Consumer Rights: MoneySavingExpert.com discussion

jenniashton

yeah it was the airline that had the pram checked out and them that are saying they are not liable for any of the damages as they class them as general wear and tear even though it was them that caused these probems.
I have taken pictures of the pram as soon as i got it home, showed the customer services person the pram as soon as i got it so they are not denying any of it just not going to replace or repair
jenni

Art_2

Depending on the value of the damage you could always go to the Small Claims Court.
In order to win your case you would have to prove the airline caused the damage. It is not acceptable to simply accuse them of doing so.

You will need proof of the state of the article prior to handing it to the airline. You already have proof of its condition upon being returned to you.

Regards,
Art

Equaliser123

Issue a summons and watch them try to settle this straight away. Had this situation previously (with a suitcase). "Wear and tear" is a poor excuse and absolutely no defence in law.

jenniashton

thanks very much, could you please advise me on how i go about doing this?
jenni x

Equaliser123

jenniashton wrote: »

thanks very much, could you please advise me on how i go about doing this?
jenni x

Yes. Issue a claim form in your local county court. It's an N1 form.

custardy

you are right,a personal trainer should have advised you on warms up/stretches
especially if you are new/out of training in a long time

alan.m_3

Hi, my expensive 600 quid five year old oven just stopped working after using the self-clean function (high-temperature burning off of dirt) for maybe the third time. Repair guy says it will cost up to 400 to repair (needs an expensive new control panel circuit board thingie). I feel that this means it wasn't fit for purpose, despite it being a few years old and out of guarantee - theoretically I should have been able to "self-clean" every day if I felt like it? Would the shop or manufacturer be responsible for this, if so?

Thanks in advance,
Alan

Art_2

alan.m wrote: »

Hi, my expensive 600 quid five year old oven just stopped working after using the self-clean function (high-temperature burning off of dirt) for maybe the third time. Repair guy says it will cost up to 400 to repair (needs an expensive new control panel circuit board thingie). I feel that this means it wasn't fit for purpose, despite it being a few years old and out of guarantee - theoretically I should have been able to "self-clean" every day if I felt like it? Would the shop or manufacturer be responsible for this, if so?

Thanks in advance,
Alan

I think you are going to find it hard getting the retailer to accept any liability after 5 years. Speak to them and let us know what they say.

If they do accept liability remember you wont get a full replacement but a pro-rata one reflecting 5 years use.

Regards,
Art

alan.m_3

Art wrote: »

I think you are going to find it hard getting the retailer to accept any liability after 5 years. Speak to them and let us know what they say.

If they do accept liability remember you wont get a full replacement but a pro-rata one reflecting 5 years use.

Regards,
Art

I'd already spoken to them, and they just said it was out of guarantee and that's that. I was just wondering if there was a case to be made for fitness for purpose, as this self-clean function seems to have detroyed it. Given the cost of repair I'd be better off getting a new one - so my oven is basically scrap. Is that reasonable after only five years under the SOGA (and this is unprovable of course, but I've only had it installed & working for maybe three years, after a house renovation)?

custardy

thing is after 5 years you would be getting a pro rata refund
if they say it would last say 6 years its a refund of under £100
in real terms i think 5 years could be deemed acceptable TBH