Warranty on Electrical works contracted to a builder

I have to say I have been twice successful in using the 6 year "rule" after repeated faults.

In both cases, I have negotiated a 90%+ refund and kept the item.

BUT.

You have to be very firm when talking to them and insist on your rights under the CRA 2015. They WILL fob you off with

"Your XXX is more than 12 months old, so your repair is chargeable..."
 
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I have to say I have been twice successful in using the 6 year "rule" after repeated faults. In both cases, I have negotiated a 90%+ refund and kept the item. ... BUT. ... You have to be very firm when talking to them and insist on your rights under the CRA 2015. They WILL fob you off with ....
As you have seen I seriously share some of the doubts that this "6 year rule" can be used in anything like the 'blanket' fashion as some people seem to believe. However, if one asserts strongly and convincingly enough that it does apply, then if the people one is dealing with are less certain (that it doesn't) then, in some cases they, will given in, to avoid the legal hassle that they fear that they might otherwise face. However, one has to be very 'assertive' and thick-skinned to achieve that - something that very many people probably could not do.

It obviously also depends upon how decent a company one is dealing with, and the extent to which they prize, and take pride in, their reputation. A good few years ago a friend of mine had a Mercedes which, when he had bought it (new) was a pretty expensive model. However, some 10-12 hyears later (obviously way beyond any warranty, explicit or implied) the engine almost literally 'blew up'. He took it to a Merc main dealer, who said they would 'look into it' and get back to him. Within a very short period of time, he got a letter from one of the bosses of Mercedes, saying that "Mercedes engines certainly should not blow up, even after 10 [or whatever] years" and said that they would provide and fit a new engine free of charge - which they did!

Kind Regards, John
 
No engine should blow up. But if there is a fault from when the unit was built or lack of service during its life, of course this could cause catastrophic damage.

So it's good that MB fixed it.
 
I have to say I have been twice successful in using the 6 year "rule" after repeated faults.

In both cases, I have negotiated a 90%+ refund and kept the item.

BUT.

You have to be very firm when talking to them and insist on your rights under the CRA 2015. They WILL fob you off with

"Your XXX is more than 12 months old, so your repair is chargeable..."
Thankyou. So once again my post 7 is correct. You do in fact have 6 years protection.
 
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I think that people who encourage others to take legal action should first describe their own experiences in the field and what degree of success they had in each case and what the cost in money and time turned out to be.
 
I have to say I have been twice successful in using the 6 year "rule" after repeated faults.

In both cases, I have negotiated a 90%+ refund and kept the item.

BUT.

You have to be very firm when talking to them and insist on your rights under the CRA 2015. They WILL fob you off with

"Your XXX is more than 12 months old, so your repair is chargeable..."
I have to say that I have not tested the law for goods that have only gone wrong once and that occasion being outside the warranty period stated by the retailer.
In my case both items suffered repeated failures inside and outside the stated warranty period. One item suffered repeated failures of exactly the same part.
 
I remember a firm called "Toys are us" and they refused to replace faulty goods, so we never bought anything else from them, there policy was clearly flawed, as they no longer exist.

But with a toy we return to buy more, but with a house we don't tend to say last house was a Laing Homes house and they gave us good service so we will buy another Laing Homes house now this one has worn out.

We are more interested in location than who built it, but when I worked for an electrical firm who did work for a builder, if the builder said I have a problem with the electrics with this house, we sprang into action, as a builder gives one repeat work, which a home owner is unlikely to do.

But there are also the disputes between builder and electrician, I know we did have a builder who was a bad payer and he was often on stop, we had a limit on his account and once he hit that limit we would do no more work, if he rang it was let me check, no sorry your account has still not been paid, and it did not really matter what he needed done.

In theory he should have found some one else to do the work if we refused, it was a time and materials account so not paid by the job, so if there was a faulty item we still charged him to replace it, even if he did not charge the customer. He selected what he wanted to be used, so if he selected poor quality it was down to him.

So when we had a wet room installed in my mothers house, and the builder went to the wall, one we did not have contact details of the electrician, and two he was unlikely to come and do repairs for work he had not been paid for and was unlikely to get paid for.

As to 6 years, this would mean if work has been done just before you retire you could be asked to come and fix it at 72 years old, this does seem unreasonable, I even at 70 am not as agile as when I retired and would not now want to climb ladders. I would say most sole traders would likely return 6 months latter, but 6 years!

There is also the legal problem, when my son decided to cease sole trading and go cards in, he had to sign to say he would not continue to trade, otherwise he could have been using the new firm to find him jobs. He was allowed to complete work under way, and it was agreed there was a time limit, can't remember how long, but know I finished off some jobs for him as he could not do them his self.

In the same way as I completed a job, so he could have employed some one else to complete a job, as could anyone who has retired, but would need to be within the time when he can claim tax back, as it would need to be included in his tax returns.

We do have good will. But if the lights failed next door I would try and fix them for her even when I have never worked on her house, and once a firm or person has stopped trading then good will not help them.

So it comes down to insurance, and I know my son had insurance, so if some thing had gone drastically wrong after he had finished trading then I suspect he could have still claimed on insurance? I have not a clue really how that works, I know with cars we had a knock for knock system and the insurance companies agreed with each other who would pay for what.

But I have never seen on a bill who the insurance company is, so if my friend Stephen had unfinished or faulty work in progress when he died, I am sure the insurance would cover, but how one would know who to claim from not sure. And 6 years latter don't think his widow would know who he had insured with.
 
No engine should blow up. But if there is a fault from when the unit was built or lack of service during its life, of course this could cause catastrophic damage.
Indeed. I can't remember details of the actual problem (I'm not sure that I ever knew) and "almost literally blew up" was obviously a bit of an exaggeration. All I remember was that there was apparently a very loud 'bang', plus some other noises and the engine stopped and, after investigation, the dealer said that the engine was 'beyond repair' (even suggesting, kf I recall, that it might be too damaged to be taken into 'part exchange' for a replacement reconditioned one). Fortunately, it had been regularly serviced, as required (I think by the Merc dealer) throughout its life.
So it's good that MB fixed it.
Indeed so.

Kind Regards, John
 
Do I take it that a 'latent fault' could be a (design or material) problem which could in no way be identified (e.g. by testing) at the time of sale, but which had an adverse effect on long-term behaviour/performance/survival?
Basically, yes.
I did slightly conflate "fault free" and "reasonably durable" - though the two are somewhat linked. If something breaks in an unreasonable time then it could be that it was already faulty when sold but it's taken time for the latent fault to show itself, or it could be that it was originally fault free but just wasn't durable enough to take the usage.
So effectively 6 years protection then as I said.
No, the CRA does not give you 6 years, it might not give you 6 months, or 6 weeks (c.f. my example of buying an obviously "too cheap to be true" pan) - it might give you 10 years, but 4 of those years might not be enforceable.
So once again my post 7 is correct. You do in fact have 6 years protection.
Nope :rolleyes: Once again, you have failed to comprehend what has been explained to you. The CRA does not give you 6 years protection, it could give you more or it could give you less. THERE IS NO TIMESCALE GIVEN.

It is idiots who stand there and shout loudly things like "I have 6 years, the CRA says so" that give retailers ammunition for dismissing more reasonable customers by tarring them with the same brush. It's been explained to you more than once that the CRA does not give a timescale, it does not give a blanket warranty, and it most certainly doesn't give you 6 years protection. The only place 6 years comes into it is a DIFFERENT law that puts an upper time limit on civil claims - so in practical terms there is a 6 year upper limit on CRA protection which is most definitely not the same thing as "you have 6 years protection".

There are also other bits of legislation that come into play. Apple found out the expensive way that across the whole of the EU, it's a legal requirement that a basic warranty be 2 years. In Italy they were taken to court and had to pay out a few hours profit in fines for sticking to the "one year limited warranty" and pushing consumers to pay for an extended warranty.
 

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