Sale of Goods Act, Tesco, Reasonable?

michaels

Is it reasonable for a 260 quid dishwasher to fail after 22 months used every couple of days?

Tesco claim sale of goods act is nothing to do with them and there is a one year manufacturers warranty and then hard luck.

Has anyone found a good route to make Tesco direct meet their obligations under the act?

hollydays

What's actually wrong with it?

daytona0

michaels wrote: »

Is it reasonable for a 260 quid dishwasher to fail after 22 months used every couple of days?

No proof whatsoever that it was used this number of times, as apposed to 1000s of times.... Not to call you a liar, of course, but your comments here are unfortunately pretty much irrelevant.

Tesco claim sale of goods act is nothing to do with them and there is a one year manufacturers warranty and then hard luck.

Has anyone found a good route to make Tesco direct meet their obligations under the act?

Well, first of all you'd need to clarify:

1. Where did you buy the product? ie online or in-store

2. Whether you are contacting Tesco Direct or a Tesco store.

On the face of it you have a basis to make a SOGA claim, but you surely also know that YOU have to prove that the item is inherently faulty which caused the problem.... So maybe you can get this report and present it to Tesco, querying SOGA. If this is then declined then you can send a letter before action and finally small claims court. Should be a piece of cake if you have that fault report.

michaels

That's funny - tesco direct call centre told me that sale of goods act was nothing to do with them and that as it was over 12 months old hard luck. They didn't mention getting a report and they would then consider their liability or anything like that.

bris

michaels wrote: »

That's funny - tesco direct call centre told me that sale of goods act was nothing to do with them and that as it was over 12 months old hard luck. They didn't mention getting a report and they would then consider their liability or anything like that.

They don't need to, the onus is on you to make them liable.

neilmcl

michaels wrote: »

That's funny - tesco direct call centre told me that sale of goods act was nothing to do with them and that as it was over 12 months old hard luck. They didn't mention getting a report and they would then consider their liability or anything like that.

Really, is that what they "told" you, somehow I doubt it or you've misunderstood.

As posted the onus is on you to prove the machine is inherently faulty and not because of excessive wear & tear or misuse. Once you can do this you can then go back to Tesco to seek a remedy.

wealdroam

Perhaps Tesco have somehow already read your signature:

...I am easily ripped off and a bit inadequate...

naedanger

michaels wrote: »

Is it reasonable for a 260 quid dishwasher to fail after 22 months used every couple of days?

Tesco claim sale of goods act is nothing to do with them and there is a one year manufacturers warranty and then hard luck.

Has anyone found a good route to make Tesco direct meet their obligations under the act?

It may be worth reading the following (quite dated) article for background information:

http://www.theguardian.com/money/2009/jun/05/consumer-rights-returned-goods

Edit:

Removed a link that was not relevant to the op's circumstance.

michaels

neilmcl wrote: »

Really, is that what they "told" you, somehow I doubt it or you've misunderstood.

As posted the onus is on you to prove the machine is inherently faulty and not because of excessive wear & tear or misuse. Once you can do this you can then go back to Tesco to seek a remedy.

I mentioned the sale of goods act. They very clearly stated that they gave a 12 month warranty and beyond that my only option was to contact the manufacturer. It would appear that this is factually incorrect unless anyone considers it reasonable that a 260 quid dishwasher does not last more than 12 months. Or am I misunderstanding the legislation still? Would you like me to ask them for the recording of the call or perhaps you could consider that I might be telling the truth rather than dismissing my account without any proof?

michaels

naedanger wrote: »

It may be worth reading the following (quite dated) article for background information:

http://www.theguardian.com/money/2009/jun/05/consumer-rights-returned-goods

Edit:

Removed a link that was not relevant to the op's circumstance.

Thanks, I had found links re the TV incident mentioned in that article. Perhaps for soem of the posters on this thread I should quote from it:

It is a criminal offence for them to tell you that, because the goods are out of warranty, you have no rights," he says.

See, despite being inadequete I can read.

Mav6215

Last year we had a washing machine fail after 3 years (albeit from Argos, but the principal was the same). It was used maybe twice a week and shouldn't have failed so early.

We got an independent engineer to check it out and he confirmed the bearings hadn't been installed properly.

We sent the report to Argos stating our rights under the SoG Act and a few weeks later a new machine of equivalent spec was delivered and the old one taken away plus the cost of the report was refunded.

So, most important is to get the independent report if you feel the dishwasher should have lasted longer.