Success! New dryer

Quentin

arcon5 wrote: »

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

Where have they shown anything? Atrocious (law breaking) customer service actually!

We have now learnt it was the store manager who told him "they can do nothing!

arcon5

Quentin wrote: »

Where have they shown anything? Atrocious (law breaking) customer service actually!

We have now learnt it was the store manager who told him "they can do nothing!

typo, should have read they've already shown not to offer this.

unholyangel

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?

See my earlier post....here it is again....Asda's Policy (if you check their website, i'm sure there was a 0800 phone number too). Ask them what proof will be required with regards to it being a inherent fault:

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.

Quentin wrote: »

Now that is bad advice!

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

Two words.....consequential loss.

(1)The measure of damages for the seller’s breach of contract is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach.

If the fault is inherent then it is a breach of contract, hence you can claim consequential losses.

fred7777

tomwakefield wrote: »

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

I don't necessarily. My point is that if you can convince them that you won't let the matter drop then sometimes they will become more helpful to avoid future hassle. It may in the end cost them more to reply to a load of letters and deal with an Engineers report than to fix the problem right now and avoid future work. Showing them that the machine is in good condition, has not been unreasonably used and you understand which part of the law is appropriate is part of this.

Quentin

unholyangel wrote: »

See my earlier post....here it is again....Asda's Policy.

Asda's policy is irrelevant!

The SOGA gives the customer rights!

You seem to be ignoring the durability aspect.

If you buy something which should last 7 years but breaks down after a year and a day, you can still claim it was of poor quality in reference to the durability aspect.

visidigi

I can't beleive this is still going on...

Quentin.

Define durability? Not in you opinion, but by fact, define it, define a working life span, define a cost versus lifespan etc etc.

This is why the inherent report is the easiest (note I am not saying its the only way) and most direct way of the OP getting his problem solved.

Not good will, not opinion, but factual fix - FACTS are key, as point I raised earlier and a point I will return to, official facts you can use to fix the situation.

I am not defending ASDA in any way, I am specifically trying to help the OP with the most efficent way to expedite a resolution to the problem.

In any case, I am not going to reply anymore - OP if you do the above in MY POST it will be the quickest, least confrontational (things are easier when you don't have to explain yourself over and over) and effective resolution to you - I wish you luck in any case.

unholyangel

Quentin wrote: »

Asda's policy is irrelevant!

The SOGA gives the customer rights!

You seem to be ignoring the durability aspect.

If you buy something which should last 7 years but breaks down after a year and a day, you can still claim it was of poor quality in reference to the durability aspect.

And you seem to be ignoring the parts of the SoGA which do not fit in with your version of it.

Asda's policy is to require proof the fault is inherent. This is perfectly acceptable and legal within SoGA. Furthermore, policy is only irrelevant IF it tries to limit or remove a statutory right. Asda's policy does not do this and in fact grants the consumer additional protection. It also stipulates on how to proceed if a item fails outside of their 1 year guarantee, so YES it is relevant.

Durability only comes into it IF the product has failed due to an inherent fault. If the fault is not inherent and down to misuse or overuse the consumer has no case under SoGA as seller has committed no breach of contract.

I have quoted actual legislation which you have ignored and mystifyingly claimed is wrong. Pray tell, if you're right....then you're saying that the Sale of Goods Act itself is wrong?

Quentin

visidigi wrote: »

I can't beleive this is still going on...

Quentin.

Define durability? Not in you opinion, but by fact, define it, define a working life span, define a cost versus lifespan etc etc.

There is no need for a definition when you are looking at a tumble dryer that is only a year (and 11 days old)!

unholyangel

Quentin wrote: »

There is no need for a definition when you are looking at a tumble dryer that is only a year (and 11 days old)!

There honestly is just some people who cant be taught/helped.

Quentin

unholyangel wrote: »

Asda's policy is to require proof the fault is inherent.

You keep referring to Asda's policy. They cannot stand behind that and say "it's our policy", "we can do nothing after a year"!

SOGA applies, irrespective of what Asda say in their policy, or what their Manager says. Their "policy" ignores durability, and looks to have been written in the bad old days, before durability was added to our rights!