Sales of goods act - help please!

somethingcorporate

bod1467 wrote: »

And I address both those questions in the ( ) part of my post.

:doh: should have gone to Specsavers! Sorry

zoob

Did you buy the foodcentre from Germany, or is it a German branded foodcentre that you bought from a UK retailer?

moneysaver_77

bb999 wrote: »

Did you pay with a credit card? If so, a claim to the card company may well be in order.

Re the independent report - this may not be required, because you do have a report which states the fault! What always seems to be overlooked when talking about the SOGA is that it now mentions durability, and the fact that an item fails prematurely is enough to prove that the fault was inherrent - ie from day 1 the item was not capable of lasting a reasonable length of time. This of course does not apply to wear and teat items, but a fridge has very few of these: door seals, hinges, lightbulbs, etc. spring to mind, but certainly not a fan.

One other thing, are yuou definitely dealing with the supplier, rather than the manufacturer or their agent?

I have tried the CC route and they have just come back with 'no misrepresentaion has taken place'. The defendant has also asked me to prove that I have taken all reasonable steps to migate my losses and I agree, if they have already produced a report showing a fault do I really need to get another one? I brought the appliance direct from the manufacturer as I have friend who works for them. It was through their 'friends and family' scheme

zoob

moneysaver_77 wrote: »

I have tried the CC route and they have just come back with 'no misrepresentaion has taken place'. The defendant has also asked me to prove that I have taken all reasonable steps to migate my losses and I agree, if they have already produced a report showing a fault do I really need to get another one? I brought the appliance direct from the manufacturer as I have friend who works for them. It was through their 'friends and family' scheme

Just a thought, how much were you quoted to repair your food centre also if you bought it thru a private scheme and not retail, your maybe not covered by the sale of goods act?

moneysaver_77

Hi All,

Just A quick update. I decided to see this through, as during the mediation process I was told that I should just walk away from this, by the company. Went to court this week. Judge called us in and said he would give us one last chance to sort this out, otherwise he would make a decision for us.

We tried to come to a deal, but they would not consider giveing my court fees back, which were around £240. I was told by their legal represenative that his hands were tied in terms of what he could offer me as he was told by his management team to 'fight this all the way'! Some customer service that.

Anyway, I declined the offer, sat in front of the judge, nerous as anything. Stated my case and all the facts around the Sales of goods act. He found in my favour, I got compensation plus all my court fees back! The look on their legal reps face lol.

Anyway just if you wanted to know the company was BSH Home Appliances part of the Siemens group. AVOID, AVOID, AVOID. Preimum prices for substandard service.

On the plus side, dont be afraid of taking these companies all the way. They will try and use scare tactics to put you off, but all I had to lose was their counter claim of £89 +£25 fees. It was worth the risk for me. You can not claim legal fees in the small claims court so I decided on the spur of the moment that I would agrue my case even though they tried to tell me that their offer was better than risking it court. I think NOT!

vyle

The comment about "customer service..." I suppose when you're taking a company to court and trying to extract money from them you cease to be a customer.

Al_Ross

So what did you win,was it the repair cost and your fees?

moneysaver_77

vyle wrote: »

The comment about "customer service..." I suppose when you're taking a company to court and trying to extract money from them you cease to be a customer.

The court action was a last resort and not my first call of action. I gave them plenty of opportunity to work with me to come to a fair conclusion for both parties.

As for the comment of 'trying to extract money from them', they were quick enough to EXTRACT money from me only to provide a substandard appliance.

This wasn't a money making exercise, far from it, it was about spending £1000 on an appliance which lasted over 2 years.

Most companies would not even let it get this far, rather than 'lets fight this all the way' attitude.

moneysaver_77

Al_Ross wrote: »

So what did you win,was it the repair cost and your fees?

I got compensation for 7 weeks worth of shopping plus all of my fees.

somethingcorporate

Did you get an independent report to confirm the problems in the end? Or just fight it yourself?

If the latter you may have been very lucky.