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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' (if you beleive that then you must be mad...)biased which 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.
I haven't counted, but you join good (!) company who don't (or don't want to) understand soga. (See the list in the daily mail article)
You don't have to test a product and prove anything at 6 months if it is not fit for purpose! (Read up on sadfart!)0 -
Why would anybody need to read about SoGA on MSE, daily mail ect ect ect when unholyangel has already substantiated the argument with actual legislation?
ASDA do NOT have to offer any remedy at this point. If they mis-advised op of the facts (being if op obtained proof the fault was inherent they would need to offer a remedy) then that doesn't affect the liability under SoGA.
Not sure why your going on about the 6-month rule, it was established long ago, ops had the item for longer than this.0 -
Not sure why your going on about the 6-month rule, it was established long ago, ops had the item for longer than this.
I'm not going on about 6 months at all.
That was the so called (wrong) advice given by unholyangel to show that George Michael understood SOGA "fine".
Checkout MSE sadfart to learn about SOGA!
There's more to sadfart than this 6 months raised by unholyangel!0 -
You don't have to test a product and prove anything at 6 months if it is not fit for purpose! (Read up on sadfart!)
Best you tell that to the UK Government as they seem to have got it wrong as well.
Proving goods are faulty
If you bought the item within the last six months, it’s the trader’s responsibility to prove the item wasn’t faulty when you bought it.
If you bought your item over six months ago, you may have to prove the fault was not caused by accidental damage or wear and tear. You can do this by getting a second opinion from an independent expert (see link below).
http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Yourconsumerrightswhenbuyinggoodsandservices/DG_194650I'm not shouting, but I'm the third (+) person to point out the facts0 -
shaun_from_Africa wrote: »Best you tell that to the UK Government as they seem to have got it wrong as well.
Proving goods are faulty
If you bought the item within the last six months, it’s the trader’s responsibility to prove the item wasn’t faulty when you bought it.
If you bought your item over six months ago, you may have to prove the fault was not caused by accidental damage or wear and tear. You can do this by getting a second opinion from an independent expert (see link below).
http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Yourconsumerrightswhenbuyinggoodsandservices/DG_194650
You advise me to contact the Govt? Sarcastic or what?
The quote you give us says "you may have to prove the fault".
Irrelevant to the OP's problem.
A tumble dryer should last longer than 1 year 11 days!
See this (relevant) quote from the page you posted your link:If a trader won’t give you a refund for a faulty item, they should usually offer to repair or replace the item for free. This may apply even if you’ve had good use out of the item. It depends on:
• what you paid for the item
• how long you’ve had it
• how long it’s expected to last
For example, if a fridge you bought for £400 broke after seven months, you would probably get a free repair. But if the same fridge broke after four years, you may have to pay towards the cost of a repair.0 -
The quote you give us says "you may have to prove the fault".
Irrelevant to the OP's problem.A tumble dryer should last longer than 1 year 11 days!Competition wins: Where's Wally Goody Bag, Club badge branded football, Nivea for Men Goody Bag0 -
A tumble dryer should last longer than 1 year 11 days!
Provided that it wasn't overloaded in use, was set up correctly, wasn't used in the wrong location such as a damp garage, had the filters and condenser cleaned (if required) etc.
This is the whole purpose of the 6 month requirement.
After 6 months the onus is placed on the consumer to prove that the goods failed because of a manufacturing defect.
How many times and how many people must keep posting this fact before you finally accept it?0 -
shaun_from_Africa wrote: »
How many times and how many people must keep posting this fact before you finally accept it?
Thought you might have realised that one doesn't have to accept your posts as "fact" any more than they must accept mine. (Though your unneccessary sarcasm is an example of low wit!)
(You read MSE's sadfart article?)
Hopefully the OP will and make his own minbd up on whether or not Asda are treating him fairly (or legally!)0 -
You advise me to contact the Govt? Sarcastic or what?
The quote you give us says "you may have to prove the fault".
Irrelevant to the OP's problem.
A tumble dryer should last longer than 1 year 11 days!
See this (relevant) quote from the page you posted your link:
And if you continue reading the same link your quoting, rather than cherry picking the bits you choose to read it confirms what has already been told to you (4 times now Shaun has arrived)Proving goods are faulty
If you bought the item within the last six months, it’s the trader’s responsibility to prove the item wasn’t faulty when you bought it.
If you bought your item over six months ago, you may have to prove the fault was not caused by accidental damage or wear and tear. You can do this by getting a second opinion from an independent expert (see link below).0 -
Also, since you refer to MSEs SadFart rules,What proof do you need?
Since 2003, consumers have had extra benefit from The Sale and Supply of Goods to Consumers Regulations.
When goods are faulty, if you return them within six months then it's up to the shop to prove they weren't faulty when you bought them. After this, the 'burden of proof' shifts and it's up to you to prove they were faulty when you bought them.0
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