Sales of goods act - help please!

visidigi

independent is critical here.

Therefore the manufacturer report will not be sufficient for your cause.

You would need to get an independent report.

visidigi

moneysaver_77 wrote: »

How do you prove that the fault, fan and blade need replacing just didnt fail over time?

Thats why an independent engineer needs to provide his educated opinion on the parts.

If they believe it due to general wear and tear then you have no case - this is warranties are for.

The engineers report after 6 months ownership needs to define it as inherent - then it would go in your favour and would have the report fee refunded by the manufacturer and the repair performed - if its wear and tear then you're liable, despite the 6 years.

Warranties are actually there for a reason, it covers that wear and tear part of devices effectively designed and manufactured

Markb06

moneysaver_77 wrote: »

Hi everyone,

I will try and summerise my current situation and was wondering if anyone could help with some constructive feedback/opinions. I brought an american style fridge/freezer from a large German company back in Sept 2008 which came with a 2 year warranty. The appliance began to go wrong in May of this year, approx 2.5 years from purchase. It no longer cools. I called the company and had a engineer visit from them. The stated that it need a new fan and blade which was not in stock and need to be ordered from Germany. It would take week from him to come back and repair it. I called the customer services and mention that £1000 appliance should not be going wrong so soon, that Im refusing to pay for the repair and would like to claim the cost of the goods lost.

To cut a long story short, we swapped letters for a while with them refusing a free repair or consequetial losses. I spoke with consumer Direct who said that I have no option but to take them to court. I filled a claim and have now just recived an couter claim from them for the call out (£89 + £25) - which never fixed the problem They also state that I have no right under the 1979 act as I have had reasonable amount to time to inspect the goods.

Anyone think this is worth pursuing or should I just pay up and accept it?

Thanks in advance

Would the SOGA cover a German company?

moneysaver_77

Agreed but there is no reference to the parts such as the fan and blade needing servicing or replacing at regular interervals in the manual. Would this not suggest that it a fault/component failure of some degree? I will just have told hold back from an independant report at the courts request. When the do request one, I will get one then as part of my defence.

somethingcorporate

moneysaver_77 wrote: »

Agreed but there is no reference to the parts such as the fan and blade needing servicing or replacing at regular interervals in the manual. Would this not suggest that it a fault/component failure of some degree? I will just have told hold back from an independant report at the courts request. When the do request one, I will get one then as part of my defence.

But without the report you have nothing on which to base your claim. If the report finds that the fault is not inherent you then have no reason to go to court.

moneysaver_77

Would the SOGA cover a German company?[/QUOTE]

That may have been a bit misleading, a German manufacture, who have offices based in the uk.

moneysaver_77

somethingcorporate wrote: »

But without the report you have nothing on which to base your claim. If the report finds that the fault is not inherent you then have no reason to go to court.

I think im just going to have to agrue along the lines that I have no access to this part, I can see it, service it etc and that if this company expects their applaince to last this long at that price I would not have made the purchase. Im just so fed up with them. Im going try and fight this all the way. I may lose, but I'd be satisfied in the fact that I made them work for their victory! Even if I end up with 1k's worth of useless junk lol

somethingcorporate

I'd suggest investing in an independent report would be worthwhile outlay. It will prevent you being left with £1ks worth of junk.

It will also guarantee the win

visidigi

moneysaver_77 wrote: »

I think im just going to have to agrue along the lines that I have no access to this part, I can see it, service it etc and that if this company expects their applaince to last this long at that price I would not have made the purchase. Im just so fed up with them. Im going try and fight this all the way. I may lose, but I'd be satisfied in the fact that I made them work for their victory! Even if I end up with 1k's worth of useless junk lol

I had the same part fail on our £400 Bosch fridge freezer after 6 months - it was replaced under warranty, and is still, touch wood working 4 years later - so the first part was faulty, the second seriously not...

You need that report, and you can't 'wing it' without it, no matter how frustrated or aggrivated they may have made you.

moneysaver_77

Thanks once again for all your replies, I will action a report asap. Wish me luck lol