2 year EU guarantee

aliEnRIK

I wasnt aware of this (And clearly neither were Tescos!)

http://www.guardian.co.uk/money/2009/may/23/tesco-consumer-guarantee

Antispam

The sale of goods act is better than the EU directive, the EU directive only covers up to 2 years the burden of prove like sale of goods act on all goods is on you after the first 6 months. The SOGA can extend up to 6 years

Email I got from EU

The Directive lays down a presumption that goods which show a lack of conformity within 6 months of purchase were defective at the time of purchase. After 6 months you have to demonstrate that the goods were defective when you purchased them.

aliEnRIK

In practice its far harder to enforce the 'sale of goods' act though (Many MANY people have been simply refused). The EU guarantee is a no brainer and they cant refuse (Once they realise it exists of course)

Antispam

I have this from Consumer direct that you need to use SOGA, the EU directive is misleading that is why I emailed them and I spoke with these people last week on this very subject http://www.ukecc.net/ they also said to use soga I am currently using it with currys and have a engineer coming today to fix a freezer who has an inherent fault I am now asking them to pay for consequential damages for food and if they dont I will sue them

I also spoke at great lengths with my EU MP who gave me that link to get more advice

The EU does not go any further than the SOGA in fact it is worse it gives the bare minimum cover unlike SOGA

EU directive up to 24 months burden on prove after first 6 months is on the consumer
SOGA up to 6 years (5 in Scotland) burden on prove after first 6 months is on the consumer

aliEnRIK

Please explain what your saying there spam
Your saying the EU 2 years is NOT a guarantee ~ you have to prove after (Within?) 6 months that the item isnt as it should be?

And how do you enforce this 'SOGA' for definite as everyone I know whos tried to enforce the sale of goods act has failed?

Antispam

Yes it is not a guarantee that is why I got confirmation from EU which I posted above in brown.

After the first 6 months or although its usually 12 with a 12 months guarantee its up to the consumer to prove the goods have a inherent fault, that is why I got a engineer coming today who said on Friday my freezer does have a inherent fault. I had to let it defrost because I was sold a defective freezer that doesnt defrost properly (its frost free) ice built up and caused it to not work properly. The manufacturer is paying for this and the engineer has told me it has a inherent fault, I will them once I got it in writing claim from Currys


You can believe what you like with the press but it is plain wrong, teh wording from the EU directive which come sin pdf forum is misleading

aliEnRIK wrote: »

Please explain what your saying there spam
Your saying the EU 2 years is NOT a guarantee ~ you have to prove after (Within?) 6 months that the item isnt as it should be?

And how do you enforce this 'SOGA' for definite as everyone I know whos tried to enforce the sale of goods act has failed?

Antispam

Exact email I got from the EU http://ec.europa.eu/europedirect/



Dear xxxxx,

Thank you for your enquiry.
Directive 1999/44 applies to all sales and which requires manufacturers to provide repairs or replacement of goods that fail to conform to the sales contract for up to 2 years after the goods are sold.

This is the link to the Directive:
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=31999L0044&model=guichett


The Directive lays down a presumption that goods which show a lack of conformity within 6 months of purchase were defective at the time of purchase. After 6 months you have to demonstrate that the goods were defective when you purchased them.

As a result, it appears that the UK rules correctly implement the Directive on this point.

You can find out more on Directive 1999/44 on this official EU website:
http://ec.europa.eu/consumers/cons_int/safe_shop/guarantees/index_en.htm


We hope this answers your query.

Yours sincerely,

Citizens Signpost Service

aliEnRIK

Cheers spam

Clearly tescos thought the EU directive applies so I think ill certainly be giving it a go (Should I ever need to)

Antispam

well just got my freezer fixed turned out the sensor inside the freezer was put in the wrong place, its a known problem one which manufacturer knows about but doesn't let on according to refrigeration engineer

So once I get it in writing which i got some evidence now I will claim for loss of food

http://www.fixya.com/support/t739185-frigidaire_frf170ff_freezer_beeping

From service company email

Dear Sir,

It is very difficult to diagnose faults on appliances without inspecting them first. From your description of the fault it sounds as if the freezer is not defrosting fully, during the defrost cycle, and the frost and ice is build up is restricting the air flow around the cabinet. Our other suggestion is that the internal fan is not working. We would recommend that you contact a local refrigeration technician to inspect the freezer and give you an accurate diagnosis. The service company we use in your area is xxxxxxxxx, if this of any help.

aliEnRIK

I gotta give you respect spam ~ I like people that fight for their rights

Antispam

Well thanks fight isn't over yet.I aint loooking froward to claiming for damage to our food I had to throw a 90% large freezer of food away