broken tomtom go...need advice, consumer law

rob-bob

well here we go
my mum bought her tomtom on 12/09/04...looks like the car charger has stuck 12v to the unit and blown it.....
now i thought tomtom did a recall on the chargers for this flt....
also if the unit has gone wrong over its 12 month period does the shop have to repair it under the sale of goods act......
which i thought you could get a item repaired for free if you did not think t had worked for a reasonable amount of time.....
i thought tomtom would have had to replace it as it was a known flt with their chargers.....

both the shop and tomtom are saying its nothing to do with them
Cheers
Rob

Eldar

Andy_P · Posted: Mon Jul 24, 2006 7:15 pm Post subject:

Also check your documentation. I thought all Gos from this period had 2 year warranties.

chris_w · Posted: Mon Jul 24, 2006 7:32 pm Post subject:

BanziBarn · Regular Visitor Joined: Jun 24, 2004 Posts: 82

It's less than two years old and in my opinion a TomTom should last much longer than that.

It's the shops responsibility to provide you with compensation because it's with them that you have the sale of goods contract.

I think that you have up to 7 years or so to make a claim under the Sales of Goods act, but how successful the claim is depends on the product - i.e how long should a satnav reasonably last? I'm sure a court would agree more than 2 years.

This being the case I reckon the shop should do something about it - most probably repair the unit for free.

If they say no then tell them you will take the to the small claims court. If you take it all the way I bet they won’t even turn up in court and you'll automatically win! Even if they do turn up, I can't see you losing.

Just tell the shop that the TomTom is of unsatisfactory quality and that they have breached their contract with you, and threaten court.

The problem is, the people in the shop know nothing about the law so you'll probably have to write to head office or something.

Good luck!

(this is all as far as I know, I'm not a law expert) :D

Eldar · Posted: Mon Jul 24, 2006 7:50 pm Post subject:

ask Wishlist - he's been through this exercise

rob-bob · Posted: Mon Jul 24, 2006 11:36 pm Post subject: tomtom

When i spoke to the idiot at tomtom he was unaware of any problems with their chargers...and said its out of it warranty and i will be charged for repair.....then i said the fault is a known problem his answer was it worked ok for 12 months and thats your warranty...comet say that i should of taken out the extended warranty...i told them about the sale of goods act and he said.....how do we know you have not misused it....and you would have to get tomtom to confirm that that you did not.....And even then consumer law is misinterpreted alot and they do not have to do a thing.....
Cheers
Rob

alix776 · Posted: Mon Jul 24, 2006 11:42 pm Post subject:

rob have a look through the go forum for whislists posts on this subject according to the press tomtom have just moved the tech support to new offices and have increased the staff so it maybe that the person you spoke to is new and not aware of an issue with older go's chargers going kaput . im not make excuses for tomtom just put a possibility forward yes sometimes they will get things wrong id give them a ring again and find the posts regarding this if i get chance tomorrow ill have a dig around as well
_________________
currently using aponia truck navigation on windows phone. Good bye IOS don't let the door hit you on the way out .

Oh the joys of being a courier.
device Lumia 950 xl

Eldar · Posted: Tue Jul 25, 2006 12:45 am Post subject: Re: tomtom

BanziBarn · Regular Visitor Joined: Jun 24, 2004 Posts: 82

rob-bob · Posted: Tue Jul 25, 2006 7:21 pm Post subject: tomtom charger

Does anbody have anything from tomtom about the fault with the chargers.....i cannot find anything on their website
Cheers
Rob

Andy_P · Posted: Tue Jul 25, 2006 7:40 pm Post subject:

Not TomTom themselves, but there are details of the problem (if it is the same problem that you've got) HERE

neil01 · Posted: Tue Jul 25, 2006 8:14 pm Post subject:

A good point of law to be aware of, is that any warranty is in additon to your legal rights. Legal rights which a consumer has, and cannot be taken away or diminished by any warranty, or terms and conditions.

So far as you are concerned the contract is with the supplier, and unlike the supplierTomTom can quite legally wash their hands of the problem, except in so far as any warranty they have given you applies.

Also bear in mind that if you paid under any credit agreement (Credit card, HP, or even interest free credit) the finance company is jointly liable - and you have the choice as to who you wish to claim off.

I have had awkward companies in the past and where the total cost of the goods on the invoice was over £100, I have simply contacted the credit card company stating that supplier was being awkward, so I was excercising my legal right to hold the credit card company responisble because they were easier to chase - however, not being an unreasonable person I would give them 14 days to try to talk some sense into the supplier, before I took any further action.

So far I have had stisfaction within the 14 days - but do have to admit that each case was cut and dried.

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