Would i win?

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  1. Library's Avatar
    • Banned
    • Location: Sunny England
    • Posts: 473
    Would i win?
    I'm not sure if this is in the right thread, but would like to know if i can make a case out of this:

    well basically my hair straighteners blew up while i was using them. Mu ear was ringing for about an hour, and there was a mini fire forming inside the cable. I had to quickly put it off cos i have lots of turps in my room (basically white spirit) and the mains electricity didnt even turn off, so that could've been life threatening.

    Is this a worthwhile case?
  2. kaisersalsek's Avatar
    • Peer Of The TSR Realm
    • Location: UK
    in a word... no.

    If your hair straighteners are still under guarantee then you might be able to get a replacement or whatever.
  3. Baadshah's Avatar
    • Adored and Respected Member
    Hi.

    I think you have a case provided you can prove that the explosion was caused by a manufacturing defect.

    I use hair straightners myself and although I know that it must have been terrifying, I cracked up so badly when I read what happened.

    Hope you're ok and hope you can sort something out.

    Stay cool,

    Stay safe,

    The Baadshah.
  4. Library's Avatar
    • Banned
    • Location: Sunny England
    • Posts: 473
    Well, seeing as the mains electricity didn't even turn off, there must be some manufacturing defect.
  5. Juno's Avatar
    • PS Helper
    • Banned
    • Location: The Birdcage
    If you wrote a nice letter to the manufacturer (with pics of the damage if possible) you will get something. But you need to try that before you can consider anything else.
  6. Objet trouvé's Avatar
    • Benevolent Member
    • Location: La Belle France
    You have possible action under the Sale of Goods Act (if you claim that the straighteners were not of 'satisfactory quality' and are unfit for purpose) or, more viably, the Consumer Protection Act 1987 (Part Two). There are also new European Regulations regarding electronic products, although sueing the manufacturer is probably not advisable from a financial point of view. I'd write them a stern letter mentioning the magic words "trading standards" and all should be well. However, if you were injured and you feel that others are at risk, I'd inform trading standards anyway.
  7. kaisersalsek's Avatar
    • Peer Of The TSR Realm
    • Location: UK
    It depends how the damage to the straighteners was inflicted. If it was through, say, a power surge in your mains electricity then you wouldn't be able to use the Sale of Goods Act.
  8. Onearmedbandit's Avatar
    • TSR Legend
    • Location: UCL/Portsmouth
    • Posts: 11,434
    You'll get a replacement or your money back but that's about it.
  9. Onearmedbandit's Avatar
    • TSR Legend
    • Location: UCL/Portsmouth
    • Posts: 11,434
    You'll get a replacement or your money back but that's about it.
  10. Profesh's Avatar
    • TSR Deity
    Four words: Consumer Protection Act 1987.
  11. Profesh's Avatar
    • TSR Deity
    Four words: Consumer Protection Act 1987.
  12. Objet trouvé's Avatar
    • Benevolent Member
    • Location: La Belle France
    (Original post by Profesh)
    Four words: Consumer Protection Act 1987.
    Part Two.

    Can you really be bothered, though?
  13. Objet trouvé's Avatar
    • Benevolent Member
    • Location: La Belle France
    (Original post by Profesh)
    Four words: Consumer Protection Act 1987.
    Part Two.

    Can you really be bothered, though?
  14. Profesh's Avatar
    • TSR Deity
    (Original post by Objet trouvé)
    Part Two.

    Can you really be bothered, though?
    Well, give it three years, and I'll represent her.
  15. Profesh's Avatar
    • TSR Deity
    (Original post by Objet trouvé)
    Part Two.

    Can you really be bothered, though?
    Well, give it three years, and I'll represent her.
  16. Library's Avatar
    • Banned
    • Location: Sunny England
    • Posts: 473
    (Original post by Profesh)
    Well, give it three years, and I'll represent her.
    Ok i emailed them:

    Dear Sir,

    I have a pair of Nicky Clarke Electric: Salon Strategy Pro-Ceramic (straight forward) straighteners. This morning they literally blew up in my hand, and caused a mini fire in the cable. This situation could have been made worse by the fact that my whole room was filled with flammable substances due to my art work. I hope you understand the seriousness of this situation.

    Could I please have a replacement pair of straighteners.
    (Thought i would try the nice approach)

    Got a reply:
    Hello

    We are in receipt of your e-mail with reference to your Nicky Clarke Strightener.

    We are naturally very concerned to hear of your experience, and extend our sincere apologies on behalf of the Company, but as you will no doubt appreciate we are unable to comment on the failure until we have had the opportunity to fully inspect the unit.

    Please forward the unit to the Oldham address for the attention of Ann Gurd for inspection.

    Please enclose a letter inside the parcel to ensure it is brought to our attention upon receipt.

    Your postage will be refunded

    Alternativly you can return the unit to place of purchase with your receipt for exchange asking that a report be forwarded to you on our findings.

    Shall i go ahead and do it? or shall i pursue a different course of action?
  17. Library's Avatar
    • Banned
    • Location: Sunny England
    • Posts: 473
    (Original post by Profesh)
    Well, give it three years, and I'll represent her.
    Ok i emailed them:

    Dear Sir,

    I have a pair of Nicky Clarke Electric: Salon Strategy Pro-Ceramic (straight forward) straighteners. This morning they literally blew up in my hand, and caused a mini fire in the cable. This situation could have been made worse by the fact that my whole room was filled with flammable substances due to my art work. I hope you understand the seriousness of this situation.

    Could I please have a replacement pair of straighteners.
    (Thought i would try the nice approach)

    Got a reply:
    Hello

    We are in receipt of your e-mail with reference to your Nicky Clarke Strightener.

    We are naturally very concerned to hear of your experience, and extend our sincere apologies on behalf of the Company, but as you will no doubt appreciate we are unable to comment on the failure until we have had the opportunity to fully inspect the unit.

    Please forward the unit to the Oldham address for the attention of Ann Gurd for inspection.

    Please enclose a letter inside the parcel to ensure it is brought to our attention upon receipt.

    Your postage will be refunded

    Alternativly you can return the unit to place of purchase with your receipt for exchange asking that a report be forwarded to you on our findings.

    Shall i go ahead and do it? or shall i pursue a different course of action?
  18. Manatee's Avatar
    • Peer Of The TSR Realm
    • Location:
    (Original post by Library)
    Ok i emailed them:

    Dear Sir,

    I have a pair of Nicky Clarke Electric: Salon Strategy Pro-Ceramic (straight forward) straighteners. This morning they literally blew up in my hand, and caused a mini fire in the cable. This situation could have been made worse by the fact that my whole room was filled with flammable substances due to my art work. I hope you understand the seriousness of this situation.

    Could I please have a replacement pair of straighteners.
    (Thought i would try the nice approach)

    Got a reply:
    Hello


    We are in receipt of your e-mail with reference to your Nicky Clarke Strightener.

    We are naturally very concerned to hear of your experience, and extend our sincere apologies on behalf of the Company, but as you will no doubt appreciate we are unable to comment on the failure until we have had the opportunity to fully inspect the unit.

    Please forward the unit to the Oldham address for the attention of Ann Gurd for inspection.

    Please enclose a letter inside the parcel to ensure it is brought to our attention upon receipt.

    Your postage will be refunded

    Alternativly you can return the unit to place of purchase with your receipt for exchange asking that a report be forwarded to you on our findings.

    Shall i go ahead and do it? or shall i pursue a different course of action?
    Sounds reasonable to me. It's only natural for them to want to check the straighteners. You haven't suffered any loss (apart from the faulty straighteners), so getting a replacement is a perfectly acceptable solution.
  19. Manatee's Avatar
    • Peer Of The TSR Realm
    • Location:
    (Original post by Library)
    Ok i emailed them:

    Dear Sir,

    I have a pair of Nicky Clarke Electric: Salon Strategy Pro-Ceramic (straight forward) straighteners. This morning they literally blew up in my hand, and caused a mini fire in the cable. This situation could have been made worse by the fact that my whole room was filled with flammable substances due to my art work. I hope you understand the seriousness of this situation.

    Could I please have a replacement pair of straighteners.
    (Thought i would try the nice approach)

    Got a reply:
    Hello


    We are in receipt of your e-mail with reference to your Nicky Clarke Strightener.

    We are naturally very concerned to hear of your experience, and extend our sincere apologies on behalf of the Company, but as you will no doubt appreciate we are unable to comment on the failure until we have had the opportunity to fully inspect the unit.

    Please forward the unit to the Oldham address for the attention of Ann Gurd for inspection.

    Please enclose a letter inside the parcel to ensure it is brought to our attention upon receipt.

    Your postage will be refunded

    Alternativly you can return the unit to place of purchase with your receipt for exchange asking that a report be forwarded to you on our findings.

    Shall i go ahead and do it? or shall i pursue a different course of action?
    Sounds reasonable to me. It's only natural for them to want to check the straighteners. You haven't suffered any loss (apart from the faulty straighteners), so getting a replacement is a perfectly acceptable solution.
  20. chalks's Avatar
    • Overlord in Training
    • Location: Sydney
    • Posts: 2,733
    If you were to sue you would only receive the value of the straighteners (unless you suffered some form of physical injury). Accordingly, if the manufacturer is willing to replace them then that is a good result. In the covering letter it might be worth having a bit of a whinge about the distress the incident caused etc - they might bung in a voucher for another product etc.

    Keep a copy of your letter and wrap the product in bubble wrap so that there can be no later dispute that the goods were further damaged in transit to Oldham. I would deal direct with the manufacturer rather than the reseller.
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