Success! New dryer

Quentin

unholyangel wrote: »

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

Why do you say "they can" just tell the customer because it's over a year we can do nothing?

Asda broke the law when they fobbed the customer off telling him:

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

This is exactly what Which? discovered when doing undercover visits to electrical stores.

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

It is 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

(You just seem to be arguing with me for the sake of it -eg what was behind you having a go because I used the word "warranty" in place of "guarantee"?)

The OP came for help. He was initially given bad advice (about taking this up with the manufacturer) which I alone corrected. (Where were all you "regular experts" then?) All you seem to be doing is sticking up for Asda!

arcon5

unholyangel wrote: »

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

You get the feeling this could go on for a while?

prosaver

tomwakefield wrote: »

Why do you expect them to take the OPs word for it that the fault is inherent?[/QUOTE
how can a person knacker a timer?

tomwakefield

real1314 wrote: »

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.

Convenience, mainly, albeit perhaps not, strictly speaking, 100% accurate.

However, this is semantics and diverts from the actual point made. According to the SOGA legislation, after six months the burden of proof lies with the customer to demonstrate that the fault is inherent.

real1314 wrote: »

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.

That's not evidence that the fault is inherent, as opposed to through misuse.

real1314 wrote: »

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?

An independent engineers report concluding that the fault is most likely to be inherent should satisfy that.

real1314 wrote: »

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

How about 5 quoting legislation to support their views?

tomwakefield

prosaver wrote: »

say your going to sue them for lying

:rotfl:
Wait, you were serious?!

prosaver

tomwakefield wrote: »

:rotfl:
Wait, you were serious?!

no, not really'

real1314

tomwakefield wrote: »

Convenience, mainly, albeit perhaps not, strictly speaking, 100% accurate.

However, this is semantics and diverts from the actual point made. According to the SOGA legislation, after six months the burden of proof lies with the customer to demonstrate that the fault is inherent.


That's not evidence that the fault is inherent, as opposed to through misuse.


An independent engineers report concluding that the fault is most likely to be inherent should satisfy that.


How about 5 quoting legislation to support their views?

1. As you appear to have agreed, for convenience they have all mis-quoted legislation. Therefore they have not supported their views.

Besides which, legislation is always subject to interpretation, which is ultimately decided through the court system.
5:1 still doesn't make them right.

2. You keep referring back to this idea that there is a "fault". What if the OP proves that there is no manufacturing fault. That the machine has simply expired due to the fact that it was only ever intended to last the time it did?

Hence, the machine is not of satisfactory quality, rather than it being faulty. Which is where I pointed, but you failed to read.

Furthermore, a simple statement by the OP that they have not opened any part of the machine that is not consumer serviceable; have not used the machine inappropriately and have not kept the machine in an inappropriate location; and have complied with the manufacturers instructions, in lieu of any retailers directions;
Would form a piece of evidence.

To consider the case in court, the evidence would be balanced. With nothing to contradict the OPs statement, on balance of probability (i.e 50.5% probability beats 49.5% probability) who would win?

Meagre evidence from OP vs No evidence from ASDA

It's almost definitely worth the OP pushing ASDA further.

nb. Laptop 13 months old, power supply failed ; 12 month warranty expired.
Tesco gave me a £175 pay out on the basis of 50% depreciation.

I'd say the OP has little to lose and a lot of legislation they can bring to bear. If ASDA resist continually, the OP could go to court, but bet they cave in.

The consumer wins! :cool:

retiredalso

All I see are a lot postings about what people believe are right or wrong or arguing amongst themselves that Asda have/have not broken the law by telling me that because the tumble dryer broke 11 days after the guarantee ran out that Asda will do nothing

If you lot can't agree amongst yourselves as to what my rights are what hope do I have of knowing what my rights are?

I mentioned to the manager that it was not very consumer friendly to do nothing but the manager restated that Asda have a 12 month money back guarantee and that since 12 months have passed, there is nothing that can be done.

So how do I get Asda to either repair it or replace it or give me my money back?

Go to the police and say Asda have broken the law?:rotfl: if they have?

Quentin

Talk to their HO customer service dept, and tell them what the local manager told you!

See the MSE advice: http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Or maybe one of these Which? letters would do the trick:

http://www.which.co.uk/consumer-rights/making-a-complaint/dealing-with-faulty-goods/sample-letters/

arcon5

retiredalso wrote: »

All I see are a lot postings about what people believe are right or wrong or arguing amongst themselves that Asda have/have not broken the law by telling me that because the tumble dryer broke 11 days after the guarantee ran out that Asda will do nothing

If you lot can't agree amongst yourselves as to what my rights are what hope do I have of knowing what my rights are?

I mentioned to the manager that it was not very consumer friendly to do nothing but the manager restated that Asda have a 12 month money back guarantee and that since 12 months have passed, there is nothing that can be done.

So how do I get Asda to either repair it or replace it or give me my money back?

Go to the police and say Asda have broken the law?:rotfl: if they have?

Actually you have everybody telling you the facts and substantiating everything, and one misguided person ignoring all of this and taking their own view upon it.

Also what you should do has also been answered (over and over again and links also)... prove the fault is inherent by having a independant specialist inspect the goods and write a report... then take this report to Asda, they now have an obligation under Sales of Goods Act to offer a remedy and reimburse the cost of the report.
If they fail to then offer anything (which I doubt will happen), only then are they in breach of contract and you can persue them via the courts (although a letter to head office with your proof will probably sort this hyperthetical problem out).

The police will not be interested... it's a civil matter, not criminal.