Success! New dryer

arcon5

Quentin wrote: »

The OP does not have to present evidence that the fault is not self inflicted.

He needs to go back to Asda and ask for a manager who knows about SOGA.

If Asda won't take the customer's word that the 1 year 2 week old machine is faulty, then they both need to agree how this is to go forward, and if independent inspection is required, who will pay for it, will their decision be binding etc.

But most people would agree that a tumble drier has a longer expectation of life than 1 year 2 weeks!

So you've chosen not to read anything anybody here has posted.

The SoGA is clear on who is responsible for proving what after 6 months.

The independant report will be paid by the buyer -- if the fault is inherent then ASDA should reimburse them.

SOGA rights are implied and cannot be cancelled out, so nothing needs to be agreed on -- the rights are always there.

Quentin

arcon5 wrote: »

nobodies ignoring anything. At this stage op needs to prove the fault which has meant the goods haven't lasted a reasonable time is inherent -- then the retailer is obligued to offer a remedy.

No.

At this point the OP should get back to Asda and discuss this with someone who does understand that they do have to deal with faulty goods long after 1 year and 11 days.

Then Asda may accept that a tumble dryer has a longer life than 1 year.

If they don't, then the OP has to take it from there!

But there is no need to go to the expense of "proving" the fault lies with the goods at this stage!

Note this government advice to retailers:

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

If you are considering asking a customer to prove that an item was faulty when they bought it from you, it is important to consider what proof an impartial person in a court might feel was required. For example, someone in a court might accept that a simple customer statement saying that their item did not work correctly would be sufficient proof.

unholyangel

Quentin wrote: »

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!

You're saying the information i coped and pasted from https://www.legislation.gov.uk is incorrect? Then as advised you best take that up with the government as that was the legislation i was copying and pasting from - the SoGA itself and not anyones "interpretation" of it.

We know the SoGA quite well. Most of us have been posting on this site on a daily basis for years - during that time most of us have had to research to help other members out.......where exactly do you think we research? Reputable websites, at least one of which you used yourself.

The people who are disagreeing with you are not new to this forum, we've all been part of this particular board (consumer rights) for a while and like i said, actively....not just staying in the shadows.

Quentin wrote: »

The OP now knows that Asda (not the manufacturer) is the correct place to take this to.

The OP now knows that when Asda told him once his warranty expired they could do "nothing" was just a try on.

But most people would agree that a tumble drier has a longer expectation of life than 1 year 2 weeks!

The OP never said Asda told him this! You've read the OP and assumed this is the case. While you may be right, we dont know this until the OP either confirms or denies it.

As for durability, that is not based on the product itself. Price is also taken into consideration. If it was £30 then no, i wouldnt expect it to last over a year! £500? then I'd expect it to last several years at least.

Plus as i have said before, SoGA only covers inherent faults, not misuse or wear n tear. The law states that during the first 6 months, the fault is assumed to be inherent (that doesnt mean it necessarily is though and if the retailer wish to dispute that, theyd have to prove otherwise) but once that initial period has passed, the burden of proof reverses and falls upon the consumer to prove it was inherent.

I dont see whats so difficult about that to understand. SoGA is actually pretty simple and clear cut - excluding "reasonable time" etc aspects.

unholyangel

Quentin wrote: »

No.

At this point the OP should get back to Asda and discuss this with someone who does understand that they do have to deal with faulty goods long after 1 year and 11 days.

Then Asda may accept that a tumble dryer has a longer life than 1 year.

If they don't, then the OP has to take it from there!

But there is no need to go to the expense of "proving" the fault lies with the goods at this stage!

Note this government advice to retailers:

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

If you are considering asking a customer to prove that an item was faulty when they bought it from you, it is important to consider what proof an impartial person in a court might feel was required. For example, someone in a court might accept that a simple customer statement saying that their item did not work correctly would be sufficient proof.

Not if the fault isnt inherent they dont.

As for the part you quoted at the bottom....asking someone to prove it was faulty when they bought it.......see that distinction there? I imagine a letter would do if you had only bought it a week ago. Over a year ago most sensible people would say that yes, it was working when they bought it. Hence why a independent report may be required to show that the fault was inherent and has not been caused by the consumer.

It is reliant on circumstances. You cannot say that a letter would be sufficient for ALL cases. Because it wouldnt.

tomwakefield

Thanks for the link Quentin

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

Faulty goods that have been accepted

...
Requesting a refund

If a customer wishes to reject or not accept faulty goods, you are entitled to ask the customer to prove the goods were faulty when they bought them from you. If they are able to do this, they are entitled to a full refund.


Requesting a repair or replacement

If a customer has accepted the goods and is requesting a repair or replacement because the goods are faulty, the onus on who is required to prove the problem depends on how long ago they purchased the item.

Under six months - the customer does not have to prove the item was faulty when they bought it from you. If you disagree it is up to you, the retailer, to prove the item did conform to contract (or that the fault did not exist) at the time of sale.

Over six months - you are entitled to ask the customer to prove the item was faulty when they bought it from you. If they are able to do this they are entitled to a repair or replacement.

Quentin

unholyangel wrote: »

Quentin wrote:

The OP now knows that Asda (not the manufacturer) is the correct place to take this to.

The OP now knows that when Asda told him once his warranty expired they could do "nothing" was just a try on.

The OP never said Asda told him this! You've read the OP and assumed this is the case.

Now you are making things up!

This is what we were told in the OP:

retiredalso wrote: »

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?

There is no assumption necessary is there - or do you see some hidden agenda in the OP?

unholyangel

Quentin wrote: »

Now you are making things up!

This is what we were told in the OP:



There is no assumption necessary is there - or do you see some hidden agenda in the OP?

Well clearly you can see some invisible text i cant.

Where does the OP state Asda refused to do anything because it was out of warranty? The OP mentioned nothing about this, you just assumed it was so.

Quentin

unholyangel wrote: »

Well clearly you can see some invisible text i cant.

Where does the OP state Asda refused to do anything because it was out of warranty? The OP mentioned nothing about this, you just assumed it was so.

Can't you see this in the OP?

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

unholyangel

Quentin wrote: »

Can't you see this in the OP?

Where does the OP mention warranty? Like i said, you're assuming.

And rather than admit it and wait for the OP to confirm whether your assumption was correct or not, you're still going on as if the OP said warranty.

Quentin

What difference does the word "warranty" make?


We know the OP was wrongly told by Asda:

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

Which was why the thread was started!