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More 'Latest Map Guarantee' woes
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DennisN
Tired Old Man
Tired Old Man


Joined: Feb 27, 2006
Posts: 14890
Location: Keynsham

PostPosted: Mon Jun 09, 2008 10:31 pm    Post subject: Reply with quote

mikedean2 wrote:
exactly what map(s) the LMG is supposed to cover (i.e. theres more than one map on the device - do they ALL get updated?) and what percentage of people using this forum have got that update honoured 'properly' (i.e. just plugging the device in and it doing it all itself), how long this problem with automatically getting it has been going on


My problem was I got new ONE. I held off running LMG because I was hoping the new maps with IQ routing would come out within the 30 days. They didn't but another new map did. My ONE came with map 710, by the time I got it, map 715 had already come out, but I didn't log in to try for that. Map 720 came out, so I went for that one.

LMG in Home actually worked for me, saying I was entitled to a new map. However, when I went to get it, it was map 715. So I got onto TT to get the most recent one, map720. It took 3 weeks and 2 days. They NEVER did fix LMG for me, simply added it (manually?) to my account. Right up until I did that, I could have downloaded map 715 by the LMG click route. It was my guess that LMG looked at what map I had, how long I'd been around and if another later map existed, it would let me have the next incremental map. I never thought that was a deliberate restriction, simply an incompetent bit of programming.

To the best of my knowledge, LMG has always been a problem right from the start - didn't work by just clicking. BUT some people have indicated that it DID work for them just by clicking. The majority of stories you'll read here on the subject are from people for whom it did not work. You have to judge for yourself whether that's because only the dissatisfied people post. But there have been quite a lot of people for whom the LMG did not work as advertised.
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If it tastes good - it's fattening.

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RebelYell
Occasional Visitor


Joined: Mar 02, 2008
Posts: 5

PostPosted: Sun Jul 20, 2008 11:38 am    Post subject: Upgrades Reply with quote

Quote:
The other info asked for above is to help me prepare my small claims court action, once I've checked that I can list an action against a manufacturer rather than the retailer.




Your action needs to be against the retailer under the sale of goods act. Thye in turn have an action against the manufacturer. A manufacturers guarantee is largely irrelevant under consumer law as the term revolves around "merchantable quality" which is a balancing act between the price, the devises uses and the expectation of longevity.

If you paid for the device on your plastic you could alternatively get them to breath down the necks of Tom Tom under section 75 of the aforementioned act as they too can be held responsible for the failure of TT to honour the guarantee. This I think would be a better course of action given that Online sales requires plastic and the threat of some credit card company pulling the plug on their cards use at TT would weigh heavily on their minds
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mikedean2
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Joined: May 24, 2006
Posts: 39

PostPosted: Sun Jul 20, 2008 12:41 pm    Post subject: Reply with quote

In the main, you're entirely correct i.e. a customers contract exists with the retailer rather than the manufacturer. In this instance though, the goods ARE mercantable and of reasonable quality, and the issue relates not to the item at purchase but instead to a promise POST purchase. The advice I got was that it was 'reasonable' to pursue the manufacturer on that promise rather than the retailer, but only if I could show that that promise was a key factor in my buying decision.
Actually, lots of retailers try this trick to relieve the pressure of dissatisfied punters - PCWorld is famous for it. Of course, they're completely wrong, and much as they'd like it, their 'company policy' does not 'over-ride' consumer legislation - you BOUGHT your item from them, and if it goes belly up its THEM that you have recourse against. In my case the retailer couldn't have been more helpful and was more than happy to exchange the item or refund it.
What eventually happened was I wrote a 'letter before action' to TomTom at its UK address, along with my contact details. Three days later, I received a call from TomTom and we sorted out my download. Now, that COULD have been pure coincidence, but I think I'll put my money on the other possibility!
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