consumer issues!

ds1980

Not going to go into specific details just yet but here's my story so far. Item is out of warranty but it seems like it has severe design flaws and there are lots of examples that show the same problems over a prolonged period of time.

Have managed to get company to come and check but they are reserving the right to charge if a fault is not found. Basically im expecting this but not quite sure how theyre going to chase me for the money but thats a different matter......

Consumer law is that dependent on who bought the item will depend on which law is pertinent. If I buy it then its sales and goods act. if the person who fitted the said item bought it then it goods and service act and needs to be taken up with them!?!?!? they in turn should take it up with supplier who again has nothing really to do with it who will then take it up with the company at fault. Seem ridiculous to me.

As with most of these large companies you cant neccasarily buy direct from them as a consumer so doesnt this mean that it is the suppliers taht get all the hassle which seems v unfair.

They company are sending their representative this week but i cant see how theyre going to be unbiased and then the burden of proof is put back onto the consumer who will have to get independent proof at their cost. Although i asusme this is retrievable through any court dispute even though there are numerous examples of problems the manufacturer seems to be allowed to get away with it. not going to go down without a fight so watch this space!

wealdroam

ds1980 wrote: »

Not going to go into specific details just yet but here's my story so far. Item is out of warranty but it seems like it has severe design flaws and there are lots of examples that show the same problems over a prolonged period of time.

Have managed to get company to come and check but they are reserving the right to charge if a fault is not found. Basically im expecting this but not quite sure how theyre going to chase me for the money but thats a different matter......

Consumer law is that dependent on who bought the item will depend on which law is pertinent. If I buy it then its sales and goods act. if the person who fitted the said item bought it then it goods and service act and needs to be taken up with them!?!?!? they in turn should take it up with supplier who again has nothing really to do with it who will then take it up with the company at fault. Seem ridiculous to me.

As with most of these large companies you cant neccasarily buy direct from them as a consumer so doesnt this mean that it is the suppliers taht get all the hassle which seems v unfair.

They company are sending their representative this week but i cant see how theyre going to be unbiased and then the burden of proof is put back onto the consumer who will have to get independent proof at their cost. Although i asusme this is retrievable through any court dispute even though there are numerous examples of problems the manufacturer seems to be allowed to get away with it. not going to go down without a fight so watch this space!

Well you seem to have got the idea that it is whoever sold the thing to you that is responsible to you for it's quality.

You haven't made it very clear just who has been to inspect the thing so far.
Who is the company where you say "Have managed to get company to come and check but they are reserving the right to charge if a fault is not found."?
The retailer, installer, installer's supplier, manufacturer?

Which company "are sending their representative this week"?

You seem to be saying that the manufacturer might get away without any responsibility.
Surely you can see that if the retailer accepts a fault exists and provides a remedy that he will look to his supplier for recompense.
It is of course possible that he cannot do that because of the contract he has with his supplier, but that is his problem, not yours. For example he may have done a deal where he accepts the risk (and any cost) of problems in exchange for a good price.

It should be clear that the only workable solution is to chase problems through the chain.

All that assumes you are ignoring any manufacturer's warranty.

I hope I haven't introduced too many vagaries, but if you cannot supply any specifics then it is difficult to be clearer.

bris

This should be on the vents board tbh as there is no question here.

ds1980

Sorry having to be vague at present as I can see it going further tbh

Manufacturer are sending rep this week. Problems are design flaws of product which is causing the issues. Inappropriate materials and ineffective methods for prolonging life of some components. What I don't understand is why it's a manufacturers problem when item is in guarantee then not afterwards? Doesn't make sense to me. Can't really make sense of supplier being responsible for goods they have no control over. Granted if the manufacturer isn't very good they might not stick around too long but it seems backwards to me. Problem is with these things it can only be time that shows the problems that are now present but nothing seems to be done about it. People just seem to accept that repairs need to be done which is fine but my argument is that elements of the product are unsuitable for purpose and that they should remedy this. Maybe I'm jumping the gun but I can't imagine their own rep is going to accept any blame so ill be back to square one.

This is not a problem just with me but many other exact same models and there is a lot of evidence that the same problems occur over and over. My argument is that if this is the case then even if out of warranty when my problems have started to become present who do I take it up with and how do I prove that items are unsuitable for purpose without having to spend fortunes on an independent reviews with no guarantee of success. People that fix the problems don't want to say they're not suitable otherwise they lose business so it basically leaves the consumer out of pocket and the manufacturer carries on. spares are only available from the manufacturer at extortionate prices. It's not like with a car I can choose which manufacturer I want a part from.

Pleas remove if this is in the wrong place but I'm hoping to be in a better position to explain after Friday.

wealdroam

ds1980 wrote: »

What I don't understand is why it's a manufacturers problem when item is in guarantee then not afterwards?

Well that is simply because a manufacturer's guarantee is in addition to you statutory rights.
In other words, a manufacturer doesn't even have to provide a guarantee, but if they do they can stipulate various conditions... one being a time limit.

ds1980 wrote: »

...I'm hoping to be in a better position to explain after Friday.

Then let's leave it until Friday.

In the meantime, if you want to understand more on Consumer Rights, it might be worth you reading MSE's article on the subject.
Here is just one quote from it:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with them.

ds1980

Ta. Whose responsible for a situation whereby an engineer supplies and fits. Engineer or his supplier of goods? Can't imagine the engineer is going to want to chase this up if their responsibility. They've fitted in good faith, i chose the product and they buy on my behalf, I don't have an issue with them but they get the grief? Madness.

wealdroam

ds1980 wrote: »

Ta. Whose responsible for a situation whereby an engineer supplies and fits. Engineer or his supplier of goods?

We have already been through that.
It's whoever you bought the thing from.

ds1980 wrote: »

Can't imagine the engineer is going to want to chase this up if their responsibility.

Why not?
He has supplied and installed faulty goods.

ds1980 wrote: »

They've fitted in good faith, i chose the product and they buy on my behalf, I don't have an issue with them but they get the grief?

Did you buy it from the engineer or did you buy it from the engineer's supplier?
You need to be clear on this, because you need to look to whoever supplied the thing to you.

ds1980 wrote: »

Madness.

If in every post you are going to talk about "madness", "ridiculous", etc. then you are in the wrong place.

If you want to change the law, start by speaking to your MP.

ds1980

I've already done that today. Have a meeting next week with him.

Isn't that what I just asked? Im not sure who i 'bought' it off....I suppose it's the engineer? However it's not his fault the goods are faulty, he didnt knowingly fit unfit goods, he didnt choose to fit it, so why should it be his problem? Is it just me that thinks that's just plain daft???

Ps you don't need to answer the last question ;-)

frugal_mike

It's not daft, you have no contract with the manufacturer so they owe you nothing.

Who did you pay for the goods? Did the installer give you an invoice that listed the goods (and charge you for them), or did the installer just bill you for labour?

ds1980

So I could make something that's completely useless and as long as I can get someone to sell it then there's no comeback for me? I don't think the manufacturer has deliberately made faulty goods but time has shown that a lot of the components and parts aren't fit for purpose but there's no comeback for them?

Can't quite remember that one.....need to start digging out my paperwork. I think i paid him a fee to supply and fit. he in turn bought the boiler from his supplier on my behalf. It seems as though there's little point the manufacturer coming out on Friday if I don't have any comeback to them and I will put them on hold. Ill speak to the engineer if possible. The story continues...

Scrootum

ds1980 wrote: »

So I could make something that's completely useless and as long as I can get someone to sell it then there's no comeback for me? I don't think the manufacturer has deliberately made faulty goods but time has shown that a lot of the components and parts aren't fit for purpose but there's no comeback for them?

Can't quite remember that one.....need to start digging out my paperwork. I think i paid him a fee to supply and fit. he in turn bought the boiler from his supplier on my behalf. It seems as though there's little point the manufacturer coming out on Friday if I don't have any comeback to them and I will put them on hold. Ill speak to the engineer if possible. The story continues...

The person you sold it to (who them sold it on) would have a comeback on you.

It really is not that complicated.

Your complaint is with whoever you bought the item from.

He did not buy the boiler on your behalf, he bought it and sold it to you.