USC claim 4 month old bag does not have manufacturing defect

[ericsbrother]

that may well be true, if you know what the material is you can ask SATRA if they have any data on it and use that to try and get at least a partial refund or a decent discount off another bag. The bag will ahve abrand of some sort so a bit of searching before you go back to the shop may well pay dividends

[kp278]

sorry for the radio silence, i sent LBA, gave them 4 weeks, waited 6, about to file a claim. can i base the particulars on my lba and keep it fairly simple, ie:

 

I purchased a ruck sack - one ‘71531803000 Firetrap Luxe B/Pack’ - from USC retail shop on 23^rd August 2018. I paid £23.

 

The item developed a fault in January 2019.

 

The Consumer Rights Act 2015 makes it an implied term of the contract I have with USC that goods be as described, fit for purpose and of satisfactory quality.

 

As the item is not of satisfactory quality USC are in breach of contract and as the fault developed within 6 months it is my statutory right to ask for a full refund of the original cost paid.

 

On 12 January 2019 I returned the ruck sack to the store but the manager would not accept the faulty item.

 

On 14 January I emailed customer services for assistance and on 17th January they replied advising they would not accept the faulty item. I pressed further but their response was the same.

 

On 21 and 29 January I emailed the CEO but did not receive a response.

 

In April I spoke to customer services and they agreed to receive the item so they could inspect it personally. On 20th April they advised they had inspected the item but would not accept the faulty item. The item was returned to me.

 

On 16th May I sent a letter before action but USC did not respond.

 

I seek original cost of item at £23.

[kp278]

Hi all, are you able to advise on the above? Thanks. Kris 

[Jase1982]

Looking at it again, it depends on whether a lifespan of four months is deemed a reasonable amount of time for that item to last based on the value.  Or should it have lasted a lot longer.  Personally I wouldn't expect a bag of 23 quid to last very long at all, and in my opinion they have a fair right to put into question the way in which it was being used for the four months of use you had from it.  Having said that, because you notified them of the fault within 6 months the onus is still on them to prove otherwise.

 

If you sent the LBA on the 16th May (I assume giving them fourteen days to respond) you should have filed court papers at the end of May.

 

They're clearly not going to refund you and the only way of finding a way out of this would be to take them to the small claims court.  I don't think an LBA should be used as an idle threat.

[ericsbrother]

It will depend on how it has been used. You get a 5 year warranty on a new car but not if you rally it or drive it into a wall.