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ASDA ~ Do I have a chance?

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13

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  • I got a Beko fridge from Asda which lasted 18 months and they refused to pay up. Under the SOGA I should be entitled to an appliance lasting a reasonable amount of time - but the OFT emphasised that this had to be tested in court. I could have pursued it but may have ended up paying costs and in the meantime I had to get a new fridge anyway so I took the hit and bought a new one. Won't buy from Asda or Beko ever again though. Shame as a smaller Beko fridge we had is still going strong at my parents 7 years after buying it.
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    adam.mt wrote: »
    You could try quoting the EU 2 year warranty/fit for purpose condition (sure google with provide the correct name!) but as I understand it, it wasn't in fact integrated into UK law and thus they can refuse to honour it. Some people in the past have had success with this. Failing that either consider it a lesson learned or take a gamble and pay for a report hoping that it sides with you.

    no no no no no no no no no no no no no no no no no no no no no.

    Go away with this stupid secret eu law!

    OP dont listen to this poster, this eu Directive (maybe you should google exactly what a directive means in eu law adam.mt) isnt what you should be quoting. The sale of goods act is the relevant act and the directive has been implemented onto the act by making amendments to it.
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  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    The TV that was purchased would have been in excess of £300 with VAT added. I have no doubt that TV's are designed to last longer than three years. I purchased a Mirai 32 inch LCD over three years ago. It was nearer £400 but came with a 3 year guarantee. It is still going strong.
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    What the price would have been is completely irrelevant as the fact is they paid £266.50 for it so this will be taken into consideration.

    I also think your over optimistic in what you believe this cheap "tat" should last. 3 years would be a very good lifetime for a tv of that price.
    Back by no demand whatsoever.
  • adam.mt
    adam.mt Posts: 381 Forumite
    edited 12 June 2010 at 10:51AM
    no no no no no no no no no no no no no no no no no no no no no.

    Go away with this stupid secret eu law!

    OP dont listen to this poster, this eu Directive (maybe you should google exactly what a directive means in eu law adam.mt) isnt what you should be quoting. The sale of goods act is the relevant act and the directive has been implemented onto the act by making amendments to it.

    Maybe you should try reading what I wrote more closely? I did state it wasn't law and therefore not enforceable. However, other people in the past have mentioned it to stores and obtained a refund/repair. It's already been stated that under the SoGA there is no provision unless they pay for an independent report first (and it reports the fault as inherent).
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    adam.mt wrote: »
    Maybe you should try reading what I wrote more closely? I did state it wasn't law and therefore not enforceable. However, other people in the past have mentioned it to stores and obtained a refund/repair. It's already been stated that under the SoGA there is no provision unless they pay for an independent report first (and it reports the fault as inherent).

    So why even mention it. Not exacly a clever thing to do, knowingly misadvise the op to make them look stupid when they quote incorrect law.....

    I did read your post, if you read my reply again i was merely criticising the fact that you even bothered to mention it.

    All you could possibly achieve is giving a few more people knowledge of this "secret" law.:T

    IF you bothered to read the rest of the thread, you will see the op is already well advise on soga so why even bother confusing matters?

    some people:o
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  • placido
    placido Posts: 83 Forumite
    edited 12 June 2010 at 5:37PM
    4743hudsonj Quote!

    What the price would have been is completely irrelevant as the fact is they paid £266.50 for it so this will be taken into consideration.

    If the price is completely irrelevant why would it be taken into consideration?

    I also think your over optimistic in what you believe this cheap "tat" should last. 3 years would be a very good lifetime for a TV of that price.

    My optimism is based on my own experience of owning TV’s. Maybe I just got lucky. I am more than happy to accept that you “get what you pay for”; but if a TV has a 3 year guarantee then surely the manufacturer must have some confidence that it will survive for at least three years.

    That does not apply to the o/p of course as the 12 month warranty has expired.

    If an engineers report will cost in the region of £100 then it looks like the o/p is right up the creek. It could be money down the drain if the report does not support their claim that it is a design fault.

    Surely it cannot just be the cheapo TV's that develop problems when out of guarantee?
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    placido wrote: »

    If the price is completely irrelevant why would it be taken into consideration?

    The irrelevancy is that you said what the price was WITH VAT which is irrelevant as this is not what the op paid which is relevant!

    placido wrote: »

    My optimism is based on my own experience of owning TV’s. Maybe I just got lucky. I am more than happy to accept that you “get what you pay for”; but if a TV has a 3 year guarantee then surely the manufacturer must have some confidence that it will survive for at least three years.

    That does not apply to the o/p of course as the 12 month warranty has expired.

    If an engineers report will cost in the region of £100 then it looks like the o/p is right up the creek. It could be money down the drain if the report does not support their claim that it is a design fault.

    Surely it cannot just be the cheapo TV's that develop problems when out of guarantee?

    You must be lucky, in my experience too i find items both cheap and expensive get faults, but cheaper items will have a much faster depreciation in the eyes of a court as they see it as you get what you pay for. And you often see on here expensive sets being given 5-6 years lifespan so a cheap set will be considerably less IMO
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  • adam.mt
    adam.mt Posts: 381 Forumite
    edited 12 June 2010 at 10:13PM
    So why even mention it. Not exacly a clever thing to do, knowingly misadvise the op to make them look stupid when they quote incorrect law.....

    I did read your post, if you read my reply again i was merely criticising the fact that you even bothered to mention it.

    All you could possibly achieve is giving a few more people knowledge of this "secret" law.:T

    IF you bothered to read the rest of the thread, you will see the op is already well advise on soga so why even bother confusing matters?

    some people:o

    :think: Because I was trying to be helpful, unlike you!

    They have nothing to lose by mentioning the EU directive in store - it's already been established that they have no recall in law since they can't afford an engineer report. Since mentioning the EU directive has worked for others I correctly mentioned it as a potential last option (and clearly stated it is not UK law).

    Perhaps you should try to make useful posts rather than spout off and wrongly criticise others? :naughty: :silenced:
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    adam.mt wrote: »
    :think: Because I was trying to be helpful, unlike you!

    They have nothing to lose by mentioning the EU directive in store - it's already been established that they have no recall in law since they can't afford an engineer report. Since mentioning the EU directive has worked for others I correctly mentioned it as a potential last option (and clearly stated it is not UK law).

    Perhaps you should try to make useful posts rather than spout off and wrongly criticise others? :naughty: :silenced:

    Maybe you should read the rest of the thread and see the posts i have given?

    Mentioning the EU law is never a good thing and makes people look like complete fools. IT also give other members on the forum the wrong idea as they dont all read the posts properly or fully understand what is being said so all they see is 2 year eu warranty. The OP may aswell go down and say the fellas down the dog n duck said she can have a refund:rotfl:
    Back by no demand whatsoever.
  • Paris_x
    Paris_x Posts: 333 Forumite
    2012 wins...McCain Film Rental...Smooth Radio Gig Tickets...Tropicana Orange Juice...Balance Me Skincare Set...Book...Dave Spikey Tickets...Karrimor Boots...Jabra Speakers...

    Thank you to all the lovely competition/answers/codes posters :D
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