Robert Dyas shops - Avoid!

[Mitch]

Bought what I thought was a name brand 240v drill (Spear & Jackson) from them. Normally avoid Dyas cos of their eye-wateringly high prices but needed one in a hurry. After really light use the gears go and no drive. Took it back to Robert Dyas and they accused me of leaving it in the rain! and refused to honour guarantee. I challenged them and the manager got really aggressive started shouting at me! Never had probs with returns at S/F, B&Q etc. only the tackier end of some independent shops but I couldn't believe it.

Is this 'sorry sir you left it in the rain' line in their training manual of ways to avoid taking returns back. Either way AVOID!

[AJ]

I hope your not going to let the bastards get away with it!

[Martin Pentreath]

The guarantee is a guarantee from the manufacturer, not the retailer, so it might be worth contacting them.

With Robert Dyas it would be very hard to prove that the fault was with their drill rather than your mistreatment of it. However, I'm a litigious bastard and I'd be tempted to write them a 14-day "letter before action" and then issue small claims proceedings for the price of the drill plus costs. It's extremely unlikely they would defend the case for what would be a trivial amount of money (and also face the risk of bad press if they lost).

Cheers!

Martin

[Alex]

Your contract is with the retailer not the manufacturer... see Q6:

With Robert Dyas it would be very hard to prove that the fault was

Within six months of purchase, the onus is on the retailer to prove that the fault was caused by misuse, see Q13 on the above linked page.

Alex

[Dave Baker]

Bought how long ago? A fault that manifests within 6 months of purchase is assumed by consumer law to have existed from new unless the seller can PROVE otherwise i.e. it is not up to the customer to prove they did not mistreat the appliance it is up to the seller to prove they did. After 6 months the burden of proof shifts back the other way.

[Steve]

That is incorrect. You have a contract with the retailer - not the manufacturer.

Was there any mistreatment?

Steve

[Martin Pentreath]

You're right that the sale of goods contract is with the retailer, and they cannot shirk off responsibility for the quality of the goods under the implied terms of the Sale of Goods Act. However, you're wrong about there being no contract with the manufacturer. The guarantee is a collateral contract with the manufacturer. In effect the consumer can complain to either or both. If Robert Dyas won't play ball the next port of call should be an approach to the manufacturer under the guarantee, which will be much easier than trying to force Robert Dyas to accept the SoGA liability through the small claims court.

Cheers!

Martin

[Pete C]

Hi,

Try asking for the name of the manager in the store and then ask if you can borrow the phone to contact head office (need to be there weekday though)

Worked for me when I bought a grinder from Maplins which packed up after 11 months, and they wanted to give a credit note instead of refund.

cheers, Pete.

[Brian G]

Pete,

You were lucky!

In actual fact they did not have to give you a full refund or replace the grinder - or even a credit note for that matter.

As the SoGA stands, after 11 monhs of use, all they had to offer you really was a free repair, and if beyond economical repair, a refund of money - less an amount for the 11 months of wear and tear on the grinder - assuming of course there was a defect in the manufacturing process and NOT an abuse on your part.

Replies should be interesting - but for those who may be a bit apoplectic, Google for the Sale of Goods Act (as amended) before replying.

Brian G

[mikes]

Did you leave it in the rain, or did it get wet?

If the answer is yes, then I guess the retailer has every right to refuse your request.

A few more details (before the barrack room lawyers take over) would be useful.

[Alan]

In message , Brian G wrote

What is the worth of 11 months wear and tear? Some of my 'cheap' tools have lasted 20 years so I assume that 11 months of wear and tear would be a negligible amount.

It could be argued that Robert Dyas don't sell quality goods and the OP should have known this. In addition is Spear & Jackson known to be makers of quality electrical equipment? I was under the impression their reputation came from their foundry business bashing out high quality steel products - garden spades, forks etc.

The problem with brand names these days are that they are often no longer owned by the original manufacturer and the products with the brand may be made in the same Chinese workshop that produces the no-name bargain items.

[Pete C]

You're right, but the T&Cs in the Maplin catalogue states 'refund or replacement at the discretion of manager' which I took to mean one OR the other.

I bought the catalogue over to the manager and asked if I could borrow the phone to call head office. He looked at me... said 'Are you a good customer?' I answered 'I am a good customer.' then he agreed to give a refund :)))

cheers, Pete.

[Mark]

The guarantee is in addition to the rights you have under the SOGA. It is normally easier to deal direct with the retailer since often they can refund or replace the item from stock, saving you a wait.

If you do deal with the manufacturer you would probably have to send it back to them (and possibly pay postage) and wait weeks/months for them to send you a new one or repair it.

If you did not abuse it I would write a very threatening letter to the shop's head office. This usually works for me.

M

[Brian G]

Nice one Pete - it's nice to see that some companies abide by the spirit of the law rather than be bloody minded like some I could mention.

Brian G

[Brian G]

Mikes,

Barrack room lawyers? If you mean me in that term, then I am not such an animal - I have spent some time looking into SoGA as I was in dispute with a large company over a leaflet that they gave me saying that if the item I bought was defective I was not to deal with them but to contact the manufacturer direct.

Under SoGA that's a load of cobblers - along with many other misconceptions on both suppliers and buyers parts.

Brian G

[mikes]

Yes very good.

However, was it left in the rain, or did it get wet?

If the answer is yes, then I guess the retailer has every right to refuse the request.

[Jason]

It all depends on whether it is a personal or a business purchase. Businesses don't have the same consumer rights as consumers.

But - rain, breaking the gears? The only way that could happen is for the gears to go rusty and fall apart, and that would be pretty obvious on opening.

-- JJ

[Jason]

A written guarantee and a contract formed through purchase are two different things. The guarantee is a bit of extra icing on the cake, and does not affect any other contractual rights you may have.

-- JJ

[Jason]

A credit note seems pretty reasonable, if you got six months use from it. At a minimum, they should be able to deduct some 'use of equipment' costs from any refund.

-- JJ

[Jason]

That's down to what you can negotiate. If you can't come to an agreement, then it is up to the courts to decide.

-- JJ