Sale of Goods Act, Tesco, Reasonable?

naedanger

michaels wrote: »

Thanks, I had found links re the TV incident mentioned in that article.

I don't suppose you bought the dishwasher using a credit card?

If you did then you can hold the credit card company liable. And more importantly if they don't help you can complain through the credit card company's own complaint procedure, and then if necessary to the independent Financial Ombudsman Service. The fact you would have the ability to complain to FOS is likely to mean the credit card company will handle your case reasonably (once you get to the right department).

If you didn't buy on a credit card I would suggest you complain in writing to Tesco's head office, making clear your dis-satisfaction with their response so far. However if they still don't help your only recourse may be to take legal action.

daytona0

michaels wrote: »

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?

Nobody is calling you a liar or dismissing your account without any proof! Just telling you the practical way of getting this resolved;

1. Get fault report and present to Tesco (if fault is inherent they will be obliged to help, otherwise you'll need to go the warranty way or repair it yourself - which is fair)

2. Approach your CC or DC company

3. Consider taking them to small claims if nothing comes of all that.

P.S. by all means get a copy of the recorded call, but it will cost you up to about £10 maybe?

hollydays

hollydays wrote: »

What's actually wrong with it?

What is the fault?

MacMickster

While Indesit are a budget brand with a pretty appalling record for reliability and longevity of their products, less than 2 years before an appliance needs to be replaced is poor even by their standards.

As others have already stated however, the onus is on you to get reports to prove that the failure is down to the manufacturing of the product rather than misuse, poor installation or lack of maintenance (eg cleaning filters regularly).

Once you have a report showing it to be an inherent defect in the appliance then you have a claim against Tesco.

neilmcl

michaels wrote: »

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?

That's completely different to them telling you "that sale of goods act was nothing to do with them and that as it was over 12 months old hard luck."

The advice above remains the same, get proof of an inherent manufacturing fault and go back to Tesco to seek a remedy.

Sterlingtimes

Correct legislation is the Consumer Rights Act 2015 for consumer transactions.

marliepanda

Sterlingtimes wrote: »

Correct legislation is the Consumer Rights Act 2015 for consumer transactions.

Incorrect.

If bought after October 2015, the CCA apply.

It's 22 months old. So you're wrong.

neilmcl

Sterlingtimes wrote: »

Correct legislation is the Consumer Rights Act 2015 for consumer transactions.

Read the thread again, the purchase was made nearly 2 years ago, SOGA applies.

George_Michael

naedanger wrote: »

I don't suppose you bought the dishwasher using a credit card?

If you did then you can hold the credit card company liable.

But as with the retailer, the credit card company will only be liable if proof of an inherent fault can be provided.

naedanger

George_Michael wrote: »

But as with the retailer, the credit card company will only be liable if proof of an inherent fault can be provided.

Yes agreed - the customer will still need to prove on the balance of probability that the dishwasher was inherently faulty if the credit card company disputes that there was an inherent fault. However if the credit card company is unhelpful or obstructive or tries to mislead the customer into believing they are not responsible, or declines the claim unreasonably, then the customer can ultimately complain at no cost to the Financial Ombudsman Service.

Furthermore FOS can award compensation in circumstances where a court would not e.g. if the company provides poor complaint handling service.

Also if FOS find against the customer they can still, if they wish, take legal action. Therefore, where the option of going to FOS is available (i.e. in the case of certain credit transactions), there seems to be very little downside risk in making a complaint via the credit company's formal complaint process. It is quite possible the credit card company will ask for an independent report but I would expect the credit card company to explain exactly what they require and how the customer can arrange to get such a report.

Whereas a retailer could deny liability even if the customer gets an independent report saying the fault was most likely inherent. If the customer did not buy then dishwasher with a credit card and the company denied liability (regardless of evidence) then the customer would probably need to take legal action, which involves some time, cost and risk (of not wining and losing court fees).