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  Reply # 2181709 17-Feb-2019 22:34
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networkn: but I feel in these forums from time to time, are a group of people who believe no benefit of the doubt should be given, and an attack at the jugular is always the best course of action.

 

 

I can't recall any specific CGA disputes on GZ that were as you describe. But, that is not to say it doesn't happen.  But I completely agree that someone with a CGA claim should try to resolve things politely and methodically.  Shouting and rudeness is counterproductive. 

 

But, so many retailers are far from angels when it comes to the CGA ... eg, Spark told me that their lawyers have determined that under the CGA an iphone is only expected to last 2 years. They were using this nonsense to deny customer CGA claims.  I had to lodge a telecoms dispute resolution complaint to get spark to actually honour my rights (which they were ordered to do). 

 

I don't know if spark have changed this policy since. 


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  Reply # 2181711 17-Feb-2019 23:04
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networkn:

 

Retailers are full of people, who as you are aware, are fallable. Even with a company policy clearly in place, people will bypass those, or fail to follow them for a variety of reasons. There ARE retailers who as policy will try it on first time, and throwing the book at them is a great way for them to learn a hard lesson, but I feel in these forums from time to time, are a group of people who believe no benefit of the doubt should be given, and an attack at the jugular is always the best course of action.

 

 

I fail to recall where people have acted as you described. Most of the times I see people here advising to get a copy of the CGA and go back to the retailer to see if they can get to an agreement.





 
 
 
 


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  Reply # 2181713 17-Feb-2019 23:08
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When I worked in retail, I had people try and use the CGA argument and "I'm a lawyer" to get things that aren't actually covered by the CGA - when I asked him what section of the CGA we would be in breach of he couldn't tell me


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  Reply # 2181732 18-Feb-2019 01:10
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surfisup1000:

 

But, so many retailers are far from angels when it comes to the CGA ... eg, Spark told me that their lawyers have determined that under the CGA an iphone is only expected to last 2 years. They were using this nonsense to deny customer CGA claims.  I had to lodge a telecoms dispute resolution complaint to get spark to actually honour my rights (which they were ordered to do). 

 

I don't know if spark have changed this policy since. 

 

 

There's absolutely no way that any real lawyer would have issued that supposed guideline. The CGA is deliberately silent in terms of any kind of rule of thumbs on how long a product can/should be expected to last. It's all facts and circumstances dependent -- and the relevant facts and circumstances will include the nature of use by the consumer as well. Chances are there was some operational person who mistook some manufacturer recommendation/technical view for some kind of definitive CGA guidance. Mind you, we have also had people vehemently claim that the Commerce Commission issued such a guideline (no such thing exists and no such thing ever will).

 

 

 

 


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