De Dietrich refusing to install new hob

HarryPutter

We have a De Dietrich induction hob that stopped working over 7 weeks ago. It was only 6 months old. The UK Distributors eventually agreed to replace it with a new one, but they won't arrange to take away the old one and install the new one.
Under EU law document G2009CJ0065 16 June 2011 Weber v Wittmer (C-65/09) and others regarding defective goods already installed, the court ruled that the obligation is on the seller to remove the defective goods and install the replacement goods. This judgement was also adopted into U.K. Law.
The UK distributors, AB Distributors in Dublin, are sending us a new hob, but not fitting it, or taking away the old one. De Dietrich are a French company. We have very limited finances. What can we do?

shaun_from_Africa

Who did you buy the hob from?

Are you sure that the UK distributors are based in Dublin? as Dublin is in the Republic of Ireland and not the UK.

zoob

AB Distributers
Number 2,
Cromac Place,
The Gasworks,
Ormeau Road,
Belfast BT7 2JB

UK Address

I suspect you bought if thru a kitchen retailer and you’ll need to chase them

Your retailer is the one responsible for any fitting costs involved and not AB or KAL in Dublin unless you bought it directly from them

neilmcl

HarryPutter wrote: »

We have a De Dietrich induction hob that stopped working over 7 weeks ago. It was only 6 months old. The UK Distributors eventually agreed to replace it with a new one, but they won't arrange to take away the old one and install the new one.
Under EU law document G2009CJ0065 16 June 2011 Weber v Wittmer (C-65/09) and others regarding defective goods already installed, the court ruled that the obligation is on the seller to remove the defective goods and install the replacement goods. This judgement was also adopted into U.K. Law.
The UK distributors, AB Distributors in Dublin, are sending us a new hob, but not fitting it, or taking away the old one. De Dietrich are a French company. We have very limited finances. What can we do?

You seem to missing the important part of your quote "obligation is on the seller to remove the defective goods and install the replacement goods". Assuming you didn't buy it directly from De Dietrich then if you wanted it installing then you need to take this up with the seller.

HarryPutter

It is slightly complicated in that the hob was replaced under our household insurance policy. MoreThan insurance replaced the hob through one of their agents, Be Valued, who sourced the hob with the De Dietrich UK agents, AB Distributors in Dublin.
The replacement hob first had a problem within 24 hours of installation when 2 of the 5 rings stopped working. AB Distributors put us on to De Dietrich's warranty company, Appliances Network, part of the Pacifica Group. They sent out local engineers who ordered parts which took nearly 2 months to arrive. This was back in June.
On 10th October the whole hob stopped working. After 5 weeks we were told by Appliances Network they couldn't source parts, so we could have a new hob and it didn't have to be a De Dietrich. We chose a Neff. They then said we had to have a De Dietrich !! However, they say that installing it isn't part of the warranty.
Having taken legal advice from a solicitor, I am assured that under EU Law, Document G2009C0065 16 June 2011 Weber v Wittmer and others regarding defective goods already installed, the obligation is on the seller to remove the defective goods and install the replacement goods. This judgement has subsequently been adopted into U.K. law.
De Dietrich, a French company, are not playing ball and AB Distributors are saying it is the warranty company's responsibility.
I don't want to go through the lengthy process of the small claims court (and cannot afford the fees) nor can we afford to pay £100 to pay for the installation. It is my wife's 70th birthday on 21st of this month and we will be 11 around out table, but with no working hob! Then we have visitors for Christmas!
If anyone has any ideas they would be very welcome.

bris

No point quoting past cases as we already know. What you are not getting is that you need to talk to the people who sold it to you in the first place.


You need to understand the difference between your consumer rights and a warranty. De Dietrich has no contract with you, you have no case against them, they are just following their warranty procedure.


So as far as your information goes it looks like you need to get in touch with your insurers, they are the ones who contracted the installers.


P.s your legal advice sucked, I hope you got it free.

photome

They are not the cheapest of hobs so find it hard to believe you can’t afford £100 , you may not want to and I agree you shouldn’t have to pay it, but it may be the simplest in the long run if you need the hob in a hurry


It does look like you need to chase more than for a resolution

Why did you go through your house insurance in the first place when the hob was only 6 months old

bris

photome wrote: »

They are not the cheapest of hobs so find it hard to believe you can’t afford £100

They spent all their money on dodgy solicitors.....

zoob

Ok someone’s having a laugh, £100 to install a hob into an existing cutout its a minimum £50 overcharge
Forget about AB you’ve no legal recourse with them, so stop bringing them into it
Another thought, you didn’t buy the hob in the first place, it was given to you as a replacement to your existing broken hob, so I wonder if the CRA2015 even applies as you didn’t buy the hob

TSx

Go back to the insurer, if they won’t help, tell them you want to make a formal complaint and then you can go to the financial ombudsmen (for free)

In the meantime, if you need the hob, you’ll need to pay yourself and if the complaint is successful you can ask for this to be reimbursed.

Has anyone actually confirmed what the fault is?