Re: What are my rights



On Thu, 2 Mar 2006 18:39:53 -0000, "JoeJoe" <no@xxxxxxxx> wrote:

My Belkin modem/router dies last month.

Asked for an RMA on their website, but after hearing nothing for a couple of
week I spend a week trying to get hold of them over the phone. When I
finally managed they promptly send me a replacement under their life time
guarantee.

Yesterday (after 27 day) they finally looked at my web request and emailed
me to inform me that a replacement was on its way (arrived today).

I mentioned to them over the phone that I already asked for an RMA online.

What should I do now? I emailed them back asking them to arrange for the
2nd one to be picked up, but at their speed of response it is likely to be a
long time before they do that, if at all.

What are my rights? Does the 2nd one become mine after a period?

TIA.

PS: I would have been more sympathetic and I know that we all make mistakes,
but after their appalling service so far I don't have much time left for
them.

IIRC, UK law allows you to take ownership of *unsolicited* goods
after you have jumped through a number of hoops (none of which I can
remember now).

I can't see you being able to successfully argue that the 2nd modem
was unsolicited so I don't believe you have any rights to the second
modem.

*However*, Belkin have a responsibility to relieve you of the problem
of securely storing their property. I'm pretty sure that you could
start billing them for the storage after a period of time but I don't
know the details.

The laws covering this problem date back to when a common scam was to
post unsolicited goods to people and follow them up with bills
accompanied by all sorts of threats about the consequences of
non-payment. They were very effective and stopped the practice dead. I
know that there is a newsgroup dedicated to this type of legal
question - if you can find it, I'm certain you'll get chapter and
verse on what you need to do.


Regards,
vj
.