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  • SOGA applies, irrespective of what Asda say in their policy

    And the SOGA clearly states that for goods that fail after 6 months from purchase then the consumer can be asked to provide proof that the fault was due to a manufacturing defect.

    This is not opinion this is fact (unless of course Quentin, you consider that the SOGA is wrong).
  • Quentin
    Quentin Posts: 40,405 Forumite
    And the SOGA clearly states that for goods that fail after 6 months from purchase then the consumer can be asked to provide proof that the fault was due to a manufacturing defect.

    This is not opinion this is fact (unless of course Quentin, you consider that the SOGA is wrong).

    Why would I consider it wrong?

    I am the one saying asda are wrong by not adhering to SOGA!

    You are ignoring the (separate) durability aspect of soga!

    A tumble drier has a longer life expectancy than 1 year (+ 11 days)!
  • visidigi
    visidigi Posts: 6,569 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Quentin wrote: »

    A tumble drier has a longer life expectancy than 1 year (+ 11 days)!

    Why does it? Prove it? You can't keep saying you don't have to prove it, even the SoGA says you have to prove it.

    Your arguments hold as much water an a sieve....honestly :mad:
  • Quentin
    Quentin Posts: 40,405 Forumite
    Anyone (but you it seems) would agree a tumble dryer has a longer life expectancy than a year! A judge would!

    If asda say they want proof that a tumble dryer's durability is no more than a year, then pursue them to court!
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    edited 22 November 2011 at 1:13PM
    Quentin wrote: »
    Why would I consider it wrong?

    I am the one saying asda are wrong by not adhering to SOGA!

    You are ignoring the (separate) durability aspect of soga!

    A tumble drier has a longer life expectancy than 1 year (+ 11 days)!


    There is still an onus on the customer to proof something was wrong with the item after 6 months. A basic report saying that it was nothing you did that caused the fault should be acceptable in this case.

    If the report says you have been overloading it or some such, you have no case.

    You could go to court without such a report and you might get a judge who is feeling happy and let it go, assuming the retailer defends. On the other hand he/she is as likely to say you haven't proved your case and kick it out.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • I think that a tumble drier should last longer than a year but if I have one that fails after this time then the law states that If I expect the retailer to repair/replace or refund then I must prove that the reason it failed was not due to misuse.

    The first part of that paragraph is opinion. The 2nd part is fact.


    I have just sent an e-mail to consumer direct and one to Trading standards and when I get a reply (they say it will be 2-3 days) I will past both the questions that I asked and their answers.
    I will also put their reference number so if anyone wishes they can contact the same departments to ensure that the responses that I post have not been modified in any way.

    The fact I gave are exactly what have been posted here. A tumble drier 1yr and 11 days old and a retailer who stated that there is nothing that they can do and I asked for advise as to what my next step should be.
  • visidigi
    visidigi Posts: 6,569 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Quentin wrote: »
    Anyone (but you it seems) would agree a tumble dryer has a longer life expectancy than a year! A judge would!

    If asda say they want proof that a tumble dryer's durability is no more than a year, then pursue them to court!

    And as a result...

    Anyone (but you it seems) would agree that you are not providing the most optimum advise for effectively expediting a solution quickly with the minimum of risk for the OP.

    In the words of the dragons...I'm out.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Irresistible Force meets Immovable Object? Probably time to let this thread die (until Shaun gets his replies). :)
  • Quentin

    A hypothetical scenario

    A little over year ago (eleven days over, in fact) I bought a nice new middle-of-the-range washing machine. I went for a walk this morning with my pet brick, who got a bit dirty, so I chucked him in the washing machine to clean up and now my washing machine has stopped working. I would expect a washing machine to last longer than a year and 11 days, so can I get a refund based on the fact that it must therefore not be of sufficient durability?
    Competition wins: Where's Wally Goody Bag, Club badge branded football, Nivea for Men Goody Bag
  • bb999
    bb999 Posts: 528 Forumite
    See my previous post (no. 33)

    68 posts later, Quentin still argues - even my teenage daughter would have let it drop by now, and she could argue with her own reflection!
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