faulty microwave - what are my rights

mpet

Hi

I purchased an expensive AEG integral combi microwave/oven as part of a kitchen refit in Feb 2010. It has now given up the ghost - totally failed. I paid to get someone to take a look at it and he said the PCB had failed - which is the best part of £200 to replace. My microwave has had light use and I haven't ever used the grill bit of the microwave.

The microwave has a standard 1 year guarantee, but I think given how much it cost, it should have lasted a bit longer than it has. Would it be worth going back to Wickes (who supplied the m/wave as part of the refit) and claiming under the Sale of Goods Act - or am I wasting my time.

If I had been a cheapy microwave, I would just bin it and replace it - although, I've never had to bin a cheapy microwave because it broke!

jacques_chirac

No harm in claiming, but you would need to prove that the microwave was inherently faulty. How much did it cost?

Have you shopped around for a replacement PCB? £200 seems very expensive. What is the part number?

Devin_Shockwell

Sounds like you're in the perfect position to make a claim using the Sale of Goods Act. You've already got an engineers diagnosis so I'd hope you have that in writing and signed off.

You could even use Section 75 if it was bought on a credit card and possibly claim back the cost of that engineers report. They probably wouldn't cover that expense but it's wise to list all incurred expenses due to the fault.

mpet

It cost £650 - hence the question. I'm not sure if I could claim it was inherently faulty - and the engineer didn't say so - just that the PCB had failed.

I have checked the PCB prices and the one I looked at was £180 plus VAT.

Could I not claim as the item has not lasted for a reasonable length of time?

Devin_Shockwell

Clearly there is an issue as the Microwave failed with normal use.

Raise a claim under the Sale of Goods Act using the template letter available from this website and include the engineers report to confirm the fault. Push for a repair or replacement and if that fails maybe a partial refund. If they don't play ball then use Section 75 against the credit card company... assuming you used one for this expensive purchase of course!

You've nothing to lose here and everything to reclaim!

shaun_from_Africa

Could I not claim as the item has not lasted for a reasonable length of time?

Yes, but you may well be asked to prove that the failure wasn't down to something that you had done.

A SOGA claim is unlikely to succeed at the moment as you only have proof that the microwave has failed and nothing to state that the reason for the failure was due to a manufacturing defect.

It would be exactly the same for a S75 claim. At present there has been no breech of contract between yourself and the supplier, hence no liability against the credit card issuer (if one was involved).

jacques_chirac

mpet wrote: »

It cost £650 - hence the question. I'm not sure if I could claim it was inherently faulty - and the engineer didn't say so - just that the PCB had failed.

I have checked the PCB prices and the one I looked at was £180 plus VAT.

Could I not claim as the item has not lasted for a reasonable length of time?

You can claim, but (if you had to take it to court) it would be up to the judge as to what constitutes a reasonable time. Given the length of time you have had it, it may be that the retailer offers a partial refund, which would be allowed under SoGA.

Have you checked ebay for the part?

mpet

Have you checked ebay for the part?
- Yes - nothing doing

I was wondering about a credit card claim if all else fails - problem is I paid the deposit on the whole kitchen with a credit card and the balance was on an interest free loan - so I'm not sure who I should claim against - card or loan company.

I will approach Wickes - to be honest I would be happy if they agreed to repair

Thank you all for your advice

C_Mababejive

Please have a look at my thread RE faulty AEG condenser drier after just over one year. I pursued a SOGA claim and got back the cost of the repair/parts. I didnt have to go to court. My pitch was enough. By the way AEG are not finely engineered German appliances as they would have you believe. AEG no longer exists as a manufacturer and the brand name is owned by Electrolux.

frugal_mike

mpet wrote: »

I was wondering about a credit card claim if all else fails - problem is I paid the deposit on the whole kitchen with a credit card and the balance was on an interest free loan - so I'm not sure who I should claim against - card or loan company.

I'm assuming the loan was arranged with a bank and had nothing to do with the transaction with Wickes? If so then the loan provider are not liable under Section 75. The credit has to be an integral part of the transaction, either a credit card or finance arranged as part of the sale.

In that case any section 75 claim would need to be against your credit card supplier.

mpet

The loan was arranged by Wickes as part of the sale. I paid a deposit on my credit card (@3k) and the balance was paid via the loan.

In this case who could I take this up with (if it gets to that point)- the card company I used to pay the deposit with, or the loan company that covered the bulk of the purchase