Small claims case

N

navi

Guest
In December 2007 I purchased an LCD television from a UK website. The tv was manufactured by a well known international brand. Recently the set has been showing signs of overheating and now will not turn on at all.

The retailer has recently ceased trading so I contacted the manufacturer by phone and was told that the set was out of it's one year guarantee so I would be liable for the cost of repair. I then sent a registered letter to the companies headquarters in the UK stating that I felt under EU and Irish law that I was entitled to a repair or replacement at their cost.

They have since replied stating that under both UK and EU law my contract was with the retailer and that they are absolved of any liability. They did include a line which I thought strange, "As such, we regret that in the circumstances of your case, we are not legally obligated to provide you with a remedy and any assistance we may give is done solely on a goodwill basis."

My question therefore is it, in your opinion, worthwhile taking a small claims action against them? I see on the courts.ie site there is a procedure for making a claim against a party in another EU country. The manufacturer also has a registered company based in Dublin so would it be better to make the claim against this section of the company even though all my correspondence has been with the UK arm?

Thanks for reading the long post and for any advice given.
 
I don't see how they can owe you anything if the guarantee was for 12 months and this period has expired.
 
callybags said:
I don't see how they can owe you anything if the guarantee was for 12 months and this period has expired.
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Nope. 1 year warranties are illegal. The product must be fit for purpose. A television would reasonably be expected to last a lot longer than 1 year. The product must be covered for far longer under Irish law. Many chancers try the whole 1 year warranty trick but it won't wash in court.

See http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32022_en.htm


jhegarty said:
I don't see how the manufacture has any responsibility here.
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The retailer is the one liable.
 
Thanks for the replies.

bond-007 said:
The retailer is the one liable.
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As I said the retailer is no longer trading. So in your opinion the liability still does not pass on to the manufacturer?

It just seems odd that manufacturers can produce expensive equipment that may be inherently faulty and then hide behind a one year guarantee.
 
Taking a small claims case is a lengthy process and the meantime you have a TV that doesn't work. It might be worth getting a quote on how much it would cost to fix the TV before you go this route.
 
I just wanted to give some closure to this thread. I contacted the [FONT=&quot]European Consumer Centre and was advised that I did not have a case against the manufacturer. As the retailer has ceased trading it is unlikely that I can seek redress from them. Thanks for all the advice given.
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Staples said:
Taking a small claims case is a lengthy process
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The Small Claims Court is not a separate court but a special procedure which is available in the District Court in cases where the claim is less than€1,269.74. It is a cheap and speedy means of resolving disputes about goods and services. You do not need a solicitor. You go to the Small Claims Registrar who will tell you how to claim. There is an application form and you pay a fee of€9. The Registrar then tries to solve the dispute without a court hearing. If this does not succeed, the case goes to the District Court for a hearing. There is no further charge for a hearing and you do not need legal assistance.
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Sorry to read you had no joy Navi
 
It is certainly not a fast process despite what the propaganda says.

The defendant has only 14 days to respond. You will not find a registrar in the land that would allow you get a judgement at that stage. Most of them will make you wait at least 6 weeks and some even 2 months when the law says otherwise.
 
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