 9:15 pm... possibly, if I decide that it'll be worth the hassle.
June 2019 : paid £396 for a Streetguard (originally £550+vat, reduced to £220+VAT),Horse wrote: ↑Mon Aug 05, 2024 9:51 pmIIRC you paid something like £350?Rockburner wrote: ↑Mon Aug 05, 2024 9:15 pm... possibly, if I decide that it'll be worth the hassle.
Claiming for that (if it's almost as-new condition?) + incidental costs, the fee is returned on a win.
You can document:
- faulty construction
- reasonable (extensive) attempts to sort outside of the court system
FWIW my experience of the judges* in the small claims court in Southampton 35 years ago was they were very reasonable and very much sided for the plaintiff. Especially if the plaintiff had contemporaneous notes. Top tip: Don't use the same pen and try to vary your handwriting a bit.Rockburner wrote: ↑Tue Aug 06, 2024 9:39 amJune 2019 : paid £396 for a Streetguard (originally £550+vat, reduced to £220+VAT),Horse wrote: ↑Mon Aug 05, 2024 9:51 pmIIRC you paid something like £350?Rockburner wrote: ↑Mon Aug 05, 2024 9:15 pm
... possibly, if I decide that it'll be worth the hassle.
Claiming for that (if it's almost as-new condition?) + incidental costs, the fee is returned on a win.
You can document:
- faulty construction
- reasonable (extensive) attempts to sort outside of the court system
July 2019 : Replaced for another Streetguard
Aug 2020 : Returned 4th jacket for replacement (according to this post : viewtopic.php?p=16889&hilit=Streetguard#p16889 ) All requests for a refund at this point were refused. (Also - there were no invoices or other paperwork given to me at each of these replacements)
May 2021 : Received Pace Guard Tour jacket as replacement (Streetguards completely out of stock), Again, refund refused. BMW UK called this a "Goodwill" replacement transaction, despite this transaction still being within their 2 year manufacturing warranty period.
July 2024: First time I was caught in the rain with the Pace Guard*: Pocket leaked like a sieve. In addition a zipper was found to be missing from new: ie a manufacturing defect.
The "sticky wicket" that I'm on is that it's now over 3 years since I received the Pace Guard, (ie, well outside the BMW 2 year warranty), although I have an email from the Vines employee stating that the jacket is virtually like new. BMW also say that they've given all the "Goodwill" that they're prepared to give.
The "sticky wicket" that BMW are on is that according the Consumer Law I have a reasonable expectation of 6 years of life from any product, (according to this online tool from CAB : https://www.citizensadvice.org.uk/decis ... oods/next/ ) and that I have a reasonable expectation that a product is "fit for purpose" and "of satisfactory quality": Every single jacket I have received can very easily be said to be "not fit for purpose", and "not of satisfactory quality" especially the current Pace Guard because it actually has a visible, easily observed manufacturing flaw. In addition, they have constantly refused a refund, which appears to be against the law.
I've gone through BMW's replacement service
I've gone through BMW's internal dispute resolution system
I've contacted the Motor Ombudsman (MotorCodes) who have a code of practise that allegedly BMW are registered with : they don't deal with accessories (or motorcycles);
I've contacted the MCIA (MotorCycle Industry Association): they have a dispute resolution service, but they do not deal with accessories;
I've contacted CAB: the colleague I spoke to and explained the history to said I was completely within my rights to demand a refund, and informed me that in fact I should have been offered a refund after the first replacement failed.
I've contacted the credit card company through whom the original payment was made: they're almost completely online so I'm now waiting for a response from them (bit awkward because I closed that account a couple of years ago).
I've informed BMW of all the above - including reminding them of the aspect of consumer law that I've been informed of.
So - now waiting for 30 days to see if anything comes from the cc company, if not, I'll have to consider a "small claims" case.
* Due to not commuting daily, and only doing summer riding in a different jacket
Lard?KungFooBob wrote: ↑Tue Aug 06, 2024 9:48 am Found my old car for sale!
It's still wearing the old plates, that are now assigned to the wife's X2!
https://www.autoseven7ltd.co.uk/used-me ... re-6191538
It came with the Merc, no idea what it means. Thought we might as well keep it for £80 it cost to retain it. It hides the age of her car now.Sunny wrote: ↑Tue Aug 06, 2024 1:58 pmLard?KungFooBob wrote: ↑Tue Aug 06, 2024 9:48 am Found my old car for sale!
It's still wearing the old plates, that are now assigned to the wife's X2!
https://www.autoseven7ltd.co.uk/used-me ... re-6191538