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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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Hello, I bought an update for my Garmin Nuvi sat nav on line

Resolved Question:

Hello,
I bought an update for my Garmin Nuvi sat nav on line from the Garmin website. It doesn't work and I have followed many instructions from the help line. I would like my money back and have had to buy a new sat nav (not Garmin!) as the update has removed all the old maps and left nothing on there. I have quite a few emails and updates stored on my computer from Garmin I have copied and pasted the last email I sent them and I have had no reply at all from them. What can I do to get a refund and compensation?

Kind regards

Fiona


>> Original Message ...
>> From:[email protected]
>> To:[email protected]
>> Subject: Re: Map files <>
>> Sent: 16/04/2014 19:19 PM
>>
>>


To whom it may concern,

Okay. I did as instructed and it still doesn’t work.

I want this resolved NOW. No more messing around. I have paid for a service which has rendered my Sat Nav useless and I desperately needed it for tomorrow (Thursday 17th April). I have followed all your various instructions to the letter and it still says there are no maps. There was nothing wrong with my Sat Nav till I tried updating the maps - and I would like to point out I have done this successfully a few times now.

My Sat Nav is now ‘not fit for the purpose it was intended’. Which leads me to demand that you return my recent payment for the updated maps and I would like a brand new, replacement Nuvi with the maps already installed , supplied by yourselves, free of charge. You have had my money for about 3 weeks now and I am out of pocket financially plus my Sat Nav is defunct.

The fact that your call centre staff can not ring back is ridiculous, especially given the problems I have encountered. I have found the incessant queuing on the phone, for long periods of time, frustrating. This in itself implies you do not have enough staff covering the phones.

I still have the box I bought it in, brand new from Halfords, which is a large company with many outlets. I am also aware of my consumer rights.

I expect to hear from you no later than Tuesday 22nd April, allowing for the Easter holidays.

Yours very angrily

Mrs Fiona M Armstrong
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What is wrong with the device please?
Customer: replied 3 years ago.

My sat nav needed map updates which I do yearly. It works fine on the UK and Ireland updates but this time I made the mistake of responding to a prompt from Garmin, via my email, to update to the' Lifetime' offer, see below. When I try to use the Sat Nav there are no maps and I no information. It is utterly useless.


 

















nüMaps Lifetime™ Europe
nüMaps Lifetime is a subscription that entitles you to receive regular map updates from Garmin, for the lifetime of your product.

















Buy Now


Expert:  Jo C. replied 3 years ago.
Isnt that a software issue rather than the sat nav itself?
Customer: replied 3 years ago.

I would have said both. The the sat nav charges up fine but since attempting to update the sat nav it is now unusable. The sat nav, as I expect you are fully aware, is updated via a cable directly from my computer. There is no other way of updating it. My computer is about 3 years old. and it handles everything well. I suppose the issue is the fact that my sat nav can't take the update and instantly stopped working effectively. Garmin should know better. I entered what type of sat nav I have at the beginning of process to update - it's a Nuvi 200. Is this what you wanted to know?

Expert:  Jo C. replied 3 years ago.
Ok.

how long ago did you buy this device please?
Customer: replied 3 years ago.

About 5 years ago.

Expert:  Jo C. replied 3 years ago.
Thanks.

That is all I need to know.

If you give me 10 mins I will dictate and answer but I'm afraid its bad news.
Customer: replied 3 years ago.

What about my online payment to Garmin

Expert:  Jo C. replied 3 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

If this device is 5 years old then it has lasted a reasonable time so I'm afraid no liability under the SGA arises from that.

In terms of your costs for the purchase of the update, if that is faulty then you would be entitled to claim for that back. I presume that is a much more recent purchase. Unless they can show that it was clear that it would have been unsuitable for your particular product in some way there would be no realistic challenge to that.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Hi Jo,


 


thank you for your answer. Could you just clarify the following paragraph;


 


" I presume that is a much more recent purchase. Unless they can show that it was clear that it would have been unsuitable for your particular product in some way there would be no realistic challenge to that."


 


Fiona


 


 

Expert:  Jo C. replied 3 years ago.
Yes, what did you want to know about that?
Customer: replied 3 years ago.

Can I challenge them as there was no warning that the update wouldn't work? They must have had some inkling that it wouldn't work or they would not have got me to try updating different approaches over a long period of time - over a 3 week period. The fact is, if I had not gone for the lifetime update and just bought my usual 'nüMaps Onetime™ Europe' update then none of this would have happened. The usual update would have gone on no trouble.


It is manifestly unfair to charge for a service that doesn't work and as they make the sat navs, they must have prior knowledge as to what will update and what wont update. I had many phone conversations with Garmin. I had planned to write to them, but not through email. I would need to have my facts straight before hand.


 


 

Expert:  Jo C. replied 3 years ago.
Well, it depends.

If they represented to you that it would work with your specific product and it does not for reasons that are down to faults with your device then Im afraid they are not responsible for that.

If the issue lies with their software or they were wrong about whether it would work with a device of your type then you could reclaim from them.
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