Sale of goods act help pleaseeeee

bowkett

HELP!
B n q sold me a £2399 rangemaster fridge freezer in dec 2011 and it stopped working on 28th September this year. Out of warranty as the 2 years had passed. Tried to pay rangemaster for an out of warranty repair but they wouldnt have it. Went to b n q on 3rd October to ask them to help me find a repairer... Still waiting on that call.. Anyhow. Got currys to come out, fixed price repair. great! Re gassed the fridge and hey ho working brill, for a week. Then gone again :-( currys came back out and said no point, its knackered. So, back to b n q on Saturday, oh dear, sorry to hear that. No manager in today, he will call you tomorrow. Never did so we went to store. I will call you tomorrow said Sid the manager. Nope. So rang BnQ customer services. They are saying that under the sale of goods act i need to prove it was faulty, the fact that for what it cost it only lasted 3 n half years doesnt matter. I stated that it wasnt a reasonable length of time for what it cost but the call handler said it doesnt matter. Is this correct??? I do have the report from currys stating whats wrong and that its basically landfill :-( oh and 5 mins after putting yhe phone down the store rang! No help at all! Tried to fob me off saying its out of warranty n rangemaster wont fix it so tough.

marliepanda

BNQ are acting correctly according to the SOGA, if you want any more you must now get that report.

LilElvis

B&Q are correct. It is up to you to prove that the item is inherently faulty, ie that the fault was present at the time of purchase though not necessarily apparent at that time. The report from Currys will only be of use if it clearly states that the breakdown is as a result of an inherent fault. You might need to commission a report yourself, though B&Q will have to refund the cost of this if it finds in your favour. Also, so that you are aware, even if B&Q are liable to provide a remedy they get to choose which is most economic for them. A repair sounds impossible and after nearly 4 years they are unlikely to replace, so that would leave a refund as the more likely remedy, but they would be entitled to reduce the amount of this to take account of the use that you have had.

wealdroam

bowkett wrote: »

HELP!
B n q sold me a £2399 rangemaster fridge freezer in dec 2011 and it stopped working on 28th September this year. Out of warranty as the 2 years had passed. Tried to pay rangemaster for an out of warranty repair but they wouldnt have it. Went to b n q on 3rd October to ask them to help me find a repairer... Still waiting on that call.. Anyhow. Got currys to come out, fixed price repair. great! Re gassed the fridge and hey ho working brill, for a week. Then gone again :-( currys came back out and said no point, its knackered. So, back to b n q on Saturday, oh dear, sorry to hear that. No manager in today, he will call you tomorrow. Never did so we went to store. I will call you tomorrow said Sid the manager. Nope. So rang BnQ customer services. They are saying that under the sale of goods act i need to prove it was faulty, the fact that for what it cost it only lasted 3 n half years doesnt matter. I stated that it wasnt a reasonable length of time for what it cost but the call handler said it doesnt matter. Is this correct??? I do have the report from currys stating whats wrong and that its basically landfill :-( oh and 5 mins after putting yhe phone down the store rang! No help at all! Tried to fob me off saying its out of warranty n rangemaster wont fix it so tough.

Is this a continuation of your earlier saga?forums.moneysavingexpert.com/showthread.php?p=69267764

Why do we need a new thread?

wealdroam

Did you follow up tomtontom's suggestion:

tomtontom wrote: »

I'd be inclined to get a recommendation for a local independent and ask their opinion. I don't know why a Rangemaster would be any different from any other FF, but there's no harm in making a few calls to see what they say.

Takeaway_Addict

If the currys report states what the issue is then I would be emailing a copy of that across to B&Q.

Be aware that they can provide a partial refund if they so wish due to the use you have already had from the fridge.

bowkett

Currys were the only repairer willing to come out and try, and it failed again after a short period. Currys said there paperwork would be sufficient for bnq. I dont expect a full refund, a repair isnt feasable, i dont want a replacement so that leaves a partial refund. I started a new thread as my original was about trying to get my appliance repaired and the issues I was having with rangmaster and the repair company. Now I have confirmation my appliance is fit for nothing but landfill my issue lies with bnq. An appliance that cost so much should last longer. The fault it has isnt one you would expect an appliance of this age to develop. Bnq are about as helpful as a chocolate fire guard and when they told me it isnt their issue and tried to fob me off back to rangemaster I nearly blew a gasket. If I am reading the act right it is not rangemasters problem at all. Its bnq's. I did go to bnq for help on the 3rd. I only wanted them to help me find a repairer. I didnt expect anything more. I was happy to pay. I wouldn't have gone down the sale of goods act route if they had helped me then.

bowkett

wealdroam wrote: »

Did you follow up tomtontom's suggestion:

Currys were the only repair company that would come out. They have been great to be fair as they knew it was a long shot re gassing and had to send a specialist engineer out

bowkett

LilElvis wrote: »

B&Q are correct. It is up to you to prove that the item is inherently faulty, ie that the fault was present at the time of purchase though not necessarily apparent at that time. The report from Currys will only be of use if it clearly states that the breakdown is as a result of an inherent fault. You might need to commission a report yourself, though B&Q will have to refund the cost of this if it finds in your favour. Also, so that you are aware, even if B&Q are liable to provide a remedy they get to choose which is most economic for them. A repair sounds impossible and after nearly 4 years they are unlikely to replace, so that would leave a refund as the more likely remedy, but they would be entitled to reduce the amount of this to take account of the use that you have had.

I dont mind the report provinding bit at all, quite happy to do so. It was more worrying that bnq were adamant the matter is not their concern one bit. The manager I spoke to said he had been on to the legal department and they had advised him they don't have anything to do with it, I need to go to the manufacturer!

wealdroam

bowkett wrote: »

The manager I spoke to said he had been on to the legal department and they had advised him they don't have anything to do with it, I need to go to the manufacturer!

Did you read MSE's Consumer Rights guide that I pointed you towards a month ago?

In particular, this bit:

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 it.

Who provided the loan for the initial purchase?
Have you considered a Section 75 claim with the credit supplier?
Have a read of MSE's Section 75 article for more detail.

bowkett

Yes, read that over and over but sometimes I get text blind and need someone else to tell me I read it correctly. I have been looking into the sec75 as my back up plan. Couldnt go any longer without an appliance though. Bought a new one today.
Thanks for the reassurance guys.