New cooker faulty! My rights?

Sarah.jay

Hi,
Can anyone help. Bought a new Belling cooker (£680) from M&S online in January. In March the hob part broke. Called out engineer who decided to order the part needed. Had to wait 8wks for it to be ordered! Engineer came back out yesterday with wrong part and it is now going to take another 6/8 wks to reorder the part needed with still no guarantee it'll be fixed then.
Can I demand a replacement cooker or my money back? 4mths to fix a 5mth old cooker seems ridiculous and unfair.
Where do I stand?

Thank you in advance
Sarah

shaun_from_Africa

Normally the retailer has the option whether the repair, exchange or refund you and they can make the choice but whatever they do must be carried out within a reasonable time and with as little inconvenience to the buyer as possible

Sale of goods act.

F4048BRepair or replacement of the goods

 
(1)If section 48A above applies, the buyer may require the seller—

(a)to repair the goods, or

(b)to replace the goods.

(2)If the buyer requires the seller to repair or replace the goods, the seller must—

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

I would be on the phone to M&S pointing this out to them and letting them know that 4 months certainly isn't a reasonable time and that you would like a full refund or a replacement oven.

Sarah.jay

Hi
Just wanted to say Thank you.
Called Belling again today and after them telling me it would be the end of August before getting the part needed I quoted the Sales of Goods Act as you said and now they've agreed to replace the cooker in next few days!
Thank you again
:beer:

fluffnutter

Sarah.jay wrote: »

Hi
Just wanted to say Thank you.
Called Belling again today and after them telling me it would be the end of August before getting the part needed I quoted the Sales of Goods Act as you said and now they've agreed to replace the cooker in next few days!
Thank you again
:beer:

That's a great result... but also quite depressing to hear. It's obviously possible for them to resolve this in the next few days because a simple mention of the SOGA has made them jump to it. But why couldn't they do this quicker anyway? People shouldn't have to beg or threaten companies. It's like you're fobbed off all the time unless you know the law well enough to complain. Rubbish.

shaun_from_Africa

I'm amazed that did anything at all even with the mention of the SOGA.
You don't generally have any contract with the manufacturer (Belling) unless you purchase directly from them.
As you got your oven from M&S, they are the ones who are legally responsible for sorting out the oven and they are ones liable under the SOGA.

In the end though, at least you got a good result.

somethingcorporate

What Shaun said, nothing to do with Belling, they have been very generous. Count yourself lucky OP!