Faulty kettle bought from Argos

derrick

Tozer wrote: »

All such utter rubbish.

SOGA does not last for 6 years. There is no time limit which the goods must last for. It is the Limitation Act 1980 that refers to 6 years.

You are right that case law does not supersede statute. BUT IT IS A DIFFERENT ISSUE.

Yes we disagree. What are your qualifications or background to be able to spout all of this with such authority?

Why is it rubbish? that quote is from the government website Consumer Direct, and in the SoGA,(albeit worded differently)!
I said; -
under the Sale of Goods Act, you will still be protected by these rights which can run for up to 6 years after purchase.

I did not say how long goods must last for, I said "SoGA can last up to 6 years,( to make a claim against the retailer), so unlikely they run out before any warranty!"
Which it can, it is an Act of Parliament, unlike warranties that are at the whim of a manufacturer, and do not have to be provided!

I have no legal background in the law, just the layman's knowledge, and that is the same as the majority of people that take retailers to the small claims courts via SoGA, you don't need to be a lawyer to know your rights!

Are you saying that no one should use the SoGA? If so why, as it is there to be used by the public without the need for overpriced lawyers!

hollydays

Why would someone with no legal background be arguing with someone who has a legal background?

If the easier route is to claim under the guarentee why make your life hard just to prove the efficacy of the SOGA,there are textbooks and there is practicality,being pig headed never saved time or money.

derrick

hollydays wrote: »

Why would someone with no legal background be arguing with someone who has a legal background?

If the easier route is to claim under the guarentee why make your life hard just to prove the efficacy of the SOGA,there are textbooks and there is practicality,being pig headed never saved time or money.

I am not arguing with them, (and we only have their say so they are a solicitor!), they just don't seem to want to acknowledge the SoGA which is where the consumer should go, that is why it is there, as I have said before, the manufacturer can and do tell the consumer to "go away"! Therefore it is not easier to claim under a warranty!

You don't need a legal background to quote what is in the relevant statutory Acts, you don't need a legal background to take some one to the small claims court, most people on here offering advice/information have no legal background!

ALL the government backed websites inform you to take faulty items up with the retailer, i.e. the business that you have the contract with!
Read my post #10 again, warranties do NOT take precedence over statutory rights!

hollydays

If I had a small issue with my rights, for example,I wouldn't take it to the Court of Human rights.Why use a sledgehamer to crack a nut?

We don't know "he" is a solicitor,but he has exhibited a considerable amount of balance in his posts,and considerable legal knowledge,on more than just the piffling SOGA.You are right,anyone on here can assist by bringing up a link to the SOGA from Consumer Direct,but it isn't always relevant ,as each case is different.

Coupon-mad

hollydays wrote: »

If I had a small issue with my rights, for example,I wouldn't take it to the Court of Human rights.Why use a sledgehammer to crack a nut?

We don't know "he" is a solicitor,but he has exhibited a considerable amount of balance in his posts,and considerable legal knowledge,on more than just the piffling SOGA.You are right,anyone on here can assist by bringing up a link to the SOGA from Consumer Direct,but it isn't always relevant ,as each case is different.

I agree with you, each case is different.

I gave my response (above) knowing full well that the contract lies firstly with the retailer under the SOGA. But also knowing that, in practice, Argos would dig their heels in over a kettle bought so long ago and the OP would have had a fight on their hands!

That's why in this individual case, as there is a guarantee and it's not an item that you would expect to last years and years anyway - it simply makes more sense to deal with the manufacturer.

BargainJunky, I would be phoning up Morphy Richards again next week and telling them you've tried descaling (even if you haven't! :rolleyes:). Tell them the fault is persisting and could they possibly replace the kettle please under the terms of the warranty?

I reckon they will send you a new one, as they won't want to be paying for postage to and fro to repair such a small item. Best of luck, give them one last chance - as Jane Blackford said above.

Tozer

derrick wrote: »

I am not arguing with them, (and we only have their say so they are a solicitor!), they just don't seem to want to acknowledge the SoGA which is where the consumer should go, that is why it is there, as I have said before, the manufacturer can and do tell the consumer to "go away"! Therefore it is not easier to claim under a warranty!

You don't need a legal background to quote what is in the relevant statutory Acts, you don't need a legal background to take some one to the small claims court, most people on here offering advice/information have no legal background!

ALL the government backed websites inform you to take faulty items up with the retailer, i.e. the business that you have the contract with!
Read my post #10 again, warranties do NOT take precedence over statutory rights!

Believe me if I was going to impersonate someone, it wouldn't be a lawyer!:rotfl::rotfl::rotfl:

It is not a manufacturer's warranty but a guarantee. I have never said that it takes precedencce over SoGA.

For the absolute final time, the remedies are ALTERNATIVE. As someone else said, the path of least resistance is to be recommended.

derrick

Tozer wrote: »

Believe me if I was going to impersonate someone, it wouldn't be a lawyer!:rotfl::rotfl::rotfl:

It is not a manufacturer's warranty but a guarantee. I have never said that it takes precedencce over SoGA.

................................................................................................. ......... Spellchecker maybe?

But SoGA takes precedence over a warranty!

For the absolute final time, the remedies are ALTERNATIVE. As someone else said, the path of least resistance is to be recommended.

Consumer Direct; -
"In addition to the protection given to consumers by the Sale of Goods Act, manufacturers and retailers will also issue their own guarantees or warranties. The two are basically the same thing so for the purposes of simplicity we will refer to them as warranties."
"Warranties are basically a commitment to repair or replace defective parts within a specified time frame (usually 12 months), although beware of any small print requiring the consumer to bear the cost of any shipping, labour etc as this runs contrary to the Sale of Goods Act which states that it is the seller’s (retailer’s) responsibility to ensure the goods are repaired or replaced at no cost, minimum inconvenience and within reasonable time."
"Furthermore, you should never be referred back to the manufacturer at any point. Your first and only port of call in the event of a claim is always the seller or retailer."


If you purchase an item from a retailer, why wouldn’t you go back to that retailer if the item were faulty? Surely it has to be the easiest form of action,(or "path of least resistance"), to return to where you made the purchase! (If you purchased a dodgy loaf from Tesco, you wouldn’t attempt to return it to the bakers).


The SoGA gives you the remedy in law,( a warranty is given at the whim of a manufacturer with all of their T&Cs associated with them). The first port of call should be back to the retailer,(most manufacturers will tell you that any way), if no joy you can inform them of their obligations under SoGA, if that fails you can take the action necessary under SoGA, and if you really want to you can try the manufacturer, but don't hold out much hope!

Tozer

derrick wrote: »

Consumer Direct; -
"In addition to the protection given to consumers by the Sale of Goods Act, manufacturers and retailers will also issue their own guarantees or warranties. The two are basically the same thing so for the purposes of simplicity we will refer to them as warranties."
"Warranties are basically a commitment to repair or replace defective parts within a specified time frame (usually 12 months), although beware of any small print requiring the consumer to bear the cost of any shipping, labour etc as this runs contrary to the Sale of Goods Act which states that it is the seller’s (retailer’s) responsibility to ensure the goods are repaired or replaced at no cost, minimum inconvenience and within reasonable time."
"Furthermore, you should never be referred back to the manufacturer at any point. Your first and only port of call in the event of a claim is always the seller or retailer."


If you purchase an item from a retailer, why wouldn’t you go back to that retailer if the item were faulty? Surely it has to be the easiest form of action,(or "path of least resistance"), to return to where you made the purchase! (If you purchased a dodgy loaf from Tesco, you wouldn’t attempt to return it to the bakers).


The SoGA gives you the remedy in law,( a warranty is given at the whim of a manufacturer with all of their T&Cs associated with them). The first port of call should be back to the retailer,(most manufacturers will tell you that any way), if no joy you can inform them of their obligations under SoGA, if that fails you can take the action necessary under SoGA, and if you really want to you can try the manufacturer, but don't hold out much hope!

Honestly, I cannot be bothered anymore. Contract Law in a Nutshell is a recommended read for you though. :rotfl:

derrick

Tozer wrote: »

Honestly, I cannot be bothered anymore. Contract Law in a Nutshell is a recommended read for you though. :rotfl:

Thank God for that!

Consumers do not need to know about contract law, just their rights under the legal avenues open to them, i.e SoGA!

Tozer

derrick wrote: »

Thank God for that!

Consumers do not need to know about contract law, just their rights under the legal avenues open to them, i.e SoGA!

I can't resist.

IT IS ALL CONTRACT LAW!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! SOGA implies terms into contracts.

For crying out loud.