Faulty Appliance - Debenhams

fatJock_2

I purchased a Krups coffee machine in Jan 2007 from Debenhams for £450 and had to have it replaced due to the grinder breaking in Aug 2007.

Now the thing has started to leak and I'm wondering what my recourse is. In my opinion under the Sale of Goods Act the coffee maker is not fit for purpose as, in my opinion, at £450 is should last more than 19 months.

The units are still on sale at Debenhams for the same sum however, given that I am already on my second one I'm reluctant to have it replaced. Am about to write to Debenhams to ask for a full refund but I suppose they could either offer a replacement or a repair.

Can someone just confirm, should Debenhams deny all responsibility, that my contract is with them and not the manufacturer? Also - anyone had any dealings with Debenhams that have merited/required a small claims action?

All comments welcom even if they are only "Come on - you're pushing it a bit!"

Meepster

Good news: Your contract IS with Debenhams, not the manufacturer, so it is down to them to sort the problem out for you.
Bad news: They can offer a repair or replacement unit, they don't have to offer a refund. (Unless they say they can't offer a repair or replacement, in which case, you should seek a full/partial refund)

fatJock_2

Thanks

Just got off the phone to them, firstly to their central customer services then to the store one [Milton Keynes].

Person tried to fob me off saying that as out of warranty I'd have to take it up with the manufacturer. Re-iterated that I had bought the item from Debenhams and expected them to address the issue.

Added to that the fact I mentioned the unit is causign my electrics to trip she seemed a bit more interested ...... or maybe it was the fact I said I'd taken Trading Standards advice and mentioned Sale of Goods Act and fit for purpose in the same sentence

Said someone will call me back but I presume if the issue is not resolved I just write giving a time to respond [recorded delivery] to their Head Office and then instigate a small claims action if there is no response. I presume the letter giving notice also forms the letter before action notice I'd need to give before issuing a small claims action?

Barneysmom

I'm suprised they said that. My steam press broke down and they exchanged for a new one within a week.
I hope you get on ok with them, that's a lot of money for a cuppa.

fatJock_2

Tell me about it ...... I love the machine - grinds the beans and all that but I'm starting to think that the fact it does all that in such a small footprint means it could be prone to disaster!

When it went at first [within the year guarantee] they replaced it without a quibble. Rightly so I'd expect them to say "Well, it's out of guarantee" but equally so - for the amount of wonga I'd expect it to last longer.

And no, before anyone asks - I'm not running a Costa's franchise from my kitchen

Blacksheep1979

You have no right to a full refund, nor to that matter even a part refund. Debenhams needs to make you 'whole' and that means either a repair or replacement. Now if Debenhams can't do that then they can offere a part refund as you have had 19 months of use from the machine, assuming the machine would have an acceptable lifespan of say 3 years I'd say you'd be lucky to get 1/2 your money.

Tozer

Legal position (rather than some of the speculative comments on here) - you are entitled to a repair or a replacement or the cost of a third party repairing. If neither are appropriate then you are entitled to a refund.

Brooker_Dave

fatJock wrote: »

I purchased a Krups coffee machine in Jan 2007 from Debenhams

Am about to write to Debenhams to ask for a full refund

I think they might point out that you've had it for 2 years.

Why do you think a full refund is in order???

Brooker_Dave

Tozer wrote: »

Legal position (rather than some of the speculative comments on here) - you are entitled to a repair or a replacement or the cost of a third party repairing. If neither are appropriate then you are entitled to a refund.

That's not true, best OP can hope for is a partial refund based on 2 years of use.

Reality says they need to get their coffee machine mended somewhere at their own expense.

Brooker_Dave

fatJock wrote: »

Thanks

Just got off the phone to them, firstly to their central customer services then to the store one [Milton Keynes].

Person tried to fob me off saying that as out of warranty I'd have to take it up with the manufacturer. Re-iterated that I had bought the item from Debenhams and expected them to address the issue.

Added to that the fact I mentioned the unit is causign my electrics to trip she seemed a bit more interested ...... or maybe it was the fact I said I'd taken Trading Standards advice and mentioned Sale of Goods Act and fit for purpose in the same sentence

Said someone will call me back but I presume if the issue is not resolved I just write giving a time to respond [recorded delivery] to their Head Office and then instigate a small claims action if there is no response. I presume the letter giving notice also forms the letter before action notice I'd need to give before issuing a small claims action?

Take them to court for what exactly???

fatJock_2

Blacksheep1979 wrote: »

You have no right to a full refund, nor to that matter even a part refund. Debenhams needs to make you 'whole' and that means either a repair or replacement. Now if Debenhams can't do that then they can offere a part refund as you have had 19 months of use from the machine, assuming the machine would have an acceptable lifespan of say 3 years I'd say you'd be lucky to get 1/2 your money.

Thing is ..... if you look at it from the perspective that I've had two of the machines over a two year period you'd sort of get to thinking they are defective. A £450 appliance in my experience should last 4-5 years.

I spoke to Debenhams and they no longer stock the model [although I saw it at the local store at the weekend]. They confirmed they would take the matter up with Krups and get back to me with some options tomorrow.

Their preferred option was to replace - which, if they can, I'd be happy with!