Heat pump fit for purpose

Paul46

I have a heat pump installed as part of an underfloor heating system. It had a 5 year warranty which expired in October 2015. In December 2015 the compressor broke down. This is an expensive item - £4000. I maintain that a major component like this should last longer than this and is therefore not fit for purpose. The compressor on my freezer, for example, has been running without problem for 15 years. Do I have a case?

TadleyBaggie

You have rights under SOGA for up to 6 years but would have to prove the fault was inherent at time of manufacture. If you could do this, the best you would likely get would be a partial refund, since the item has been used for over 5 years, you'd be lucky to get 5-10%.

naedanger

Paul46 wrote: »

I have a heat pump installed as part of an underfloor heating system. It had a 5 year warranty which expired in October 2015. In December 2015 the compressor broke down. This is an expensive item - £4000. I maintain that a major component like this should last longer than this and is therefore not fit for purpose. The compressor on my freezer, for example, has been running without problem for 15 years. Do I have a case?

If you bought the item as a business then very probably not.

If you bought the item as an individual consumer then you may have a case, but only a judge can decide for certain. (Personally I agree 5 years does not sound sufficiently durable for such an expensive item. If components as expensive as that only last 5 years then I suspect the whole system would be uneconomic).

However you have some problems:

1) The onus will be on you to prove the item was not of satisfactory quality when it was sold (e.g. not sufficiently durable given what you would expect of such an item) and the fault has not arisen e.g. from misuse, not complying with installation, maintenance etc. Getting an independent report (from an engineer) is likely to me a necessary requirement to have a reasonable chance of winning.

2) Then if you prove the item was not of satisfactory quality then the retailer can still reduce any refund for the usage you have already had. The way of doing this does not seem to be set out, and, according to what I have read online, different judges take different approaches. Some apparently will not permit an assumed lifetime of longer than six years (since that is the maximum time you can raise a complaint). Personally I think this is flawed reasoning, but if a judge did take such an approach you would only get around 10/72 (c.£500) of the amount back at most. However another judge might allow a much longer expected lifetime in which case the refund would be much higher.


Lastly if you live in Scotland it will be too late to raise a claim, as the limit is 5 years for bringing such a case in Scotland.

shaun_from_Africa

Is the company that you purchased the pump from still in business as they are ones that you would have to pursue any possible claim with.

neilmcl

TadleyBaggie wrote: »

You have rights under SOGA for up to 6 years but would have to prove the fault was inherent at time of manufacture. If you could do this, the best you would likely get would be a partial refund, since the item has been used for over 5 years, you'd be lucky to get 5-10%.

Or a repair!

OP, have you had someone round to diagnose what the fault is, you never know it might be a cheap(ish) fix.

shaun_from_Africa

naedanger wrote: »

Lastly if you live in Scotland it will be too late to raise a claim, as the limit is 5 years for bringing such a case in Scotland.

In Scotland you have 5 years from the date of discovery of a fault and not 5 years from purchase to attempt a claim so they won't be too late if they live there.

naedanger

shaun_from_Africa wrote: »

In Scotland you have 5 years from the date of discovery of a fault and not 5 years from purchase to attempt a claim so they won't be too late if they live there.

Oh, that's good (so long as it is not someone claiming against me).

agrinnall

shaun_from_Africa wrote: »

Is the company that you purchased the pump from still in business as they are ones that you would have to pursue any possible claim with.

Or of course credit card company if one was used.