Who to Take to Court? Any Advice Please

stuart_miles

The court set a date for end of May, 4 days before the final papers deadline, the companies solicitor contacted me and asked if they could arrange an LG engineer visit!
Unbelievable, I declined given the short time frame and was concerned that I would lose the court date meaning further delays, why did they leave it so late, even two weeks I would have agreed.

Received their final papers which the retailer has stated that they will not replace or refund the machine unless LG have issued an uplift number. They conformed the engineer visits nothing to disagree with what I have said.

LG have in a recent email correspondence with the retailer stated that there is a part that could be faulty and that they would "recommend a site visit"

It really is quite unbelievable...

Flyboy152

Stuart, did you get an engineer's report?

WhiteHorse

Machine bought May 2011, so it's less than a year old.

Three attempts by LG themselves to fix the problem (you have the paperwork?). Problem remains.

LG actually know that there is a problem (viz. Troubleshooting guide). LG suggested solution is patently absurd.

Any manufacturers Warranty? This could be a useful second string.

LG person said 'nothing wrong', yet engineers actions suggest otherwise.

Retailer refuses to act, saying that LG have said 'nothing wrong' (how does he know that?).

Machine is obviously defective. (Civil case, balance of probabilities).

Commence pre-action correspondence with retailer. No personal or telephone contact from this point on. Everything in writing.

Threaten that you will require attendance of LG person in court.

fred7777

stuart_miles wrote: »

thanks for all your replies, my problem with getting an engineer is that technically they may no actual fault, it just doesn't do what it is supposed to do, wash !

That's probably not much of a problem.

If the engineer can't find a specific fault causing the problem then the machine/design is obviously not fit for purpose as it won't reliably wash clothes.

If the machine fails 70% of times it should be easy to demonstrate this.

stuart_miles

[QUOTE=

Threaten that you will require attendance of LG person in court.[/QUOTE]

I wish I had this advice earlier, I never thought of that. I honestly cannot see how this will go against us, will continue to update.
I have to now pay the last £75 court fee so one last attempt at resolving it.

stuart_miles

Flyboy152 wrote: »

Stuart, did you get an engineer's report?

I spoke to three engineers and all of them were aware of these issues but were not prepared to come out and diagnose a fault as they felt that it may hinder there working relationship with the manufacturer.
2/3 worked directly for LG and the other does contract work for them.
I think they felt it might open a can worms.

Flyboy152

stuart_miles wrote: »

I spoke to three engineers and all of them were aware of these issues but were not prepared to come out and diagnose a fault as they felt that it may hinder there working relationship with the manufacturer.
2/3 worked directly for LG and the other does contract work for them.
I think they felt it might open a can worms.

Then you need to cast your net a bit wider. It really is an essential part for your case. It will help if you can get documented evidence that LG know of the fault. What has your research revealed?

stuart_miles

Just received a letter with full refund offer finally.

Poppy9

stuart_miles wrote: »

Just received a letter with full refund offer finally.

Well done and so glad your persistence paid off.

aliasojo

Glad you got a good outcome, thanks for updating.