Indesit taking me to court for £100 to fix washing machine that was under warrenty

melbell

wealdroam wrote: »

If Makro sell to a consumer, no matter what it says in their t&cs, then it is a business to consumer sale.
This is simply because a seller cannot deny a consumer their statutory rights.

Actually you have to present yourself as a business, REGISTER to buy as a business and you agree you are buying for a business

antrobus

wealdroam wrote: »

If Makro sell to a consumer, no matter what it says in their t&cs, then it is a business to consumer sale.
This is simply because a seller cannot deny a consumer their statutory rights.

Plus SOGA applies to all contracts of sale of goods, and in particular s14 rights - the implied term that the goods supplied are of "satisfactory quality" - comes into effect when "the seller sells goods in the course of a business". Can't see anything that says that they don't apply if the buyer isn't a consumer.

koolcat99

Actually you have to present yourself as a business, REGISTER to buy as a business and you agree you are buying for a business

Hmm yeh but its a domestic appliance not heavy duty and was the same price as at Commet, the reason we bought it there was because they had them to take away there and then and we didnt not want to wait for delivery. There was a sticker on the front of the machine "12 months manufacturers warrenty" If it is the case that they are selling consumer goods at retail prices (which they are) and using the makro b2b card to get out of their consumer obligations then that should be stopped. Though I can see them going out of business soon anyway..

neilmcl

melbell wrote: »

Actually you have to present yourself as a business, REGISTER to buy as a business and you agree you are buying for a business

That may be the case but you are still legally classed a consumer, unless of course you are in fact a legitimate business.

melbell

So the OP can be done for mis-representation. Buying as a business when infact a consumer.

I've been makro many times. and when I originally signed up it said "I agree I am buying a business not as a consumer"

vax2002

Hi, This is a very easy one.
let them put up or shut up.
The sale of goods act trumps any warranty and the machine needs to be fit for purpose.
If they do try court which would be extremely foolish the case will be very easily defended and you can counter claim fort harassment.
The receipt is a red herring as they have a firm record of when you bought the machine with reference to when the warranty overlaps are, the letter they sent confirms this.
I dont think the judge will have any of the business bluff.

neilmcl

melbell wrote: »

So the OP can be done for mis-representation. Buying as a business when infact a consumer.

I've been makro many times. and when I originally signed up it said "I agree I am buying a business not as a consumer"

Well that would be between them and Makro, it doesn't have any effect on your statutory rights. If you are in reality a private consumer it doesn't matter what you say to the retailer, you are still legally a consumer.

melbell

neilmcl wrote: »

Well that would be between them and Makro, it doesn't have any effect on your statutory rights. If you are in reality a private consumer it doesn't matter what you say to the retailer, you are still legally a consumer.

Unless you've presented yourself as a business agreeing that you are a business not a consumer.

There was a dell thread on here a while ago. The consumer presented themselves as a business. It was agreed they had no consumer rights.

shaun_from_Africa

The sale of goods act trumps any warranty and the machine needs to be fit for purpose.

True, but the SOGA also states that if the goods are not fit for purpose, it is the retailer (Makro) that is responsible and not the manufacturer.

The only contract between the OP and Indesit is with regards to the manufacturers warranty, and if one of the terms of this is that a valid sales receipt is required for warranty claims, they are perfectly entitled to refuse any repair work without this.

koolcat99

But it is not Makro who are supposedly taking me to court its Indesit. I am just going to write the exact wording:

"We act on behalf of the above mentioned client who has instructed us to write to you concerning the amount due to them for £104.99. This represents the cost of a call out/repair charge in respect of your Hotpoint model WMD962PUK.
Work carried out "REFITTED DOOR SEAL"

Unless we receive payment of this sum within 7 days from the date of this letter (1st June) , we are instructed to issue legal proceedings without further notice.
Our client is invoicing you because your insurance or warranty details have been rejected by your provider. If you believe you have valid insurance or warranty cover, please provide a copy of your policy document in order that our client may undertake further enquiries.
Please note that we are unable to process any of your comments unless they are in writting , together with our reference and your insurance or warranty agreement number.
Any claim resulting in proceedings will include a claim for interest from the date on which our clients invoices became due together with court fees and legal costs from the date of issue of the proceedings.
We hope that it will not be necessary for us to issue proceedings and that we will receive payment by return. Please return this letter together with your payment which should be made to Indesit Company Ltd"

Just on my way to Makro just now and will let you know how I get on, hopefully they will be able to hand over my receipt.