daveh Posted January 13, 2014 Report Share Posted January 13, 2014 I am hoping that someone here can give me some advice. I have been wearing digital hearing aids, in each ear, for about 8 years. I am an ageing git and the years are catching up with me ! My latest pair was purchased from Boots on the Scottish mainland in May 2011 and I have approximately 2 years 4 months left of the 5-year warranty to run. The whole package totalled just under £4,000 and they were the "state-of-the-art" when I purchased them. When they have worked, they have been superb but I have had many problems with them. I have made about 6 return trips to the mainland, at my expense, to have them repaired in the Boots branch and they have also been returned to the branch, via expensive guaranteed/insured postage, about 5 or 6 times for in-house adjustment. They have also been returned to the manufacturer at least 3 times for them to adjust them with the latest adjustment involving the electronics in them both being replaced. They are still not working as they should do. To say that I am miffed with them is a massive understatement and it has reached the stage where I am not prepared to just see my 5-year warranty wither away. I often have to use my spare older aids when the main ones let me down and that is just not acceptable. I have demanded that Boots provide me with a new pair together with a new 5-year warranty period but they are dragging their heels and their customers services department is not bothering to phone me despite the guy at the branch pushing them to do so. I am now seriously considering going through the small claims procedure to solve the matter. I gather that, in Scotland, this is limited to £3,000 which is a tad irritating if I am successful. If I do go ahead with it, do I issue the claim here in Shetland, where the branch is on the Scottish mainland or do I issue it where the HO is in London (where I presume I would be eligible to get the full £4,000 if my case is proved)? This is all new to me as usually just my threats of legal action, for past consumer problems, has brought about a satisfactory conclusion. Any advice will be appreciated.Thanks Link to comment Share on other sites More sharing options...
brian.smith Posted January 13, 2014 Report Share Posted January 13, 2014 Boots have a shop in Shetland so you should be fine with jurisdiction however taking action in London may be more difficult due to your location and it could be said that another court was more sutible Link to comment Share on other sites More sharing options...
brian.smith Posted January 13, 2014 Report Share Posted January 13, 2014 http://www.scotcourts.gov.uk/docs/default-source/gn---small-claims/02-taking-a-claim-to-court---cases-raised-on-or-after-1-december-2009.doc?sfvrsn=16 This explains questions of jurisdiction Link to comment Share on other sites More sharing options...
ArabiaTerra Posted January 13, 2014 Report Share Posted January 13, 2014 My advice would be to pop in to Citizens Advice, they should be able to sort you out. Link to comment Share on other sites More sharing options...
shetlandpeat Posted January 13, 2014 Report Share Posted January 13, 2014 AT is right, either go to CAB or engage your own solicitor/legal eagle. Link to comment Share on other sites More sharing options...
daveh Posted January 13, 2014 Author Report Share Posted January 13, 2014 Thanks for the excellent link, Brian. I am in town on Wednesday so, as Arabia T suggests, I might pop into the CAB in the first instance.. Thanks, guys. Link to comment Share on other sites More sharing options...
unlinkedstudent Posted January 13, 2014 Report Share Posted January 13, 2014 Digital hearing aids are more sensitive, I understand, than the old bog standard audio type. From those people I know who have them, they tend to have them adjusted 3-4 times per annum. Some people require more than this, especially in the first six months. I doubt this would be a small claims court matter and suspect you'd need a medical expert to confirm that adjustments weren't just due to your hearing perhaps deteriorating. I know a friend of mine was unhappy with having to have hers adjusted and upgrades done but when we looked at the small print, it stated that adjustments would normally be necessary and recommended having a back-up pair (which is one reason why they tend to try to flog you 2 pairs at once). Was all the small print pointed out to you when you purchased them? Not everyone is suitable for digital hearing aids. I'm not sure whether digital hearing aids are available in all NHS regions; I tihnk my friend enquired and was advised that with her type of hearing impairment they weren't suitable and she should never have purchased them, and the company did refund some money. Link to comment Share on other sites More sharing options...
shetlandpeat Posted January 13, 2014 Report Share Posted January 13, 2014 AT is right, either go to CAB or engage your own solicitor/legal eagle. Link to comment Share on other sites More sharing options...
daveh Posted January 13, 2014 Author Report Share Posted January 13, 2014 Thanks for the responses. Unlinked student - the digital aids that are giving me problems are the third digital pair that I have had. I bought a best pair and a second cheaper back-up pair down south 8 years ago. The first two were long out of their initial 2-year warranty periods and, when I went to the mainland to have them checked, I was tempted by the 3rd more expensive pair. The fact they came with a 5-yr warranty was almost as attractive as the fact that they were so advanced of what I had previously. As I wrote earlier, when they have worked as they should (ironically, such as this evening) they really are superb, My problem is that they are so unreliable despite all the adjustments and repairs to them that have been done. This weekend was one such example when the left one went dead on me for a while and, when the sound came back, it was giving me distorted sound only. I had to switch to a different one for the best part of yesterday. I don't particularly want to travel down the small claims route and would happily settle for a completely new pair and a new 5-year warranty. It is the seeming reluctance of the Boots customer service people to even discuss it with me that is forcing my hand. I will give them the rest of the week and attempt to make contact with them again tomorrow. Link to comment Share on other sites More sharing options...
Colin Posted January 14, 2014 Report Share Posted January 14, 2014 I would have thought that the Sale of Goods Act(s) might also apply. A 5 year warranty implies to me that (unless you bought it separately) that the manufacturers are confident that the units should last at least 5 years. As they have not, they cannot be described as giving you 'fair usage' and that they are not of 'merchantable quality'. Link to comment Share on other sites More sharing options...
brian.smith Posted January 15, 2014 Report Share Posted January 15, 2014 be cautious in obtaining the services of a solicitor. Expenses in small claims actions are limited and even if your succesfull you could find yourself with a hefty legal bill. Link to comment Share on other sites More sharing options...
daveh Posted January 15, 2014 Author Report Share Posted January 15, 2014 Many thanks to all who have responded to this thread. When I threatened to go to court over this and let them know that I wasn't bluffing, I have had a couple of phone calls at last from the customer services department. They have agreed to all my requests and will be letting me have an upgrade to the next generation of hearing aids. They have also agreed that, when I get the new hearing aids, I will get a brand-new 5 year warranty with them. They have also agreed that I can have a 2-month period to test the new ones out, whilst initially retaining the old ones, whilst I see if I can get on with them. If I don't get on with new ones, they will come up with an alternative which may well be (which I would like) a brand new pair of the ones that have been so troublesome. This is a happy outcome for me although I will have to make at least a couple of trips to the mainland at my expense but I can't really chase them for reimbursement as it is down to me the fact that I chose to live in Shetland. Again - many thanks for the responses and advice. shetlandpeat 1 Link to comment Share on other sites More sharing options...
brian.smith Posted January 15, 2014 Report Share Posted January 15, 2014 Great result daveh Link to comment Share on other sites More sharing options...
daveh Posted January 15, 2014 Author Report Share Posted January 15, 2014 Thanks, Brian.I might treat myself to a glass of sherry to celebrate. brian.smith 1 Link to comment Share on other sites More sharing options...
shetlandpeat Posted January 15, 2014 Report Share Posted January 15, 2014 Well done Dave... Link to comment Share on other sites More sharing options...
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