VAX 6141T caught fire

mike2909

Hello I am looking for advice before having to spend money on a solicitor.
On the 21 June 2011 I bought a Vax 6141T online from Robert Dyas. I used the machine for the first time on 3rd July to clean the upholstery and carpets in my wifes car. I had only been using the machine for 5 minutes and there were sparks a flash and the motor caught fire. My friend who was in the garage with me helping to clean the car switched off the electric and pulled the plug. The motor continued to burn until we dumped it under water.
As it was Sunday I could not contact Robert Dyas so phoned the Vax helpline as I had registered for the 2 year extended guarantee.
They told me because the machine had caught fire that I should return it to them not Dyas.
The machine was collected by a courier 2 days later. A week later I had heard nothing from Vax so called them myself (0845 number).
I was informed that I was to blame for the machine catching fire as I had not used the machine according to manufacturers guidelines and that dirty water had been sucked up into the motor causing the fire.
While this was going on I had contacted Dyas ( well within the 28 days) and had explained what had happened and was toldI should have returned the machine to them not Vax. I explained that Vax had said it should be returned directly to them.
Vax wanted £35 to repair the machine which I refused. 10 days later after several more calls the machine was returned .
I have been to the citizens advice and they have told me I have to return the machine to Robert Dyas.
I contacted Dyas today and they will not accept the machine and have said if I return it they will just send it back.
Has anyone been in a similar situation and does anyone have any useable advice.
For the record I have now bought a Numatic George ( the wee gren man ) until I can solve this problem.
Many thanks

pinkshoes

Your contract is with Robert Dyas.

Take the Vax into your nearest store, preferably the one you've been dealing with, quote the Sale of Goods Act 1979, and tell them that in the first 6 months, it's up to them to prove it WASN'T faulty. They need to either repair, replace or refund.

gordikin

mike2909 wrote: »

Hello I am looking for advice before having to spend money on a solicitor.
On the 21 June 2011 I bought a Vax 6141T online from Robert Dyas. I used the machine for the first time on 3rd July to clean the upholstery and carpets in my wifes car. I had only been using the machine for 5 minutes and there were sparks a flash and the motor caught fire. My friend who was in the garage with me helping to clean the car switched off the electric and pulled the plug. The motor continued to burn until we dumped it under water.
As it was Sunday I could not contact Robert Dyas so phoned the Vax helpline as I had registered for the 2 year extended guarantee.
They told me because the machine had caught fire that I should return it to them not Dyas.
The machine was collected by a courier 2 days later. A week later I had heard nothing from Vax so called them myself (0845 number).
I was informed that I was to blame for the machine catching fire as I had not used the machine according to manufacturers guidelines and that dirty water had been sucked up into the motor causing the fire.
While this was going on I had contacted Dyas ( well within the 28 days) and had explained what had happened and was toldI should have returned the machine to them not Vax. I explained that Vax had said it should be returned directly to them.
Vax wanted £35 to repair the machine which I refused. 10 days later after several more calls the machine was returned .
I have been to the citizens advice and they have told me I have to return the machine to Robert Dyas.
I contacted Dyas today and they will not accept the machine and have said if I return it they will just send it back.
Has anyone been in a similar situation and does anyone have any useable advice.
For the record I have now bought a Numatic George ( the wee gren man ) until I can solve this problem.
Many thanks

You've returned it but they wont accept it? Does that mean they accepted it? How can they not accept it and yet return it to Vax?

Fergie76

gordikin wrote: »

You've returned it but they wont accept it? Does that mean they accepted it? How can they not accept it and yet return it to Vax?

I read it as sending it back to the OP, not VAX.

As it's in the first 6 months, it is up to the Retailer to prove it was not an inherent fault and to do this I assume they will send it back to Vax.

However, as Vax have already said it was down to misuse, I assume it will be up to the OP to get an independent report to prove it was inherently faulty and not down to misuse.

I am not expert, so maybe someone with more knowledge than me can confirm?

shaun_from_Africa

You've returned it but they wont accept it? Does that mean they accepted it? How can they not accept it and yet return it to Vax?

I think that what the OP is getting at is that they contacted Dyas by telephone to ask about returning the Vax and they haven't actually sent it yet.

Take the Vax into your nearest store, preferably the one you've been dealing with, quote the Sale of Goods Act 1979, and tell them that in the first 6 months, it's up to them to prove it WASN'T faulty. They need to either repair, replace or refund.

There are now 2 problems with this.
Whilst it's true that the contract is with Dyas, by allowing another party to tamper with the item, there is no proof that further damage wasn't done at this time. (I know it was the manufacturer, but as far as the SOGA contract is concerned, they are still someone who was not involved in the original transaction).

With regards to Dyas having to prove that the Vax wasn't faulty at the time of purchase, this won't be difficult for them to do.
All they now have to do is to contact VAX and ask them for a copy of their investigation where they determined that the fault was due to operator error and not a manufacturing defect.

mike2909

Thank you for the replys and comments.
The machine was bought online .....
1. The machine was returned to Vax not Dyas. They have a sticker on there machines " do not take back to the shop simply call this helpline number " which I did ( as it was a Sunday) and Vax said it would be collected and not to send it back to Dyas.
2. Vax then told me it was not covered under the guarantee because the machine had not been used according to manufacturers instructions.
3. I then contacted Dyas who have refused to accept the machine back .

My main point was that if my wife had been using the machine in the house and had panicked when the motor caught fire the house could have burned down. When I said this to Vax there was no answer forthcoming.
Apart from the fact that I have now had to buy another machine ( a Numatic George which I should have bought in the first place instead of buying cheap) I have to decide if it is worth pursuing a claim.

wealdroam

OP, are you sure you have made it clear to Vax that any water in the wrong place inside the machine is totally due to you dousing the flames
after the incident?

Maybe them finding water inside led them to the wrong conclusion.

mike2909

wealdroam wrote: »

OP, are you sure you have made it clear to Vax that any water in the wrong place inside the machine is totally due to you dousing the flames
after the incident?

Maybe them finding water inside led them to the wrong conclusion.

Yes I did make that clear to them. Vax did not get back in touch with me I had to call them, when the customer sales told me that water had been found inside the motor I told her " of course there is water in there I had to put the hose on it to stop it burning" she then went back into her role of " our engineer says it has sucked water up into the motor due to improper use and therefore you will have to pay £35 to have the unit repaired.
The unit was not operational for more than 5 minutes.