Death of a tracker

marionq

Registered User
Apr 24, 2013
6,449
0
Scotland
The purchase of a tracker for £196 was essential three months ago because of my husband's serious wandering and being picked up by police. After some teething troubles it began to pay its way and was very useful on those occasions when he went off without me.

Last week it stopped working and was returned for repair. I am told that it cannot be repaired because of water damage, overheating and the fact that it has been opened.

John has very lengthy showers and possibly put the tracker in his medicine cabinet while he was in there which could account for the water damage but the overheating I would have thought a design or product fault. The opening was me thinking it needed a new battery.

Do I have a case for replacement here?
 

Chuggalug

Registered User
Mar 24, 2014
8,007
0
Norfolk
The purchase of a tracker for £196 was essential three months ago because of my husband's serious wandering and being picked up by police. After some teething troubles it began to pay its way and was very useful on those occasions when he went off without me.

Last week it stopped working and was returned for repair. I am told that it cannot be repaired because of water damage, overheating and the fact that it has been opened.

John has very lengthy showers and possibly put the tracker in his medicine cabinet while he was in there which could account for the water damage but the overheating I would have thought a design or product fault. The opening was me thinking it needed a new battery.

Do I have a case for replacement here?

Who was responsible for the repair, Marionq? Was it a service centre of some description? If so, you'd be better off taking it to a smaller outfit, like a radio repair shop.
 

nitram

Registered User
Apr 6, 2011
30,072
0
Bury
The overheating is probably secondary to the water damage and relates to burnt out tracks on the printed circuit board due to short circuiting because of the water.

If the supplier is not the manufacturer, even if the product is a branded item, you may have more success by contacting the manufacturer directly

Have you checked your house insurance for accidental damage?
 

Grey Lad

Registered User
Sep 12, 2014
5,736
0
North East Lincs
The purchase of a tracker for £196 was essential three months ago because of my husband's serious wandering and being picked up by police. After some teething troubles it began to pay its way and was very useful on those occasions when he went off without me.

Last week it stopped working and was returned for repair. I am told that it cannot be repaired because of water damage, overheating and the fact that it has been opened.

John has very lengthy showers and possibly put the tracker in his medicine cabinet while he was in there which could account for the water damage but the overheating I would have thought a design or product fault. The opening was me thinking it needed a new battery.

Do I have a case for replacement here?

I would try them under the Sale of Goods Act and 'merchantable quality'. I am going back some time to my legal studies but my argument would be as follows:

Who are they marketing the tracker at and why is is not waterproof? You should argue that people with dementia are a target group for the tracker and therefore it should be designed with that in mind. It clearly hasn't so it is not fit for purpose. No manufacturer likes this line. Well worth a try. Check the law on line so you can quote chapter and verse.
 

Margarita

Registered User
Feb 17, 2006
10,824
0
london
Last week it stopped working and was returned for repair. I am told that it cannot be repaired because of water damage, overheating and the fact that it has been opened./QUOTE]

I work in retail the fact that it had been open does not effect your statutory rights
Fit for purpose, and last a reasonable length of time normally a year
(unless you got extenned guarantee)

You're legally faulty product can be return and you’ve a legal right to a FULL refund ( or replacement)

But the company is now saying to you it also has " water damage"

I bet they will says its all down to water damage

I am not sure if you mean the battery is causing the product to overheat.
If so they you would legally have case for replacement .
 
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Margarita

Registered User
Feb 17, 2006
10,824
0
london
The overheating is probably secondary to the water damage and relates to burnt out tracks on the printed circuit board due to short circuiting because of the water.


Yes they blame it all on the water damage . so they don't have to legally refund or replace the product

Same go with all electrical appliances .
 

nitram

Registered User
Apr 6, 2011
30,072
0
Bury
"I am not sure if you mean the battery is causing the product to overheat.
If so they you would legally have case for replacement "


The battery is the only source of energy so it must be the root cause of any overheating.

If the fault was the battery itself, faulty design and/or manufacturing it should be replaced FOC.

If short circuits were caused by the ingress of water the argument moves to was it sold as waterproof/splash resistant and if not is it reasonable to expect it to be.
 

Grey Lad

Registered User
Sep 12, 2014
5,736
0
North East Lincs
Believe me they will not like fitness for purpose argument.. Check the law and blind (or bluff) them with legal jargon. It has always worked for me! :D
 

marionq

Registered User
Apr 24, 2013
6,449
0
Scotland
Got an email offering to replace it totally for the equivalent repair cost of £50. I had already accepted this before reading your advice in posts. You all make good points and I will keep this in mind for future dealings with the suppliers.

The trouble with an item in the possession of someone with dementia is you do not know for sure what they did with it.

Thank you all.
 

Grey Lad

Registered User
Sep 12, 2014
5,736
0
North East Lincs
Got an email offering to replace it totally for the equivalent repair cost of £50. I had already accepted this before reading your advice in posts. You all make good points and I will keep this in mind for future dealings with the suppliers.

The trouble with an item in the possession of someone with dementia is you do not know for sure what they did with it.

Thank you all.

Well done.:)
 

nitram

Registered User
Apr 6, 2011
30,072
0
Bury
Success, if they are a big organisation they probably let you have a new one at cost, I doubt if they actually repair any, knowing that you will now maintain your annual subscription.
 

Beate

Registered User
May 21, 2014
12,179
0
London
How strange. I got a Buddi through Social Services and we've had to replace it a few times already, once because it was washed, and they have always replaced it because there is some kind of insurance with it.
 
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marionq

Registered User
Apr 24, 2013
6,449
0
Scotland
Beate I believe that Glasgow at one time issued the Buddi trackers but they went with the cuts. Your local authority may well no longer issue them.
 

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