Who to Take to Court? Any Advice Please

arcon5

what supporting evidence do you have?

stuart_miles

None, what could I have? the machine technically works it just isn't fit for purpose. Not sure what else I can do to prove this, engineers from the manufacturers have been out and have replaced parts which hasn't helped in my mind this proves that there is something wrong.

unholyangel

stuart_miles wrote: »

None, what could I have? the machine technically works it just isn't fit for purpose. Not sure what else I can do to prove this, engineers from the manufacturers have been out and have replaced parts which hasn't helped in my mind this proves that there is something wrong.

You could have a independent report stating that the machine fails with little regard to whether it is full/half full etc.

You could have videos taken of it failing.

You could have statements from owners of the same model saying they have the same problem. You could also have witness statements from friends that they have witnessed the machine doing this.

Theres plenty of supporting evidence you could have.

aliasojo

stuart_miles wrote: »

None, what could I have? the machine technically works it just isn't fit for purpose. Not sure what else I can do to prove this, engineers from the manufacturers have been out and have replaced parts which hasn't helped in my mind this proves that there is something wrong.

At the very least, I suggest you print off whatever you can find that supports your complaint, i.e. other people's similar experiences. Many review sites have plenty info.

Samsung had to eventually backtrack with their RS21 range of f/f and admit there was a design fault but it took a long time and many people complaining. Perhaps LG will eventually go down the same route.

Will you please update to let us know the outcome?

mildred1978

Had my repair done and touch wood its been perfect since.

The engineer did say that you shouldn't set the 1400 spin for loads that are less than half full because thee isn't the weight to keep the drum balanced. Have only done a couple of very light loads, but found an 800 or 1000 spin still left them very dry. might be worth a try?

unholyangel

So the retailer repaired it or the manufacturer?

mildred1978

unholyangel wrote: »

So the retailer repaired it or the manufacturer?

Manufacturer.

unholyangel

mildred1978 wrote: »

Manufacturer.

Ahhhh I didnt look at the name the first time, just read the post and assumed it was the OP Was confusing me why yesterday small claims was being discussed but within the past 24 hours theres been a repair done................then I look at the name and realise you were another poster who was experiencing the same issue

That'll teach me to pay more attention!

arcon5

stuart_miles wrote: »

None, what could I have? the machine technically works it just isn't fit for purpose. Not sure what else I can do to prove this, engineers from the manufacturers have been out and have replaced parts which hasn't helped in my mind this proves that there is something wrong.

But thats your word against theirs. Especially since in law the burden of proof is on you so at the very least an independant report confirming the fault. Unholyangel's post is also worth reading over, some great pointers.


Personally i'd be a little worried that a company that size feels they have grounds to depend in full your claim -- surely they wouldn't be doing this if they felt their was in a weak position.


If i'm honest, I also think your formal letter to them was very poor. After this time you are not entitled to a refund as you stated -- you are entitled to a remedy, which can be any of the three 'R's & effectively their choice.


I wish you all the best though and do keep us updated.

unholyangel

arcon5 wrote: »

But thats your word against theirs. Especially since in law the burden of proof is on you so at the very least an independant report confirming the fault. Unholyangel's post is also worth reading over, some great pointers.


Personally i'd be a little worried that a company that size feels they have grounds to depend in full your claim -- surely they wouldn't be doing this if they felt their was in a weak position.


If i'm honest, I also think your formal letter to them was very poor. After this time you are not entitled to a refund as you stated -- you are entitled to a remedy, which can be any of the three 'R's & effectively their choice.


I wish you all the best though and do keep us updated.

I also hope the company arent aware of this thread. In his original post he said he paid £800, but in the letter to the company said £684. He also said in the letter date of purchase was may 2011 and then later in the same letter said may 2010.


Also, generally in a letter of complaint (especially one asking for a refund/replacement) its not really a good idea to say the manufacturers have said its not faulty :X

Ah well, can't change the past But OP, you really need to look towards having sufficient "proof" the item is faulty. Without this, your claim will likely fail. As above, small claims will go on balance of probabilities.