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retiredalso
retiredalso Posts: 79 Forumite
edited 22 November 2011 at 5:11PM in Consumer rights
On 09/11/2010 I bought a tumble dryer from my local Asda.

Today it is broken, the timer does not turn so it stays on all the time.

My local Asda says because it is over a year they can do nothing.

Is it worth while contacting Asda's head office and if so what is a suitable email address to use?

Just been contacted by a customer service rep from Asda House and I am getting a new tumble dryer

Just have to get the faulty one to my local store now.
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Comments

  • texranger
    texranger Posts: 1,845 Forumite
    On 09/11/2010 I bought a tumble dryer from my local Asda.

    Today it is broken, the timer does not turn so it stays on all the time.

    My local Asda says because it is over a year they can do nothing.

    Is it worth while contacting Asda's head office and if so what is a suitable email address to use?


    ceoemail(dot)com you can find the email of Asda CEO, but normally after a yr it reverts to manufacturers guarantee
  • Quentin
    Quentin Posts: 40,405 Forumite

    My local Asda says because it is over a year they can do nothing.

    Is it worth while contacting Asda's head office and if so what is a suitable email address to use?

    Definitely worth pursuing this as they have mislead you. They are still responsible for dealing with you as they sold it you in the first place, and cannot "hide" behind their year's warranty - a tumble drier is supposed to work for longer than a year!

    (The problem is theirs, not the manufacturers as mentioned above).
  • bod1467
    bod1467 Posts: 15,214 Forumite
    But since it is more than 6 months old then YOU are responsible for proving the fault was inherent (present at the time of purchase but not apparent) rather than wear and tear. (Up to 6 months any fault is presumed to be inherent and the retailer must prove otherwise).

    You can do this by getting an independent engineer report - if this finds the fault was inherent then the retailer must provide a remedy (repair, replacement, refund - their choice) and reimburse you the cost of the report. If they refund then they can reduce the amount to account for your usage of the appliance - so expect any first offer to be 40% less than the purchase price.

    If you're lucky the retailer may not insist on the independent report route and offer a remedy under SOGA.
  • Quentin
    Quentin Posts: 40,405 Forumite
    bod1467 wrote: »
    If you're lucky the retailer may not insist on the independent report route and offer a remedy under SOGA.

    In this instance, the retailer has already mislead the OP (by not accepting their SOGA responsibilities, and fobbing the customer off)

    Hopefully the Asda store manager will want to re-establish some goodwill (if the OP complains about the shoddy service he was given) and sort this out!
  • In this instance, the retailer has already mislead the OP (by not accepting their SOGA responsibilities, and fobbing the customer off)

    But as it currently stands, the retailer doesn't have any SOGA responsibilities.
    These only kick in once the OP can prove that the fault was due to an inherrent problem.

    It would be a different matter if the OP turned up at the store with a copy of the report and then Asda told them that there was nothing that they could do.
  • Quentin
    Quentin Posts: 40,405 Forumite
    But as it currently stands, the retailer doesn't have any SOGA responsibilities......

    Yes they do.

    Under SOGA we have 6 years (5 in Scotland) to return to the retailer, but Asda told the OP:
    My local Asda says because it is over a year they can do nothing.


    Wrong Asda, and a big operation like them should know better.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Quentin wrote: »
    Yes they do.

    Under SOGA we have 6 years (5 in Scotland) to return to the retailer, but Asda told the OP:

    That doesn't mean the retailer is responsible for 6 (or 5) years though. If a product has a 3 year life span and lasts that, you can't then claim it's their responsibility because you can persue a company for upto 6 years.

    As it stands ASDA has no obligation to help. Only if op can prove the fault is inherent does it mean they have to offer a remedy under SOGA. If they can't prove its inherent ASDA have to do nothing.
  • Quentin,
    You appear to have missed the 2nd line of my earlier post.
    But as it currently stands, the retailer doesn't have any SOGA responsibilities.
    These only kick in once the OP can prove that the fault was due to an inherrent problem.

    The OP hasn't proven that the problem is due to an inherrent fault and until they do this, Asda have no legal obligation to do anything with regards to providing a remedy.
  • Quentin
    Quentin Posts: 40,405 Forumite
    arcon5 wrote: »
    As it stands ASDA has no obligation to help.....

    Yes they do.

    They break the law by telling the OP :
    My local Asda says because it is over a year they can do nothing.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Quentin,
    You appear to have missed the 2nd line of my earlier post..

    No I haven't.

    The second line of your eaarlier post is misleading/incorrect.

    You appear not to know the SOGA!
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