Beko custromer service playing funny boggers.

GlynD

I've been calm about the matter throughout. The current situation is:

Beko are denying responsibility.
The retailer is denying responsibility and trying to talk me out of SOGA.

I have been supplied details for an engineer by Beko. Ther are their recommended engineer but are an independent company so I will get them out and get the item fixed and have a report supplied. In the interim I will contact local Consumer Advice and ask them to make a judgement on the matter.

I know and you know that the retailer is the one who should pay for the repair but, as on so many previous occasions, the retailer hopes that by denying responsibility under law that I'll go away.

wealdroam

GlynD wrote: »

I've been calm about the matter throughout. The current situation is:

Beko are denying responsibility.
The retailer is denying responsibility and trying to talk me out of SOGA.

I have been supplied details for an engineer by Beko. Ther are their recommended engineer but are an independent company so I will get them out and get the item fixed and have a report supplied. In the interim I will contact local Consumer Advice and ask them to make a judgement on the matter.

I know and you know that the retailer is the one who should pay for the repair but, as on so many previous occasions, the retailer hopes that by denying responsibility under law that I'll go away.

You are definitely going about this the wrong way.

If you get an engineer out to fix the problem then you will have no evidence to show the seller that the problem is inherent... because by then there won't be a problem.

In that article linked to earlier you will have seen that to force the seller into providing a remedy you need to prove that the fault is inherent. An inherent fault is one that was present at the time of sale but not necessarily apparent at that time.
One way of doing this is to get a report stating that the fault is inherent.

Armed with that report you can go back to the seller and force a remedy from him... maybe through the courts.

I repeat... You will not get the seller to pay for your engineer's repair work.

Nor will you get the manufacturer to pay for your engineer's repair work.

Or to put it another way... if you hire an engineer to repair your appliance you will be stuck with his bill and then have no right to a remedy from the seller (you already have no right to a remedy from the manufacturer).

You appear not to have read that article I linked to.

sodukoman

GlynD wrote: »

I've been calm about the matter throughout. The current situation is:

Beko are denying responsibility.
The retailer is denying responsibility and trying to talk me out of SOGA.

I have been supplied details for an engineer by Beko. Ther are their recommended engineer but are an independent company so I will get them out and get the item fixed and have a report supplied. In the interim I will contact local Consumer Advice and ask them to make a judgement on the matter.

I know and you know that the retailer is the one who should pay for the repair but, as on so many previous occasions, the retailer hopes that by denying responsibility under law that I'll go away.

Just stop and think for a minute. Are all the regulars on this Board with all their experience wrong and you are right....what are the chances of that?

GlynD

sodukoman wrote: »

Just stop and think for a minute. Are all the regulars on this Board with all their experience wrong and you are right....what are the chances of that?

None at all but you seem to have overlooked the fact that I've taken the matter to Consumerline. I will have their decision and advice before the engineer calls. I've also now e-mailed management at the retailers and copied them into the report which as sent to Consumerline. I'm not naming them yet because I don't think it's appropriate.

I'm not ignoring the advice I've been given. Far from it but I can't just sit here and do nothing with a faulty washing machine. We need it functioning otherwise we'll have no clean clothes to wear.

So the current situation is:

Manufacturer contacted, retailer contacted, both refusing to admit liability. Consumerline contacted for a decision. Engineer contacted and an appointment arranged for next Wednesday PM.

There is another facet to this which I haven't mentioned before but which is relevant. I am a disabled veteran and this machine was supplied by one of my regimental associations who use the retailer on a "preferred" basis. I am about to contact them and advise them how their preferred retailer treats one of their dependents when a machine they have supplied, which is only 4 months out of warranty, fails.

sodukoman

GlynD wrote: »

None at all but you seem to have overlooked the fact that I've taken the matter to Consumerline. I will have their decision and advice before the engineer calls. I've also now e-mailed management at the retailers and copied them into the report which as sent to Consumerline. I'm not naming them yet because I don't think it's appropriate.

I'm not ignoring the advice I've been given. Far from it but I can't just sit here and do nothing with a faulty washing machine. We need it functioning otherwise we'll have no clean clothes to wear.

So the current situation is:

Manufacturer contacted, retailer contacted, both refusing to admit liability. Consumerline contacted for a decision. Engineer contacted and an appointment arranged for next Wednesday PM.

There is another facet to this which I haven't mentioned before but which is relevant. I am a disabled veteran and this machine was supplied by one of my regimental associations who use the retailer on a "preferred" basis. I am about to contact them and advise them how their preferred retailer treats one of their dependents when a machine they have supplied, which is only 4 months out of warranty, fails.

You can take your problem to the the Queen, the Pope, your MP or anyone really and they can say anything to be honest. The Law is what matters.

Disabled card being played...perhaps too late I suggest?

unholyangel

GlynD wrote: »

None at all but you seem to have overlooked the fact that I've taken the matter to Consumerline. I will have their decision and advice before the engineer calls. I've also now e-mailed management at the retailers and copied them into the report which as sent to Consumerline. I'm not naming them yet because I don't think it's appropriate.

I'm not ignoring the advice I've been given. Far from it but I can't just sit here and do nothing with a faulty washing machine. We need it functioning otherwise we'll have no clean clothes to wear.

So the current situation is:

Manufacturer contacted, retailer contacted, both refusing to admit liability. Consumerline contacted for a decision. Engineer contacted and an appointment arranged for next Wednesday PM.

There is another facet to this which I haven't mentioned before but which is relevant. I am a disabled veteran and this machine was supplied by one of my regimental associations who use the retailer on a "preferred" basis. I am about to contact them and advise them how their preferred retailer treats one of their dependents when a machine they have supplied, which is only 4 months out of warranty, fails.

So did the association enter into the contract, or did you?

We're not your enemy. To the contrary, posters here have only been trying to advise against action which may see you out of pocket.

Once the burden of proof (that the fault is inherent) has been satisfied, you are entitled to a remedy. You can request one remedy over another but the retailer can refuse if disproportionately costly. You cannot force a remedy that is disproportionately costly or impossible.

If you have it fixed without giving them a chance to remedy the breach, you'll be on thin ice when it comes to reclaiming that money.

Have you also considered what you will do if the retailer don't pay up for the engineers visit and the engineer starts chasing you for payment? Are you prepared to cover the cost yourself? If so then batter in and knock yourself out. If not....then following SoGA is your only hope.

And all this is providing that you entered into the contract with the retailer, not the association. If it was the association then that muddies the waters as they (the association) have rights but it may be classed as a b2b transaction - which has less rights/protection than a consumer one.

GlynD

sodukoman wrote: »

You can take your problem to the the Queen, the Pope, your MP or anyone really and they can say anything to be honest. The Law is what matters.

Disabled card being played...perhaps too late I suggest?

No I don't think so. I think what matters is that I've approached both manufacturer and supplier and given them each the chance to offer a repair. Knowing full well that the contract is with the supplier I would have expected them to ask me to provide a report from an engineer and then agree to recompense me for the repair. It's got to be a manufacturing fault not evident at the time of purchase so it's down to them.

Getting knocked back, as I half expected to be, caused me to generate a complaint to Consumerline with the objective of getting the retailer informed by them in advance of the engineer's arrival that they would have to foot the bill.

In the meantime I've also contacted the regimental association who purchased the machine for me, because I'm a disabled veteran. It's the biggest of the many army associations in the UK and I would expect they have an arrangement for this company to supply various products through the benevolent fund. My intent there is to embarrass the supplier who I would hope would be looking to future business through such a large publicly funded body.

My main focus however is on Consumerline. I would surmise they will make their decision before the engineer calls on Wednesday afternoon and it's likely that their decision will be that the retailer is responsible and they'll be informing this company of that before the engineer reports what the fault is.

Then it's their choice whether or not to allow the engineer to fix the machine while he's on site or to insist upon examining the report first and either commissioning an engineer of their own choice to fix it or incur the cost of second visit by my appointed engineer who is, after all, the recommended choice of Beko.

I can't see what else I can do to ensure I get fair treatment under SOGA.

GlynD

unholyangel wrote: »

So did the association enter into the contract, or did you?

We're not your enemy. To the contrary, posters here have only been trying to advise against action which may see you out of pocket.

Once the burden of proof (that the fault is inherent) has been satisfied, you are entitled to a remedy. You can request one remedy over another but the retailer can refuse if disproportionately costly. You cannot force a remedy that is disproportionately costly or impossible.

If you have it fixed without giving them a chance to remedy the breach, you'll be on thin ice when it comes to reclaiming that money.

Have you also considered what you will do if the retailer don't pay up for the engineers visit and the engineer starts chasing you for payment? Are you prepared to cover the cost yourself? If so then batter in and knock yourself out. If not....then following SoGA is your only hope.

And all this is providing that you entered into the contract with the retailer, not the association. If it was the association then that muddies the waters as they (the association) have rights but it may be classed as a b2b transaction - which has less rights/protection than a consumer one.

I've never seen anyone here as the enemy. I had a fair idea of what my rights were when I first posted but was trying to ensure I was following the correct procedure. If you look at my above post however you'll see that I have done more than is required to facilitate both the manufacturer and retailer. My suspicion at the moment is that the heating element in the machine has failed and that replacement of that component will resolve the issue. It all depends on the engineer's opinion however.

My main concern was to establish my rights with the retailer in advance to ensure I don't have to wait too long for my outlay to be refunded. I am not an unreasonable man so I will pay the engineer myself, as would be expected. In the full hope I will be doing so with the approval of the repair by Consumerline who will force the retailer into playing by the rules of SOGA.

shaun_from_Africa

GlynD wrote: »

Knowing full well that the contract is with the supplier I would have expected them to ask me to provide a report from an engineer and then agree to recompense me for the repair.

But as already mentioned by others, the contract is between the retailer and the purchaser.
As you were not the purchaser, you have no contract with the retailer, hence no SOGA rights to use against them.

GlynD

shaun_from_Africa wrote: »

But as already mentioned by others, the contract is between the retailer and the purchaser.
As you were not the purchaser, you have no contract with the retailer, hence no SOGA rights to use against them.

You are incorrect. Title to the goods is in my name, regardless of who paid the invoice. The paperwork for the item proves this.

Check the actual act itself and you will find where you've gone wrong.