Dead Appliance - Sale of Goods Act?

lemon26

Hi All,


In September 2015 we bought a Panasonic CT565 microwave from a well known retailer via Amazon for £190. However, on Sunday (5 Feb) it died and tripped the MCB for that circuit. I've tried to make it work again and it is completely dead - not even 18 months old.


I've contacted the retailer and they've said that the burden of proof is on me to prove that is was faulty. If you look at reviews of this microwave, this seems to be a common theme with them. They have said I must commission a report from an appropriately qualified person and they 'may consider' replacement. Is there anything I can do as we don't have any appliance repair people where I live?


Thanks in advance!


L

marliepanda

The retailer is entirely correct. Surely there must be somebody around in the closest big town that could do it. Anecdotes on the internet do not count.

TadleyBaggie

The report needed isn't to say it is faulty, as it is clear is; it its to prove if the fault is inherent and is not due to misuse etc.

agrinnall

And the report has to be specific to your item, not a generic issue that you've found online. Be warned that even if a report does show an inherent fault, if the retailer offers a refund they will be able to make a deduction for the use you have had from it already.

DoaM

But they must also refund the (reasonable - up to say £70) cost of the report.

naedanger

lemon26 wrote: »

Hi All,


In September 2015 we bought a Panasonic CT565 microwave from a well known retailer via Amazon for £190. However, on Sunday (5 Feb) it died and tripped the MCB for that circuit. I've tried to make it work again and it is completely dead - not even 18 months old.


I've contacted the retailer and they've said that the burden of proof is on me to prove that is was faulty. If you look at reviews of this microwave, this seems to be a common theme with them. They have said I must commission a report from an appropriately qualified person and they 'may consider' replacement. Is there anything I can do as we don't have any appliance repair people where I live?


Thanks in advance!


L

Did you originally pay for the microwave by credit card?

lemon26

Hi all,


Firstly, the nearest large town where I could get such a report done is a ferry trip and 3 hour drive away (I live on the Western Isles, so Inverness is the nearest large town).


Naedanger, yes, I bought it with a credit card, any reason why this would make things different?


Thanks again!

naedanger

lemon26 wrote: »

Naedanger, yes, I bought it with a credit card, any reason why this would make things different?

It means you can hold your credit card company liable rather than the retailer. Read the following article which explains why complaining to your credit card provider might be easier than complaining to the retailer.

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

I suggest you complain to your credit card company. Explain the problem, why you believe it is an inherent fault (e.g. online reviews reporting similar faults, the lack of durability and no misuse by you). Also explain your difficulty getting an independent report but state that you are willing to get such a report, if they require this, provided they supply details of a company that will do this for you (given your location) and they agree to refund the cost except if they find the fault was most likely caused by your failure e.g. misuse or abuse of the appliance.

The link explains that you can ultimately complain to the Financial Ombudsman Service, at no cost to you, if you are unhappy with your credit card company's proposed solution.

ThumbRemote

Unfortunate though it may be, it's not the retailers fault that you choose to live where you do. If naedanger;s advice above doesn't work, perhaps you could find someone and send the microwave to them, rather than taking it yourself.

agrinnall

lemon26 wrote: »

Hi all,


Firstly, the nearest large town where I could get such a report done is a ferry trip and 3 hour drive away (I live on the Western Isles, so Inverness is the nearest large town).


Naedanger, yes, I bought it with a credit card, any reason why this would make things different?


Thanks again!

Why do you think it wouldn't be possible to get the report done in the Western Isles? This isn't a recommendation but here's just one result from a quick google:

http://www.harltd.co.uk/

[Deleted User]

lemon26 wrote: »

the nearest large town where I could get such a report done is a ferry trip and 3 hour drive away (I live on the Western Isles, so Inverness is the nearest large town).

The Post Office (or other such courier) would be making this trip, of course. You don't have to present it personally for inspection.

Do note that the credit card company will likely demand the same report as the retailer.