Leaking Asda kettle

Clare11
Clare11 Posts: 174 Forumite
edited 24 June 2010 at 8:02PM in Consumer rights
Hi everyone
I bought an Asda own brand electric kettle in 18/01/09 and it has now started to leak.
Now please do tell me that EU law gives consumers a TWO year guarantee on goods?

I rang the store concerned and got a "manager" and he said that it was company policy to offer a ONE year and ONE MONTH guarantee which MUST include receipt plus BOX!!! He actually asked me had I the box!!!!

I told him that I thought he was mistaken and that under EU law the kettle is covered by a TWO year waranty. I offered to give him a copy of this article written in the Daily Mail in May 09.
But he just spouted "company policy"
So.........I asked for his name again after I told him I would be contacting my local Consumer Council office in Belfast.
He was very hesitant but repeated his name. And said that perhaps he would fore go the item being returned in the original box but there was only a ONE year guarantee!

He then just spouted that I should contact the STORE manager on Saturday.

Who is right and who is wrong?
Remembering that I am in NORTHERN IRELAND

Its not for the value of the kettle but its the principle of it all!

Please advise.

Kind rgards
Clare
Every penny is a prisoner.......
«134

Comments

  • pulliptears
    pulliptears Posts: 14,583 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Im guessing it was under £20, and you have had it for 18 months ish. Stop and ask yourself if its really worth the hassle for a cheap Asda kettle, even for the principal.
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    The Eu directove is not law, yes thats right, NOT law

    At least not in the sense that you can rely upon it (due to it only having vertical direct effect - google it)

    Besides, even if it was law like you think it is, it IS NOT a two year warranty, again atleast not as you think it is. It merely stipulates that a warranty should be implied that goods are of satisfactory quality etc.

    Anyways what you should be relying on is the Sale of goods act (which was amended to comply with the directive, which implies terms of 'satisfactory quality', 'fitness for purpose' and 'durability' among other things for up to six years.

    Your next move to proceed is to obtain an engineers report detailing the fault and whether or not the fault is an inherent manufacturing fault. If it is then you may proceed. Or you could just accept you bought a cheap kettle and got what you paid for.
    Back by no demand whatsoever.
  • pulliptears
    pulliptears Posts: 14,583 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The Eu directove is not law, yes thats right, NOT law

    At least not in the sense that you can rely upon it (due to it only having vertical direct effect - google it)

    Besides, even if it was law like you think it is, it IS NOT a two year warranty, again atleast not as you think it is. It merely stipulates that a warranty should be implied that goods are of satisfactory quality etc.

    Anyways what you should be relying on is the Sale of goods act (which was amended to comply with the directive, which implies terms of 'satisfactory quality', 'fitness for purpose' and 'durability' among other things for up to six years.

    Your next move to proceed is to obtain an engineers report detailing the fault and whether or not the fault is an inherent manufacturing fault. If it is then you may proceed. Or you could just accept you bought a cheap kettle and got what you paid for.

    SSSSHHHHH!!! Its that Secret Law remember ;)
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    SSSSHHHHH!!! Its that Secret Law remember ;)

    Sorry. *wink, wink, nudge, nudge*
    Back by no demand whatsoever.
  • Esqui
    Esqui Posts: 3,414 Forumite
    Clare11 wrote: »
    Hi everyone
    Now please do tell me that EU law gives consumers a TWO year guarantee on goods?
    Nope. Have you been reading th-
    I offered to give him a copy of this article written in the Daily Mail in May 09.

    Well....yeah.


    But like the other posters say, it's not worth it for a cheap kettle
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • Clare11
    Clare11 Posts: 174 Forumite
    Well......
    It was a cheap kettle but I have to say.......it lasted much longer than the so called "top brands" which I have bought at near twice the price.

    But as you rightly say...it was a cheap kettle and why put my blood pressure up....life is too short.....:)

    Apparently this particular Asda store gives shoddy customer service to pensioners.....treats them like criminals when they return a faulty item within the ONE year guarantee.
    Every penny is a prisoner.......
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    just as a sidenote, although they can ask for proof of purchase, it doesnt have to be a receipt. Can be bank statement. Although this may cause problems if you bought more than 1 item at the same time as the values wouldnt match

    I apologise in advance if i havent been very clear. I have a tendency to babble when tired :)
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    Clare11 wrote: »

    Apparently this particular Asda store gives shoddy customer service to pensioners.....treats them like criminals when they return a faulty item within the ONE year guarantee.

    Do you know how big a company Asda is? Your little crusade about a kettle won't change either the policies of either the corporation or the store.

    I understand your concerns, but it is a cheap kettle. Move on.
  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Clare11 wrote: »
    Well......

    Apparently this particular Asda store gives shoddy customer service to pensioners.....treats them like criminals when they return a faulty item within the ONE year guarantee.
    (My highlighting)

    That was in the Daily Wail as well ?? :D:D Allegedly .........
  • pmduk
    pmduk Posts: 10,670 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The one thing to learn from this is not to trust anything you read in the Daily Mail.
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