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Hi
A few weeks ago my aunt-in-law bought an outside movement PIR light from B&Q and had it fitted at the back door. All was well for a few weeks and then it stopped working. She has had the electrician back to look at the light and it's faulty. She was passing B&Q and so she bought another light and then had the electrician swopped them over.
When she took the faulty light back she didn't have the packaging because it's only a small house and if she kept every packaging for the duration of the warranty she'd have to move outside. She has kept the original receipt, instructions and warranty details but B&Q now refuse to refund her for the faulty light because she doesn't have the original packaging.
Anyone know where the consumer stands in these cases?
Many thanks
Ash.
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re-posted to uk.legal
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Jolly decent of you .... :o)
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On Sun, 8 Feb 2009 20:42:42 -0000, "Mentalguy2k8"

B&Q do not have the right to refuse her repair/replacement/refund (depending on the circumstances - see below) just because she doesn't have the packaging.
BUT after a few weeks, with the light having been fitted , she very probably doesn't have the right to a refund any more under SOGA, because she will be deemed to have "accepted" it.
She *does* have the right to a replacement (or repair if she chooses). It is unfortunate that she has already bought a replacement, because that means she will now finish up with two lights :(
--
Alex Heney, Global Villager
Read the dictionary backwards and look for secret messages.
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You don't need the packaging for a faulty goods return, but they don't have to give you a refund -- they can chose to repair or replace the item instead.
They could claim you have to have the packaging if you were just returning an item because you didn't want it and they chose to allow such a return, which is probably going to be conditional on it being in a resalable condition.
It sounds like they've misunderstood the basis on which the item is being returned.
--
Andrew Gabriel
[email address is not usable -- followup in the newsgroup]
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I have had a similar problem and argued with success that I am not returning the item because of faulty packaging.
mark
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Ash wrote:

So now either your aunt-in-law or the electrician is out of pocket, depending on if the lecky charged for replacing it - which he should have done.

Copmlete & utter bollox. All she needs is the reciept. Why should she be expected to retain the packaging? She should also ask for compensation for the electricians extra charges and her travel expense.
Open a can of whoop ass.
--
Dave - The Medway Handyman
www.medwayhandyman.co.uk
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My thoughts exactly .... I'll be marching in with my aunt-in-law sometime during the week. I'll report back on what they say.
Ash.
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It's unusual in this day and age to find packaging that isn't totally destroyed by the mere act of unpacking the item.
--
Keith W
Sunbury on Thames
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B&Q are normally very good at returns. The OP needs to speak to the manager not the person on the returns desk.
Adam
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the faulty one, so why didn't she keep that particular piece of packaging?
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Lost confidence it that particular light so she bought a different model ... and for more money.
Ash
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I believe she is entitled to both refund of faulty light and payment for electricians time changing it. The packaging does not enter in to it.
Mike
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Ash wrote:

See: http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html
For information on SoGA that may (or would have) helped.
Cash
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Thanks for all the help and words of encouragement. Marched in to B&Q today with my aunt-in-law and they quickly changed their mind and replaced the light without question. She's now having it fitted at the garage door so she's happy.
Oh and you may be interested to note that the cross posting in uk.legal attracted only 1 reply of help ... as opposed to 9 replies from uk.diy.home ... well done folks.
Ash.
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Ash wrote:

Thanks for the feedback Ash, and I'm glad to see that you had a good result - as for the 'bear pit' of uk.legal, there is another group that you can use: uk.legal.moderated from where you can get some good, sensible results.
Cash
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Thanks for the tip ... I must say I did find the uk.legal group a little odd (very odd in fact) to say the least but then again someone else directed me to them.
Ash
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If you go back 12 or more years, uk.legal used to be one of the best newsgroups with many lawyers answering questions and engaging in discussions. Then various pratts who didn't know the difference between legal and politics started filling the group with their political views, and the lawyers and other experts got fed up and left. uk.legal.moderated was an attempt to recover from the damage, but it was far too late and it's never come close to being the valuable resource that uk.legal once was, sadly.
--
Andrew Gabriel
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Andrew Gabriel wrote:

I quite agree Andrew, but sadly, that seems to be the way of things today.
Cash
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Cash wrote:

Unfortunately, it needs a skin like a rhino to survive there, as any opinion contrary to someone else's is likely to result in an ad hominem attack. Even supportive posts are likely to get such a rejoinder. I don't think that it was OT posts that drove people away but more the clearly damaged personalities of so many there. Unfortunately those same personalities frequent the moderated group. Like any cess-pit, it fulfils a purpose, but isn't somewhere that most people would like to live in.
-- Sue
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