Legal advice please - consumer rights for a waher dryer.
Discussion
Not PH related but please somebody help.
Washer dryer under 1 year old, engineer been out about 6 times so far, still got the same problem. Where do I stand. Comet state all they can do is book the same engineer AGAIN. Anyone know if there's any consumer law I can call on in my favour to get a replacement (the old Comet 3 call outs and its new for old, is merely a rumour apparently).
Plase someone help - I cant afford more time off work for the same engineer to hopelessly have a guess a the problem.
Any PH'er an expert in this field ??
Washer dryer under 1 year old, engineer been out about 6 times so far, still got the same problem. Where do I stand. Comet state all they can do is book the same engineer AGAIN. Anyone know if there's any consumer law I can call on in my favour to get a replacement (the old Comet 3 call outs and its new for old, is merely a rumour apparently).
Plase someone help - I cant afford more time off work for the same engineer to hopelessly have a guess a the problem.
Any PH'er an expert in this field ??
Hi, sorry for your troubles. I've had a similar problem with an LCD TV.
The thing to remember is that you are protected under the Sales of Goods Act 1979 - can't remember the particular section (something like 43 I think), but the important bits are (again from memory):
1. Goods sold must be durable
2. They must be of satisfactory quality
3. They must be free from all defects including cosmetic when sold
To give a bit of detail on the above and to put them into perspective: If you spent £xxx.xx on a washer dryer - would it be reasonable to expect to have to replace it within x years?
It used to be that the consumer had to prove defects were present when they bought the item, but according to the chap I spoke to at consumer direct about 3 weeks ago it's now the retailers responsibility - which is next to impossible to prove so that's in the consumers favor.
You are protected under the SOG Act for up to 6 years after your original purchase - but there is a limit to what can be considered reasonable.
The retailer can offer a repair or a replacement - they don't have to give you a refund. All repairs must be completed in a 'reasonable time' and without 'inconvenience or cost' to you. Any replacement must be like for like or better.
If you bought the washer dryer on any form or credit you might extra protection - especially if you bought it on a credit card/instore credit. I ended up threatening to charge back the entire purchase of my TV via my credit card company - it was surprising how quickly the managers position of 'screw you' changed to have a brand new - better spec tv and we'll deliver it, are you in tomorrow.
I found going to the store on a busy Saturday morning and talking VERY LOUDLY to the manager about the terrible customer service, how poorly you've been treated and how upset you are - but not shouting or getting aggressive helps too.
Give consumer direct a call and put in writing (recorded) a complaint to head office remember to quote the sales of goods act and that you're claiming your statutory right of a replacement or repair and if they are unable to help you will accept a refund. Emphasize how reasonable you've been and are being.
I contacted the manufacturer when I had problems and they were really helpful - they put pressure on the retailer by refunding them for TV - thus taking any barrier away from a refund. The manufacturer doesn't have to assist but in my experience if you're nice to them they're more than happy to help out. Might be worth a try?
I'd recommend as a minimum you call your bank/credit card company see if they can help and call consumer direct.
Good luck :-)
The thing to remember is that you are protected under the Sales of Goods Act 1979 - can't remember the particular section (something like 43 I think), but the important bits are (again from memory):
1. Goods sold must be durable
2. They must be of satisfactory quality
3. They must be free from all defects including cosmetic when sold
To give a bit of detail on the above and to put them into perspective: If you spent £xxx.xx on a washer dryer - would it be reasonable to expect to have to replace it within x years?
It used to be that the consumer had to prove defects were present when they bought the item, but according to the chap I spoke to at consumer direct about 3 weeks ago it's now the retailers responsibility - which is next to impossible to prove so that's in the consumers favor.
You are protected under the SOG Act for up to 6 years after your original purchase - but there is a limit to what can be considered reasonable.
The retailer can offer a repair or a replacement - they don't have to give you a refund. All repairs must be completed in a 'reasonable time' and without 'inconvenience or cost' to you. Any replacement must be like for like or better.
If you bought the washer dryer on any form or credit you might extra protection - especially if you bought it on a credit card/instore credit. I ended up threatening to charge back the entire purchase of my TV via my credit card company - it was surprising how quickly the managers position of 'screw you' changed to have a brand new - better spec tv and we'll deliver it, are you in tomorrow.
I found going to the store on a busy Saturday morning and talking VERY LOUDLY to the manager about the terrible customer service, how poorly you've been treated and how upset you are - but not shouting or getting aggressive helps too.
Give consumer direct a call and put in writing (recorded) a complaint to head office remember to quote the sales of goods act and that you're claiming your statutory right of a replacement or repair and if they are unable to help you will accept a refund. Emphasize how reasonable you've been and are being.
I contacted the manufacturer when I had problems and they were really helpful - they put pressure on the retailer by refunding them for TV - thus taking any barrier away from a refund. The manufacturer doesn't have to assist but in my experience if you're nice to them they're more than happy to help out. Might be worth a try?
I'd recommend as a minimum you call your bank/credit card company see if they can help and call consumer direct.
Good luck :-)
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