Comet and the EU two year warranty - things that make you go hmmm

wealdroam

zorber wrote: »

The 2 year warranty is not an automatic right in the UK, we only have 6 months but most stores will give you 1 year free of charge.

Are you sure about that six months bit?

Equaliser123

zorber wrote: »

HI
You havent stated what is wrong with your washing machine or what manufacturer. Comet unfortunately are prefectly entitled to tell you to prove that the machine has an inherant fault and for you to commision an engineer to inspect the issue. The 2 year warranty is not an automatic right in the UK, we only have 6 months but most stores will give you 1 year free of charge.

You are getting confused with the implied warranties under the Sale of Goods Act which do not have any defined period of time - it will be a matter of law in each case - and manufacturers guarantees which are over and above consumer's rights.

nicjh

To all those who are making helpful suggestions and treating me like an adult, thank-you.

To those who are just here to laugh and have a pop, I'm sorry, but I thought this website was for people who need help with financial/legal matters. Go away and bother someone else.

Sorry to offend anyone, but there have been a couple of comments that have really p****d me off when all I'm doing is asking for help.

And I'm sorry if I'm coming across as being a sensitive but my washing machine is 5 days over the year guarantee that Comet says is all they will offer and it has flooded my kitchen, gone through under the tiles and plasterboard wall and soaked the laminate floor in the room next door, which I am trying to dry whilst working out if I can claim for damages from Comet or Hoover or of I will need to go to my insurers. All this with an unhappy 16 month old who doesn't want me to spend any time on my computer doing the research!

I don't really give a monkeys whether thisismoney is run by the Daily Mail - I was referring to a certain class of person who reads it, not the people who aim at these morons by pandering to their tastes. I think these people are very clever and probably earn an awful lot of advertising revenue this way.

Again, thank-you to those with helpful suggestions.

nicjh

zorber wrote: »

HI
You havent stated what is wrong with your washing machine or what manufacturer. Comet unfortunately are prefectly entitled to tell you to prove that the machine has an inherant fault and for you to commision an engineer to inspect the issue. The 2 year warranty is not an automatic right in the UK, we only have 6 months but most stores will give you 1 year free of charge.

Yes, thank-you Zorber, I realise the buden of proof is on me (see my reply to Stugib) after 6 months, but with a leaking washing machine I'm trying to work out how they can say it's my fault - unless they're going to suggest I got into it somehow and fiddled...:)

RadoJo

In fairness though, Comet are within their rights to insist that you pay for the engineer's call out as there are many ways in which your use of the machine could have damaged it. Whilst the person you spoke to was incorrect about the UK's membership of the EU, they weren't incorrect in how they dealt with your situation, which I suspect is why your initial post has caused some members to respond with less than congratulatory replies.

In answer to your original question - if the engineer's report shows that your machine has an inherent fault, then they have already agreed that you could claim the call out fee back from them, so I would imagine that a phone call or letter will do the job.

Freddie_Snowbits

nicjh wrote: »

Dear god, please don't confuse me with a Daily Mail reader.:) Actually, my partner mentioned that he'd heard about it from someone and I found an article about it on thisismoney.co.uk

I know a horse, I know a horse!

The warranty is over and above your statutory rights!

(PM me and I will give you details of a good runner at Donny this week)

nicjh

RadoJo wrote: »

In fairness though, Comet are within their rights to insist that you pay for the engineer's call out as there are many ways in which your use of the machine could have damaged it. Whilst the person you spoke to was incorrect about the UK's membership of the EU, they weren't incorrect in how they dealt with your situation, which I suspect is why your initial post has caused some members to respond with less than congratulatory replies.

In answer to your original question - if the engineer's report shows that your machine has an inherent fault, then they have already agreed that you could claim the call out fee back from them, so I would imagine that a phone call or letter will do the job.

RadoJo - Thank-you for reading my original post - the thing that made me go hmmm was the comment from her about the UK not being in the EU and the thing about the Euros, not her refusal to accept my claim. I was expecting that, which is why I asked for help. And thank-you for answering my question. I really hope it is that simple. Not expecting that.

nicjh

Mark_Hewitt wrote: »

Of course they are bound by UK law. Keep in mind that UK law is the only law that applies in the UK. EU 'laws' don't exist as such. (merely directives which governments are bound to incorporate into local laws)
But a sales assistant can say what they like, doesn't make it official policy!

Certain EU directives have to be incorporated into UK law - such as this one. I was being rhetorical about Comet and them considering themselves to be outside the law! Of course I know they're not.

Equaliser123

Mark_Hewitt wrote: »

Keep in mind that UK law is the only law that applies in the UK. EU 'laws' don't exist as such. (merely directives which governments are bound to incorporate into local laws)

Not correct. EU law can be directly applicable and effective in English law - Regulations and judgments of the European Court of Justice. In addition, some directives can be enforced in the national courts.

And sadly, where there is a conflict, EU law prevails over our domestic law.

Jakg

To clarify:

The Sales of Goods Act says that if there is a failure within the first 6 months, the burden of proof is with the retailer - they have to prove it's not a manufacturing defect. After this time, you have to prove the defect is a manufacturing fault, and you have up to 6 years to claim where reasonable - i.e. if a bin bag breaks after 3 years, that might be fair use, however if you bought a £10k TV it's reasonable to expect it to last more than that.

The EU directive is an instruction (not law) that all member states (which we are) should have something similar for up to 2 years for the consumer - as the UK's SOGA act already covers you for up to 6 years, the UK already meets & exceeds this.

It's not, as many papers perpetuate, a straight 2 year "if it breaks we'll fix it" warranty.

Oh and Bulgaria, the Czech Republic, Latvia, Lithuania & Sweden are all also EU member states, but do not use the Euro.