Success! New dryer

unholyangel

Quentin wrote: »

No I haven't.

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

You appear not to know the SOGA!

(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

(4)Subsection (3) above does not apply if—

(a)it is established that the goods did so conform at that date;

(b)its application is incompatible with the nature of the goods or the nature of the lack of conformity.

(1)If section 48A above applies, the buyer may require the seller—

(a)to repair the goods, or

(b)to replace the goods.


They are only required to provide a remedy if section 48A applies.....48A is in relation to the goods not conforming at time of delivery. If the fault develops within the first 6 months then it is assumed they have not conformed at time of delivery and thus eligible under section 48A for a remedy. 48A will not apply if the seller can prove the goods did conform at time of delivery. After 6 months, it is assumed the goods did conform at time of delivery and section 48B (the right to a remedy) does NOT apply unless the buyer can prove the goods did not conform at time of delivery (and thus eligible under section 48A).


George Michael seems to understand SoGA fine tbh.

Quentin

unholyangel wrote: »

George Michael seems to understand SoGA fine tbh.

Don't know what your point is?

If you are trying to say a tumble dryer that stops working after 6 months isn't covered by the SOGA, then you are wrong.

As are Asda when they try and tell a customer it has nothing to do with them after the 12 month warranty (which isn't a "legal right"!) has expired!

Lots here about the SOGA that Asda should read up on:

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

This Which? article may enlighten some posting in favour of the poor stance Asda are taking:

http://www.dailymail.co.uk/news/article-19567/Electric-shock-consumers.html

Which? link:

http://www.which.co.uk/news/2011/11/staff-from-big-name-shops-fail-consumer-rights-test--269667/

And this article also explains the SOGA:

http://whatconsumer.co.uk/the-sale-of-goods-act/

It is worth knowing about this piece of legislation, in terms of what rights you have and how you can resolve the situation, because not all shops can be relied on to act in an honourable or lawful way.

unholyangel

Quentin wrote: »

Don't know what your point is?

If you are trying to say a tumble dryer that stops working after 6 months isn't covered by the SOGA, then you are wrong.

As are Asda when they try and tell a customer it has nothing to do with them after the 12 month warranty (which isn't a "legal right"!) has expired!

Lots here about the SOGA that Asda should read up on:

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

This Which? article may enlighten some posting in favour of the poor stance Asda are taking:

http://www.dailymail.co.uk/news/article-19567/Electric-shock-consumers.html

And this article also explains the SOGA:

http://whatconsumer.co.uk/the-sale-of-goods-act/

My point is the SoGA only applies if the fault is inherent. As it is past 6 months, the burden of proof lies with the OP and not Asda, so no.....Asda are not acting "illegally" at present. They are only in breach of SoGA if the fault is proven to be inherent and still refuse to do nothing. I didnt say goods arent covered once past 6 months old. Just that the fault needs to be inherent to be covered by SoGA.

Also, OP didnt say Asda refused to deal with it because warranty had expired. The OP just said that because it was over a year, nothing they can do........they could be referring to the fact that now (under SoGA) the goods are deemed to have conformed to contract at time of delivery and it is up to the OP to prove otherwise.

I have no idea of the relevance of the links you posted as Asda are not referring the OP to the manufacturer. At least the OP hasnt said they are. Oh and that link you posted was from daily mail, not the which? site.

And also, just because statute of limitations is 6 years (5 in scotland) doesnt mean a product should last that long. Price is taken into consideration. So you would expect a £500 tumble dryer to last much much longer than a £100 one.


Oh and btw, the "consumer rights explained" link you posted from OFT says this: "A customer has legal rights if the goods they purchased do not conform to contract (are faulty)." As covered by the SoGA, after 6 months they are assumed to have conformed at time of delivery. So the legal rights provided by SoGA do not apply unless there is evidence that the goods didnt conform to contract.

Quentin

unholyangel wrote: »

My point is the SoGA only applies if the fault is inherent. As it is past 6 months, the burden of proof lies with the OP and not Asda, so no.....Asda are not acting "illegally" at present. They are only in breach of SoGA if the fault is proven to be inherent and still refuse to do nothing. I didnt say goods arent covered once past 6 months old. Just that the fault needs to be inherent to be covered by SoGA.

Also, OP didnt say Asda refused to deal with it because warranty had expired. The OP just said that because it was over a year, nothing they can do........they could be referring to the fact that now (under SoGA) the goods are deemed to have conformed to contract at time of delivery and it is up to the OP to prove otherwise.

I have no idea of the relevance of the links you posted as Asda are not referring the OP to the manufacturer. At least the OP hasnt said they are. Oh and that link you posted was from daily mail, not the which? site.

And also, just because statute of limitations is 6 years (5 in scotland) doesnt mean a product should last that long. Price is taken into consideration. So you would expect a £500 tumble dryer to last much much longer than a £100 one.

The relevance of the links is they explain the SOGA, and the daily mail link you don't like does refer to Which?, the SOGA and big companies wrongly misleading customers like the OP by trying to wash their hands of problems that arise after the warranty expires.

The link to Which? is now put in the post for any pedants not happy!

And by trying it on with the customer, Asda break the law!

It is also against the law to mislead consumers about their legal rights - this could lead to a criminal prosecution under the Consumer Protection from Unfair Trading Regulations 2008.

There is something for you to read here too.

Search the main site for sadfart - you might learn something!

visidigi

based on the facts CURRENTLY presented to them ASDA can do nothing under the SoGA.

If the OP was to obtain the engineers report to prove the fault existed from new then ASDA could (and should) do something.

It all depends on the proof the OP obtains, wether its 3 days or three months out of guarantee doesn't matter - the OP has to get proof of the fault existing from the start and then, only then do ASDA have an obligation to deal with the customer.

ASDA have NOT mislead the OP based on the original post, the OP has asked for remedy based off the recent expiry of the warranty - ASDA have responded to the OP based on the facts presented to them - they cannot mislead something of which they do not know.

And btw, it doesn't make ANY difference how big a retailer is, the obligations are the same, implying ASDA are treating the OP different based on the size of their business is nothing but baseless accusations.

Quentin

visidigi wrote: »

ASDA have NOT mislead the OP based on the original post, the OP has asked for remedy based off the recent expiry of the warranty - ASDA have responded to the OP based on the facts presented to them - they cannot mislead something of which they do not know.

And btw, it doesn't make ANY difference how big a retailer is, the obligations are the same, implying ASDA are treating the OP different based on the size of their business is nothing but baseless accusations.

Presumably you are aiming this at me.

The OP has been mislead by ASDA when they told him/her this:

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

And your point about "baseless" accusations saying I have implied it's to do with the size of Asda's business is nonsense.

I am saying that a company of Asda's size shouldn't be trying to fob customers off by telling them once the warranty is over they cannot do anything!

You will see from the Which? undercover investigation, Asda aren't alone in wrongly taking this line:

In 80 per cent of visits, staff claimed the problem was nothing to do with them. Many mentioned the expired one-year guarantee as the end of their responsibilities

visidigi

You're really not getting it.

ASDA have information presented to them

ASDA responded.

Had the OP gone into ASDA and said I have this engineers report which says your product had an inherent fault and I require a replacement then you would be right that ASDA had mislead the OP by saying there its nothing to do with them.

ASDA have responded based ont he FACTS GIVEN - not what coulda, shoulda, woulda, but the FACTS - and FACTS are critical here - we are not saying your understanding on the main FACTS of the SoGA are wrong in principle, but ASDA can only go on what the OP has said to them.

Nowhere has the Op mentioned that he had a report on the product and requested a replacement under SoGA, until he does, ASDA doens't have to do anything. FACT.

Quentin

Your FACT (why shout) is fiction.

Have you read the which? report (where they took a broken 18 month old electrical item back to see if the shops knew the soga)

Have you read about sadfart on MSE?

Have you read about the advice to retailers on the govt site?

Where is your FACT from?

Zandoni

Might be worth a chat with the Asda manager, if he isn't helpful let him know that you are going down the SOGA route. You never know he may offer a repair without you having to bother with an engineers report.

visidigi

I'm not shouting, but I'm the third (+) person to point out the facts and you seem to dispute them.

I am aware of the SoGA, I am aware fo the links, you can send me all the 'un' biased which? (btw please dont tell me you beleive they are unbiased...) report links you like, but show me where in the SoGA its the retailers responsibility to test and prove fault with an iteam which is a) out of warranty and b) over 6 months old and I will apologise.