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  • Quentin
    Quentin Posts: 40,405 Forumite
    arcon5 wrote: »
    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.

    Have you even read the thread.

    All you Asda supporters are not being opposed by just "one" person at all!

    You are arguing against Which?, MSE etc as well as posters here!

    A tumble drier is expected to live longer than 1 year 11 days!
  • Quentin wrote: »
    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/
    You can't reject faulty goods after a year. As per the which website
    If you want to return a product and get your money back, under the Sale of Goods Act you have the right to 'reject' an item that is not of 'satisfactory quality'.
    As soon as you've noticed, you should note the retailer. You only have a limited time – usually only a few weeks – to reject something.
    http://www.which.co.uk/consumer-rights/making-a-complaint/dealing-with-faulty-goods/your-rights---repair-refund-or-replace/
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  • prosaver
    prosaver Posts: 7,026 Forumite
    Part of the Furniture Combo Breaker
    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.
    its a play with words as they cant give your money back yet STOP
    they have to repair it STOP
    make yourself clear and give us all the facts STOP
    now be a man and get on with it and do some reasearch on the internet like everyone else does :mad:



    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?
    Give a man a fish and you feed him for a day. Teach a man to fish and you feed him for a lifetime.
    “Life isn't about finding yourself. Life is about creating yourself.”
    ― George Bernard Shaw
  • Quentin
    Quentin Posts: 40,405 Forumite
    You can't reject faulty goods after a year. As per the which website

    Tom, you adapt the letters!

    To spell it out for you, you change the wording from reject to repair.

    But you know this!

    Why not help the OP instead of score points?
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Quentin wrote: »
    Have you even read the thread.

    All you Asda supporters are not being opposed by just "one" person at all!

    You are arguing against Which?, MSE etc as well as posters here!

    A tumble drier is expected to live longer than 1 year 11 days!

    Have you read the thread? Or the articles you're so kean to quote? All of which confirm the burden of proof is on op as it's more than 6 months old -- acheived by having an independant report drawn up.

    Nobodies disputing it should last much longer than it has. doens't change the fact op needs to prove the fault to be inherent
  • Quentin wrote: »
    Tom, you adapt the letters!

    To spell it out for you, you change the wording from reject to repair.

    But you know this!

    Why not help the OP instead of score points?
    But you can't treat an item that has been accepted and has subsequently gone faulty the same way as an item that has been rejected. You can't simply say "the item has gone wrong, sort it out" a year down the line.

    OP - my advice is to get an independent report, the cost of which should be refunded if it proves that the tumble dryer is inherently faulty.
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  • real1314
    real1314 Posts: 4,432 Forumite
    arcon5 wrote: »
    That doesn't mean the retailer is responsible for 6 (or 5) years though. If a product has a 3 year life span and lasts that, you can't then claim it's their responsibility because you can persue a company for upto 6 years.

    As it stands ASDA has no obligation to help. Only if op can prove the fault is inherent does it mean they have to offer a remedy under SOGA. If they can't prove its inherent ASDA have to do nothing.

    You could presumably claim within the 3 year life span you've suggested for this hypothetical product I assume?

    And you'd agree that 12.33 months is too short for a tumble drier.

    Therefore ASDA has an obligation to consider the issue; under the SOGA.

    And we've already established that your use of the word "prove" is misguided and is not part of the legislation. They simply have to show that on balance the failure is not due to an inappropriate use.

    So, you were in fact presenting your misguided opinion, not legislation. Which is ironic.

    And regardless of all this, the potential for getting a repair or some sort of payment without getting to the burden of proof, still makes it worth the OP taking things up with ASDA customer services (That's for you to do OP.

    :cool:
  • Quentin
    Quentin Posts: 40,405 Forumite
    arcon5 wrote: »
    Have you read the thread? Or the articles you're so kean to quote? All of which confirm the burden of proof is on op as it's more than 6 months old -- acheived by having an independant report drawn up.

    Nobodies disputing it should last much longer than it has. doens't change the fact op needs to prove the fault to be inherent

    The OP is a long way from "having" to prove anything!

    He first needs to find someone at Asda to agree they are responsible!

    Maybe they will accept (what everyone else would), that a tumble drier has a better expectation than 1 year 11 days, and do the right (and cheapest) thing, and arrange for a repair.

    If they start asking for "proof", then the OP will have to cross that bridge when he comes to it!
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Quentin wrote: »
    The OP is a long way from "having" to prove anything!

    He first needs to find someone at Asda to agree they are responsible!

    Maybe they will accept (what everyone else would), that a tumble drier has a better expectation than 1 year 11 days, and do the right (and cheapest) thing, and arrange for a repair.

    If they start asking for "proof", then the OP will have to cross that bridge when he comes to it!

    well that would simply be down to offering good customer service. But since they have already shown now to offer this, op will need to comply with the soga and have a report done
  • Quentin
    Quentin Posts: 40,405 Forumite

    OP - my advice is to get an independent report, the cost of which should be refunded if it proves that the tumble dryer is inherently faulty.

    Now that is bad advice!

    Where does SOGA say the cost of the independent report should be refunded?

    In fact the only way to be sure would be to end up in court over this, and add the cost onto the claim!

    But before going to any expense, the OP needs to find out what Asda's proper response is (after finding out how an overzealous manager has dealt with him).
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