AEG Lavatherm dead after two years..

unholyangel

C_Mababejive wrote: »

At that point the court will weigh in the balance,what a reasonable person might expect.

As I consider that i am a reasonable person, and since i fully expect a premium quality appliance to last more than two years, i shall take that action since i believe that given the circumstances,the appliance was not of adequate quality and durability.

(for the purposes of this discussion "I" shall also denote "my friend" and any actions will be taken by the purchaser)

Repair or replacement of the goods

 
(1)If section 48A above applies, the buyer may require the seller—
(a)to repair the goods, or
(b)to replace the goods.


(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a)impossible, or
(b)disproportionate in comparison to the other of those remedies, or
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

So tell me, will you be requesting they repair or replace the goods?

Are you also aware that "you" have a statutory obligation to mitigate your losses? And that effectively, by contracting a third party without first allowing the retailer the chance, you have possibly failed in this statutory duty?

C_Mababejive

As i say, and if necessary,the civil courts will weigh it all in the balance and decide what was and is reasonable. That is where the discussion will end.

CoolHotCold

But they won't weigh in what is reasonable.

They will look at the law, and the law says that under the soga you must give the retailer to opportunity to repair/replace/refund.

You/Friend didn't do this, and as such you have no comeback under the SoGA because it was never followed.


This isn't a case where a judge will look at it and go, yes the retailer has acted improperly, they will look at the case and go "The owner took a remedy that was outside of the retailers lawful obligations and the actions taken are not consistent with the SoGA."

It's not a case of a judge deciding on how much you/friend should get based on the SoGA, the Judge will look to see if the SoGA has been followed or broken and in this case you/friend have bypassed the SoGA completely.

C_Mababejive

We could debate all day.

We shall continue to press on and no doubt an outcome will be arrived at. It will not be remedied in this forum and I post merely for general interest.

CoolHotCold

That's fine, you're entitled to your opinion. It's wrong, but the free world we live in mean you are entitled to it.

All that I, and indeed the overwhelming majority of people who have replied to your thread have said that it isn't correct procedure and that legally forgone conclusion.

C_Mababejive

We have now negotiated a successful conclusion to this matter with the retailer. I would add that AEG Electrolux,whilst having no legal obligation,were at best,dismissive and we shall not be buying any of their rubbish products masquerading as quality German Engineering again.

neilmcl

C_Mababejive wrote: »

We have now negotiated a successful conclusion to this matter with the retailer. I would add that AEG Electrolux,whilst having no legal obligation,were at best,dismissive and we shall not be buying any of their rubbish products masquerading as quality German Engineering again.

I'm confused, are you still talking about yourself or your "friend" now?

somethingcorporate

So what was the outcome?

Did it go to court?

Edit: the lack of detail makes me think:

a) it didn't get to court; and
b) it was repaired/replaced/refunded as a goodwill gesture.

C_Mababejive

I progressed the matter up to the point of instigating court action however the retailer has been most co operative and has made a contribution to the cost of the repair which all parties are happy with so case closed.

C_Mababejive

neilmcl wrote: »

I'm confused, are you still talking about yourself or your "friend" now?

The "we" in this case is myself and my friend whom i have assisted in this matter. I am not the owner or purchaser of the aforementioned appliance. I do hope this finally clarifies the matter for you and others who seem similarly confused.