Can someone have a looky at my letter?

dizzybuff

Hi I have attached a letter i am sending off . Can someone just make sure its okay..I have talked to consumer direct and they have advised me to put a time frame into a contractual letter.


Thanks a million this is related to the under thread
http://forums.moneysavingexpert.com/showthread.html?t=1879751&highlight


Dear Sir/Madam,
Supply of Goods & Services Act 1982 (As amended)
Common Law Scotland
On 10/9/2009, you undertook Service call Visit to report on faulty Goods on Behalf of Ikea / Whirlpool (Service call Reference ******) for the sum of £85.
The problems are:

• The original Fault on this product was reported to IKEA on 17th August 2009. I phoned Whirlpool and arranged a service call out after many phone calls to your Service Centre and Paid £85. Call out fee.
• I then received the report several days later and sent this to IKEA by recorded delivery and this letter was received on the 17th September 2009. It took IKEA a week to contact me regarding the refund for the repair and service call out charge and this was eventually completed on the 2nd October 2009.
• I then contacted service Force to arrange the ordering of the item on the same day and the lady I spoke to told me that the part would be ordered on the Following Monday 5th October 2009. I have yet to hear anything from Service call regarding the repair of my appliance.
• I have now been without my IKEA PRO A oven for 8 Weeks, I have been cooking solely on a hob and with a young family to feed this has become a considerable stress

The Supply of Goods and Services Act 1982 (as amended) states that work should be in a reasonable time.
I would like the following:

• The Repair of my appliance within 14 days of the date of this letter.
• Compensation for the time this has taken
• If no repair is completed within 14 days of this letter, I will seek a replacement product from yourselves at your cost.
• I appreciate it takes time to fix Items however I feel 8 weeks is beyond the reasonable time of 28 days as placed as a guidance by Consumer direct.

Please respond to my complaint or complete the work in the next 14 days. If you fail to respond or remedy in this time, I will have no option but to consider taking the matter further


Was gonna send this to both whirlpool and ikea..

Thanks for your help

Anihilator

Your letter is fairly crap to be honest.

You only instructed service point to act on the 5th October. You need to give them reasonable time.

Ikea might be slightly different but as far as I can see they have acted within the SOGA and sorted the situation. Its then the people who you contracted who are slowing things down.

You are giving Servicepoint 24 days to repair it. This is probably reasonable but your bound by their terms and not the SOGA re the repair unless the repair drags on in breach of SOGA

dizzybuff

Fair does and thank you .. I will call service call now and ask for time , its been 8 weeks and its doing my nut in ..

Northants_Simon

It's not to the point, doesn't really explain the problem and doesn't really state much.

This is part of a letter I recently sent after a product I purchased didn't work. The retailer is giving me the runaround over a replacement. In my case I only had the item a short time.

Rejection of goods under the Sale of Goods Act 1979.

The goods refer to XXXXXXXXXXXXXXX

Under the sale of goods act 1979, I reject the goods for the following reasons.

The goods are not in new condition, they appear to be B grade, a returned item. They have a returns label attached. No mention was made of this at the time of sale, the item was sold as new.

The goods are faulty. The fault is XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

You have failed to replace or refund the item for a fault that was present when the item was purchased. You have insisted I return the item to your base for examination/repair by your engineers.

Section 48B (2)(a) of the Sale of Goods act states for faulty goods "replace the goods within a reasonable amount of time, but without causing significant inconvenience to the buyer"

Returning the item and waiting weeks for a replacement is a significant inconvenience as I purchased the goods for use on a certain date (XX/XX/09), which will have passed by the time I get a replacement/refund.

Notice of legal action

Notice is herby given that XXXXXXXXXXX have 7 days from the date of return of the goods (13th October 2009) to replace the goods with new or refund in full. Failure to do so will be taken as a breach of the Sale of Goods Act and result in legal action through the small claims court. No further warning will be given.

The amount claimed is the full amount of the faulty goods (£179.99), plus the cost of court action (£30), plus reasonable expenses and to include interest. Court action will commence at 12 noon on the 21st October 2009.


In this letter I have stated the fault on the product and that I require the goods to be working by a certain date (which they had told me they can't do). I have also made it clear that they have seven days to replace or refund for the goods, otherwise I will use legal action to recover the cost of the goods.

It might seem harsh, but this company aren't listening. I had already spoken with them at length about it.

Anihilator

dizzybuff wrote: »

Fair does and thank you .. I will call service call now and ask for time , its been 8 weeks and its doing my nut in ..

But it hasnt and that is my point.

You have two seperate issues here.

The SOGA and Ikea one and the service point one. You cant blame service point for the other or vice versa.

Ikea have settled their SOGA obligations and Service point have only been instructed to act 10 days ago.

dizzybuff

phoned the service center they have the part and were "getting round to calling me " now have to wait till 26th all day appointment for them to fix my oven.

total time for repair 10 weeks.