Faulty electric blanket from Imetec/Dreamland

jpbowley

Hi all,

Got a bit of a problem, wanted to ask your advice.

Bought an Imetec Dreamland Sleepwell dual control electric blanket from Imetec's own store on Amazon.co.uk in November 2011. I paid by debit card and it cost £79.99.

The blanket stopped working a couple of weeks ago, and upon inspection a large area (about a foot by a foot) had melted wires and damaged fabric. I noticed because the control was showing a fault on my side of the blanet, so I inspected it.

As Imetec have a three year warranty and say they will replace faulty goods, I packaged it up and sent it to them with a copy of the proof of purchase from Amazon.co.uk and a copy of the postage receipt and a letter asking for a repair according to their warranty.

They wrote back on 31st Oct to say that although they can see wiring damage and although they can see fabric damage there is no evidence it was caused by overheating and so they are denying liability.

I was originally looking for a repair, but now wish to have a replacement or a full refund.

I have drafted the following - any advice on what else to say - or what not to say - would be appreciated.

Thanks
Jonny

__________________________________


Further to your letter dated 31st October 2012, I am writing to express my dissatisfaction with your findings regarding the faulty electric blanket I returned to you. In your letter you state that you have examined the blanket and confirm damage to the heating element and damage to the fabric, but say there is no evidence that the damage was caused by overheating.

According to the Sale of Goods Act 1979, items sold have to be Satisfactory as Described, Fit for purpose, and last a Reasonable length of time. It is my contention that an electric blanket that has elements which overheat and cause damage is not Satisfactory as Described, despite appearances to the contrary when first purchased. Any inherent fault with the system upon purchase which manifests itself at a later date is your responsibility. Such an item is not only faulty and in need of replacement under my statutory rights, but also highly dangerous - I dread to think of what might have happened if the blanket had caused a fire.

It is also my contention that an electric blanket could reasonably be expected to last more than 11 months, and that as such it does not meet a second requirement of the Sale of Goods Act of 1979. Further to this, the Limitations Act allows up to six years after goods are purchased to make a complaint.

I enclose several photographs documenting the damage that occurred and am requesting a replacement or full refund for the faulty item within 28 days, plus the cost of posting the item to you. Failure to do so may result in further action being taken.

wealdroam

You seem to have a good grasp of SoGA, but I feel I need to point out one thing.

After six months from purchase the onus is on the purchaser to prove that the fault is inherent.
It appears that the seller is saying that you haven't provided that proof.

As you no longer have the blanket, it may be difficult for you to get that proof now.

This is what MSE's Consumer Rights article has to say about this...

When goods are faulty, if you return them within six months then it's up to the shop to prove they weren't faulty when you bought them. After this, the 'burden of proof' shifts and it's up to you to prove they were faulty when you bought them.

Also, you mention a three year warranty, but in your letter you are consistently referring to SOGA.
You need to be clear about which you are claiming under.
As your earlier correspondence mentioned warranty, have you now decided to use SOGA?

jpbowley

Thanks for the quick response. I was claiming under their warranty as I acted in good faith and foolishly believed that they would honour their warranty, but am now claiming under the sale of goods act as they are refusing to honour their warranty.

How do I prove the blanket is faulty? Even if they return it I can't. One day it worked, the next it had a big melted hole in it. We followed all the instructions every time we used it.

What else can I say?

wealdroam

jpbowley wrote: »

How do I prove the blanket is faulty? Even if they return it I can't. One day it worked, the next it had a big melted hole in it. We followed all the instructions every time we used it.

One way of getting that proof is to get an independent expert, e.g. an electrical engineer perhaps, to inspect the thing and write a report stating that the fault is inherent.
You may have to pay for that inspection, but the cost should be refunded by the retailer if it proves an inherent fault.

An inherent fault is one that was present at the time of sale but not necessarily apparent at that time.

I know you say you have used it in accordance with the instructions, but the vendor doesn't know that.
And frankly, he doesn't have to believe you, does he?

Examples of mis-use might be folding it incorrectly or spilling water on it.

Your report needs to show that that a manufacturing error led to the failure.