burden of proof re defect after 6 months

jeandez

We bought a cooker for a newly renovated kitchen in October 2020. Covid and meter problems meant we did not move into our new flat until 23/9/2021. the main oven has been used only for our weekly roast since 24/9/2021. On Christmas day the door fell off when we opened it to remove the ( thankfully cooked) food. 

When we complained, we received the following reply from our seller. 

'Under consumer law, the law you have claimed under with your appliance having no active warranty the onus is on the customer to provide a report confirming a manufacturing defect.  This is the case once the appliance has been in their possession for over 6 months.  This is a legal process not a process generated by ourselves, if you are unhappy with how consumer law works please feel free to discuss this further with a legally trained third party who will be happy to answer any questions you may have.

 Once the requested report is received we will be happy to provide a further resolution. Kind Regards' 

 Our view is that no oven is fit for purpose without a door, and that no reasonable person would regard 3 months usage as sufficient. Further, that, as the cooker is as delivered by the seller, installed by experts, and carefully used/ not damaged since, the fault must have been present at outset. 

How else can a customer  prove this. How does a report help? 

And what constitutes 'a report'? Are there any rules under the Consumer Act 2015?.( as I cannot find the relevant section, if there are.)  My husband was an senior electrical inspector signing off BS documentation for equipment manufactured in the UK for export to the European market. That said, the problem here seems to be  that a couple of screws have fallen out . its just that we are in our seventies and are not strong enough to manoeuvre the cooker to fix it.

We would be grateful for any help, ideas and  tips on how to proceed. Thanks in advance

Jean

Jenni_D

They are correct - the law (Consumer Rights Act 2015) does indeed say that more than 6 months from purchase then the burden lies with the consumer to prove that the non-conformance was caused due to issues with the design, manufacture or installation of the goods (rather than usage by the consumer). A report is garnered by engaging with a suitable "expert*" to inspect the goods and furnish a report; said report stating the nature of the non-conformance and how (in the engineer's opinion) the non-conformance occurred.

* Check with any local white goods repair companies to see if any of them would be willing to do this. The reasonable cost of the report (assuming it finds in your favour) should be reimbursed by the seller when providing a remedy, such remedy being a repair, a replacement or a (partial) refund - partial because you've had the goods more than 6 months.

maisie_cat

If screws have simply come loose and come out, and you are unable to do it yourself, getting a friend, offspring or handyman in to put the door back would be the easier option
You've had the oven for 15 months, regardless of actual usage so you would need an engineers report to confirm an inherent fault. In this case it sounds like the screws have worked loose or were not sufficiently tightened when the oven was installed by your kitchen contractor.

jeandez

Thank you, Jenni D and Maisie cat for your prompt and helpful replies. The screws are only small ... which might be part of the problem, and difficult to access. I think specialist tools may be needed so will take the advice given and contact  white goods repairers.

This sort of situation must have happened a lot during COVID wher renovations were interrupted by lockdowns..I don't suppose the retailers have the slack to act within the spirit rather than the wording of the law.

Thank you both again.


Jean

Thrugelmir

jeandez said:

I don't suppose the retailers have the slack to act within the spirit rather than the wording of the law.

They would if there weren't unscrupulous people in this world who happily have no qualms in lying. . 

Alderbank

Jeandez, what make and model is this oven?
I ask because on every oven I am familiar with the oven door is designed to lift off for cleaning by the user. There are normally small locking clips which secure or release the door and my first thought when reading your OP was that these catches had been left unlocked.
I have never seen a door held on by screws, certainly not 'little' screws. That would sound like a design defect.