Broken ikea oven

TRRER

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability

The above is from the sale of goods act 1979
its simple, it costs £35 to sue for breach of contract, a cooker should last more than 2 years(durability), they will know this and sort before going to court, it matters not whether the guarentee is still in force, i wouldnt be paying anyone £85 in your situation, as they have tried to mess you around and not grant you proper attention, i would claim for a few meals out as well

ps if you feel apprenhisive doing this yourself the CAB will help you

Brooker_Dave

TRRER wrote: »

The above is from the sale of goods act 1979
its simple, it costs £35 to sue for breach of contract, a cooker should last more than 2 years(durability), they will know this and sort before going to court, it matters not whether the guarentee is still in force, i wouldnt be paying anyone £85 in your situation, as they have tried to mess you around and not grant you proper attention, i would claim for a few meals out as well

But any court will also take into account that any item sold will need minor repairs now and then, expecting complex manufactured goods to last indefinitely is just unreasonable.

And perhaps you could explain how OP is going to prove that the oven was sold with an inherent fault?

TRRER

[

And perhaps you could explain how OP is going to prove that the oven was sold with an inherent fault?[/QUOTE]

he wont need to, its how companies work, they are fobbing off OP, has they do knowing 99% of customers will shrink away, if he sues they will then shrink themselves.

I personally think a cooker should last more than 2 years without needing repairs, you obviously dont. Ultimately its not for me or you to say. I am just saying to the OP, i know they have a lot better chance than 99% of getting the cooker mended without cost by threat of court, than to and fro phone calls with a company that refuse to help

Firefox1975

TRRER wrote: »

[

And perhaps you could explain how OP is going to prove that the oven was sold with an inherent fault?

he wont need to, its how companies work, they are fobbing off OP, has they do knowing 99% of customers will shrink away, if he sues they will then shrink themselves.

I personally think a cooker should last more than 2 years without needing repairs, you obviously dont. Ultimately its not for me or you to say. I am just saying to the OP, i know they have a lot better chance than 99% of getting the cooker mended without cost by threat of court, than to and fro phone calls with a company that refuse to help[/QUOTE]

You cannot guarantee they will "shrink" away though?!? That is just bad advice.

You are "suggesting" that they will and that past trends dictate companies "usually" do. But it is No Guarantee!

Companies rigourously test there products before dispatch. they have to . It is the law, especially when dealing with Gas etc.. That is why they come with "kite marks" and stickers all over the place

To suggest the OP will win an argument stating the product was not fit for purpose over 2 years ago when it was delivered is ridiculous.

Yes she might get a free repair - but if she doesn;t and gets in too deep it will cost her a fortune and she MIGHT end up with nothing but a big legal bill!

I do not believe that it is a good idea to even attempt this one.

I reiterate - heartache and life taking over.

Tozer

Firefox1975 wrote: »

he wont need to, its how companies work, they are fobbing off OP, has they do knowing 99% of customers will shrink away, if he sues they will then shrink themselves.

I personally think a cooker should last more than 2 years without needing repairs, you obviously dont. Ultimately its not for me or you to say. I am just saying to the OP, i know they have a lot better chance than 99% of getting the cooker mended without cost by threat of court, than to and fro phone calls with a company that refuse to help

You cannot guarantee they will "shrink" away though?!? That is just bad advice.

You are "suggesting" that they will and that past trends dictate companies "usually" do. But it is No Guarantee!

Companies rigourously test there products before dispatch. they have to . It is the law, especially when dealing with Gas etc.. That is why they come with "kite marks" and stickers all over the place

To suggest the OP will win an argument stating the product was not fit for purpose over 2 years ago when it was delivered is ridiculous.

Yes she might get a free repair - but if she doesn;t and gets in too deep it will cost her a fortune and she MIGHT end up with nothing but a big legal bill!

I do not believe that it is a good idea to even attempt this one.

I reiterate - heartache and life taking over.

Couple of things - you are correct - nobody can "guarantee" that they won't settle straight away. But in my experience, no big organisations fight small claims.

How can a "big legal bill" develop? At worst it will be the issue fee and hearing fee.

dizzybuff

I understand what i am getting into , It is now my onus to prove there is a fault with the oven and i will continue the route i am taking . All in all I still need a quote off whirlpool as this is a requirement and the onus of proof is on me . Its not taking over my life and I would never let it do that .

I feel I have a duty to other concumers also to let them know that these appliances can develop faults . Hense posting here .

I wont get too deep into this please dont worry . However I will keep you posted

dizzybuff

Tozer wrote: »

Couple of things - you are correct - nobody can "guarantee" that they won't settle straight away. But in my experience, no big organisations fight small claims.

How can a "big legal bill" develop? At worst it will be the issue fee and hearing fee.

Again tozer thank you .

I will be seeing the CAB this week if I get time also . and contacting IKEA to see if I can get another whirlpool qualified engineer to quote . Possibly at a lower rate .

TRRER

Firefox1975 she might get a free repair - but if she doesn;t and gets in too deep it will cost her a fortune and she MIGHT end up with nothing but a big legal bill!

I dont think you know what you are on about. it costs £35 to sue for breach of contract, it is a do it yourself job, there is NO LEGAL BILL, other than the £35

why are you trying to scare her off?, if she feels hard done to it is her perogotive to try and put it right, you are opinion as to how long a cooker should last is obviously different to hers(and mine), let a court decide, but dont make silly comments as to large legal bills to frighten, thats completly silly

to the OP
btw you will get the £35 back, when you win your case

Brooker_Dave

TRRER wrote: »

btw you will get the £35 back, when you win your case

*If* you win your case.

Firefox1975

TRRER wrote: »

I dont think you know what you are on about. it costs £35 to sue for breach of contract, it is a do it yourself job, there is NO LEGAL BILL, other than the £35

Yes and all solicitors work for free these days?

Or are you , once again, "presuming" that the company will not defend with it's own solicitors?

Would you be willing to take a proffesional on with this case?

Everyone seems to think it is a clear cut case - it doesn't seem to be.

Maybe i'm negative, but if you don;t consider the worse case scenario then all advice is given blindly.