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

zoob

Thinking about this, the business who'o Makro card you used is the retailer who you should be dealing with, they are the retailer, regardless of the fact that you selected and paid Makro yourself, by letting you use there card they becaume the retailer by default.

Also there are no recomended retail prices on washing machines, so retailers and wholsalers can sell them at any price they want.

vax2002

Right some facts please, you say "I called them"
Who did you call ?

neilmcl

melbell wrote: »

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.

Who "agreed". Simply by entering into an agreement with a retailer perporting to be a business doesn't change your legal definition as a consumer if that is in reality what you are - this is FACT.

antrobus

neilmcl wrote: »

Who "agreed". Simply by entering into an agreement with a retailer perporting to be a business doesn't change your legal definition as a consumer if that is in reality what you are - this is FACT.

And doesn't matter anyway, because SOGA applies irrespective of whether the buyer is a 'business' or a 'consumer'

koolcat99

Thinking about this, the business who'o Makro card you used is the retailer who you should be dealing with, they are the retailer, regardless of the fact that you selected and paid Makro yourself, by letting you use there card they becaume the retailer by default.

Also there are no recomended retail prices on washing machines, so retailers and wholsalers can sell them at any price they want.

I used my own Makro card. Yes of course it was a personal purchase. Are you trying to tell me that the majority of the items in the store (non food) are aimed at businesses? They have a whole section for festivals "your one stop shop for T in the park this summer" So if I buy one of their tents for a music festival then its for business purposes?? I cannot see how?
Anyway they have again promised me this receipt so hopefully I will get it and send it off to Indesit.

zoob

koolcat99 wrote: »

I used my own Makro card. Yes of course it was a personal purchase. Are you trying to tell me that the majority of the items in the store (non food) are aimed at businesses?

Yes, I've seen all sorts of business buy stock or supplies in Makro and yes they might buy something for there own personal use, but there still buying it thru the business.
I'd be weary about showing Indesit a Makro reciept, saying it's was bought thru the business, and it's your only reciept, because they might class it as comercial use, and thier machines are only sold for domestic use. but If you get a reciept from your business for the sale of the machine to you personly, that should be fine.

shaun_from_Africa

but If you get a reciept from your business for the sale of the machine to you personly, that should be fine.

Then if Indesit don't agree to the repair being carried out under the warranty, the OP will then have to sue themselves for selling a washing machine that wasn't fit for purpose!

wealdroam

antrobus wrote: »

And doesn't matter anyway, because SOGA applies irrespective of whether the buyer is a 'business' or a 'consumer'

That is of course correct.

There are however, whole chunks of SOGA that only apply to consumer sales.

It is also possible for a business customer to 'contract out' from sections of SOGA.
A consumer cannot do this.

Twice now you have effectively posted that business customers and consumer customers are similarly treated under SOGA.
That is simply wrong.

koolcat99

Then if Indesit don't agree to the repair being carried out under the warranty, the OP will then have to sue themselves for selling a washing machine that wasn't fit for purpose!

I dont see how, Indesit should not be supplying them to Makro in that case and Makro should not be putting a great big 12 months manufacturers warranty sticker on the machine. The washing machine was 350 including VAT, The going rate for the machine at that time was 350 including vat, if they even dare to imply that the washing machine was sold to me for resale purposes? What I am gonna mark it up by 2.5 and sell a 350quid washing machine for 875quid - this is laughable. Time to snap up the Makro membership card then I think, no wonder they are going bust.

withabix

koolcat99 wrote: »

Time to snap up the Makro membership card then I think, no wonder they are going bust.

They aren't.

They might be making a loss (see also many other businesses at present).

They were bought by Booker a couple of weeks ago.