Success! New dryer

fred7777

In my experience emails are too easily ignored and I would post a letter to the store manager outlining the problem whilst sending a copy to customer services at head office and mentioning this fact in the letter.

Head office is:
Asda House
Southbank
Great Wilson Street
Leeds
LS11 5AD

Leaving aside what the law says they must do ASDA could do something to help you but they have chosen not to. There is a good chance you can persuade them to be more helpful, if only by making them believe you will not go away which is why letters work better than emails.

I would mention in the letter that:

1. It is reasonable to expect a tumble dryer from a reputable retailer to last longer than 1 year 2 weeks.

2. Aside from this fault the dryer is in good condition and has not been subjected to a unreasonable amount of use therefore the fault must be inherent in this unit. (add a picture to the letter)

3. You were miss-informed by the member of staff you spoke to when you first raised the subject.

Good luck

P.S. It is not always necessary to get an independent engineers report to prove a fault for the sale of goods act. I once got a company to replace a faulty item by sending them pictures which clearly showed it was faulty.

unholyangel

Quentin wrote: »

What difference does the word "warranty" make?


We know the OP was wrongly told by Asda:





Which was why the thread was started!

But you dont know why they were told that. So for you to assume it is because it is out of warranty just shows you don't base your advice on facts but your own personal opinion and assumptions.

It could be asda's policy to replace/repair with no hassle if item is less than a year old and only require a report for over a year old. It could be that they cant do anything in store and require the OP to call head office or something like that. When you buy electronics from asda you get a leaflet which the receipt is put in detailing who to contact if something goes wrong. Many retailers will not deal with it in store unless it is a item they still stock. Perhaps thats why they cant deal with it in store, because they no longer stock it.

Rather than waiting to find out the reason behind it, you've already decided they're guilty. Like i said, lets stick to the facts and wait for the OP to confirm the facts.

retiredalso

warranty and guarantee are the same.

My post title has guarantee in it.

11 days after guarantee runs out

I thought it was obvious that I was posting about Asda doing nothing because their 12 month moneyback/warranty/guarantee or whatever they call it had run out.

Evidently not.

Quentin

retiredalso wrote: »

I thought it was obvious that I was posting about Asda doing nothing because their 12 month moneyback/warranty/guarantee or whatever they call it had run out.

Evidently not.

It was!

(Some folk just picking at my posts because they seem to side with Asda - for some reason, and think they are clever because I used the word "warranty" when you used "guarantee". Ignore the tosh!)

unholyangel

No, it wasnt. To me (and apparently the majority of posters) you were saying it had broken 11 days after the guarantee ran out.

The OP didnt state they refused to do anything because the guarantee/warranty had ran out.

You were relying on their policy....not law. And heres what their policy says:

When you purchase any electrical item the receipt will be placed in a free Exchange & Refund wallet. If you don’t receive a wallet, just ask a colleague for one at any time, they will be ‘Happy to Help.’ Electrical products are automatically guaranteed for one year from purchase. The original receipt or proof of purchase is required to obtain an exchange or refund on all electrical products(*See ‘inherent faults’.)

*Inherent Faults: If you believe a product you have purchased has an inherent fault and is outside of the 1 year guarantee period you should contact the Customer Service Desk at your local store for further advice. The customer will be required to prove an inherent fault occurred with the product.
An inherent fault means a fault which existed at the time of sale which became apparent within the period of the guarantee.


Technically by law all you are entitled to is a repair, replacement or partial refund - and the retailer has the choice of offering the one which is least costly to them....usually repair. Their own policy is far above SoGA and far far more generous than most retailers offer. As i said in one of my first posts, Asda are only in breach of SoGA if the OP proves the fault was inherent and refuse to do anything. At present they have no legal obligation to repair, replace or refund. If you disagree, then by all means file a small claims.....bearing in mind small claims you'll likely still have to provide proof the fault was inherent, that asda were aware of this and refused to do anything.

Quentin

unholyangel wrote: »

No, it wasnt. To me (and apparently the majority of posters) you were saying it had broken 11 days after the guarantee ran out.

The OP didnt state they refused to do anything because the guarantee/warranty had ran out.

You were relying on their policy....not law. And heres what their policy says:

When you purchase any electrical item the receipt will be placed in a free Exchange & Refund wallet. If you don’t receive a wallet, just ask a colleague for one at any time, they will be ‘Happy to Help.’ Electrical products are automatically guaranteed for one year from purchase. The original receipt or proof of purchase is required to obtain an exchange or refund on all electrical products(*See ‘inherent faults’.)

*Inherent Faults: If you believe a product you have purchased has an inherent fault and is outside of the 1 year guarantee period you should contact the Customer Service Desk at your local store for further advice. The customer will be required to prove an inherent fault occurred with the product.
An inherent fault means a fault which existed at the time of sale which became apparent within the period of the guarantee.


Technically by law all you are entitled to is a repair, replacement or partial refund - and the retailer has the choice of offering the one which is least costly to them....usually repair. Their own policy is far above SoGA and far far more generous than most retailers offer. As i said in one of my first posts, Asda are only in breach of SoGA if the OP proves the fault was inherent and refuse to do anything. At present they have no legal obligation to repair, replace or refund.

The asda "guarantee" you quote is not the buyers legal rights, but in addition to them!

Irrespective of anything their guarantee says, they cannot (by law) tell customers:

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

unholyangel

Quentin wrote: »

The asda "guarantee" you quote is not the buyers legal rights, but in addition to them!

Irrespective of anything their guarantee says, they cannot (by law) tell customers:

Yes they can. Unless the fault is proven to be inherent.

tomwakefield

fred7777 wrote: »

2. Aside from this fault the dryer is in good condition and has not been subjected to a unreasonable amount of use therefore the fault must be inherent in this unit. (add a picture to the letter)

Why do you expect them to take the OPs word for it that the fault is inherent?

prosaver

i thing is
1 asda lied
as did scottish electric lied when my hotpoint washer broke down. They told me to phone hotpoint..
I didnt have to prove anything as when the hotpoint engineer (who scottish electric had to send to fix it) seen the fault that was good enough.
see the manager at asda and quote the sale of goods act. and say your going to sue them for lying

real1314

Some people on this thread have gone from the legislative term "burden of proof" to an alternative wording of "prove".

This has led them down a certain path.

In reality, you cannot "prove" anything. A physicist will tell you it's an impossibility.

However "Burden of Proof" is not synonymous with "Prove".
"Burden of Proof" relates to the weight and degree of evidence.

In this case I would suggest that the OPs position is that under the SOGA the Tumble Drier is not of satisfactory quality.
If their contention after 12 month, was based on it "not drying very well" or "being a bit noisy"; then they would be rather lucky to get anywhere.

However the OP's evidence for the item not being of satisfactory quality is that it has ceased to work after 12 months and 11 days.

If ASDA contend that this is satisfactory, good luck to them in their business.

NB; as an aside, relating to "proving" things, someone suggested the OP would have to "prove" that the tumbler had not been mis-used. How on Earth do you expect some to prove that? CCTV 24/7 x 365 (+11) of the machine? A day by day usage log?

5:1 does not make 5 right and 1 wrong. :cool: