£900 paid for stove for van has broken after a few weeks. Seller telling me to claim insurance

GervisLooper

Okell said:

Why go down the warranty route?

If you bought it within the last 6 months and you want to argue that it "broke" because either (a) it's not of staisfactory quality and/or (b) because of  a fault present at purchase, then the onus is on the trader to establish that you are wrong and that it was ok.

See s19(14) and (15)(a) of the Consumer Rights Act 2015 (legislation.gov.uk).

Not relevant here but their returns policy doesn't seem to comply with the regulations in so far as it's likely to mislead a consumer as to their right to cancel a contract and get a refund

Why do you say it isn't relevant? Sounds pretty relevant reading what you put there. Or you mean not relevant as it can be ignored because using Consumer Rights Act?

Alderbank said:

Your problem is you are mixing the 'Warranty' up with your statutory rights.
You seem to be trying to apply the T&Cs of the CRA to their warranty. That's not how it works.

The main reason I paid so much was due to said warranty...

The said warranty is absolute pants.
It is a parts-only warranty, you pay for all the labour for any claim, which must be carried out only by the manufacturer.
You pay for disconnection, packing and returning to their premises, as well as the return carriage back to you. If they decide, at their discretion, that the fault is not caused by manufacturing defects then additionally you pay them a  minimum of £50 (+vat) for the privilege of telling you that.

The 'warranty' offers you less than your statutory rights. However you would be barred from making a claim anyway since the many exclusions include:

Warranty does not apply if your product has been used for...permanent or temporary accommodation...

Forget the rubbish warranty, however much you paid for it, and make it clear that you are claiming your statutory rights under consumer law.

Thanks. Yes on re reading their clauses it did seem unreasonably weighted in their favor. If I clicked I agree to them though to claim the warranty when I purchased, thinking it was a very important step before being aware how rubbish the terms were, does that make me bound by them or not? Or if they are considered unreasonable does government legislation take precedence? Even so that is null at this point isn't it as I can rather just say that I am using statutory rights instead?

GervisLooper

elsien said:

Although there’s a cop out if ever I’ve heard one. Qualified professional in what?

Indeed.

Does the 'must be installed by a professional' have any legal weight? A website can write anything on their site but doesn't necessarily make it legally binding. If I write must be installed by 2 middle aged leprechauns would that give me immunity if I sold something to someone and they didn't do follow it to the letter?

Also there is no regulatory body of van builders so I am not sure how they would prove professional or not especially since they do not say what type.

It reminds me of professional hypnotists with loads of "degrees" on their walls.

prowla

I'm a professional...

...just not a van or cooker installation one.

LightFlare

Keep_pedalling said:

elsien said:

Although there’s a cop out if ever I’ve heard one. Qualified professional in what?

Someone qualified to install something that could kill you with CO poisoning if not done correctly. A heating engineer comes to mind.

Maybe someone along these lines.

Easy enough to contact the company and enquire as to whom they consider a suitable person.

I Assume the OP fitted it themselves and has no relevant qualifications.

Claiming a fault might be tricky if you can’t evidence that it was installed correctly 

user1977

LightFlare said:

Keep_pedalling said:

elsien said:

Although there’s a cop out if ever I’ve heard one. Qualified professional in what?

Someone qualified to install something that could kill you with CO poisoning if not done correctly. A heating engineer comes to mind.

Maybe someone along these lines.

Easy enough to contact the company and enquire as to whom they consider a suitable person.

I Assume the OP fitted it themselves and has no relevant qualifications.

Claiming a fault might be tricky if you can’t evidence that it was installed correctly 

It's irrelevant if the OP is claiming their statutory rights anyway (rather than the warranty). Either it had an inherent fault or it didn't, who fitted it doesn't really make a difference (yes, an amateur might be more likely to e.g. damage it while fitting, but a professional could do that too...).

born_again

GervisLooper said:

elsien said:

Although there’s a cop out if ever I’ve heard one. Qualified professional in what?

Indeed.

Does the 'must be installed by a professional' have any legal weight? A website can write anything on their site but doesn't necessarily make it legally binding. If I write must be installed by 2 middle aged leprechauns would that give me immunity if I sold something to someone and they didn't do follow it to the letter?

Also there is no regulatory body of van builders so I am not sure how they would prove professional or not especially since they do not say what type.

It reminds me of professional hypnotists with loads of "degrees" on their walls.

You would have to take that as a company that does this for as their business.

So just who did fit the cooker?

Keep_pedalling

born_again said:

GervisLooper said:

elsien said:

Although there’s a cop out if ever I’ve heard one. Qualified professional in what?

Indeed.

Does the 'must be installed by a professional' have any legal weight? A website can write anything on their site but doesn't necessarily make it legally binding. If I write must be installed by 2 middle aged leprechauns would that give me immunity if I sold something to someone and they didn't do follow it to the letter?

Also there is no regulatory body of van builders so I am not sure how they would prove professional or not especially since they do not say what type.

It reminds me of professional hypnotists with loads of "degrees" on their walls.

You would have to take that as a company that does this for as their business.

So just who did fit the cooker?

I am pretty sure the OP did. The hob has not just stoped working it has broken as a result of the van impacting potholes, and I think it is highly likely that this  may be down to the quality of the installation of the hob or the unit it was installed.

GervisLooper

user1977 said:

LightFlare said:

Keep_pedalling said:

elsien said:

Although there’s a cop out if ever I’ve heard one. Qualified professional in what?

Someone qualified to install something that could kill you with CO poisoning if not done correctly. A heating engineer comes to mind.

Maybe someone along these lines.

Easy enough to contact the company and enquire as to whom they consider a suitable person.

I Assume the OP fitted it themselves and has no relevant qualifications.

Claiming a fault might be tricky if you can’t evidence that it was installed correctly 

It's irrelevant if the OP is claiming their statutory rights anyway (rather than the warranty). Either it had an inherent fault or it didn't, who fitted it doesn't really make a difference (yes, an amateur might be more likely to e.g. damage it while fitting, but a professional could do that too...).

If aiming for a full refund how would be the best way to do that because under statutory rights it seems you have to accept an attempt at repair before asking for a refund? The item failed already after a couple of weeks so I would still be stuck with a rubbish item. A repair of a rubbish product is still a rubbish product. I noticed that the chargeback 'item not as described' reason for visa debits does not stipulate that seller must try to repair. So can I ask for refund via statutory rights and if refuse then claim on chargeback having shown I tried unsuccessfully to resolve the issue with the sellerfirst?

Also see this thread of someone having had the same issue what seems like installed by professionals as they mention commissioning the install. Also this video done by professionals also having issues of a different sort but generally surmising the same poor design quality. So two separate cases from professional installs of different sources claiming issues.

Looking at the user MikeS who pops into that thread I linked they look like a shill with their brokenenglish stating their hob 'never go crack'.

born_again

I noticed that the chargeback 'item not as described' reason for visa debits does not stipulate that seller must try to repair. 

Chargebacks are card regulation's, & have nothing to do with consumer rights.

How is the product "Not as described"?

As becoming faulty does not fall under that chargeback..

Not as described, is you ordered one thing & received something else.

RefluentBeans

GervisLooper said:

user1977 said:

LightFlare said:

Keep_pedalling said:

elsien said:

Although there’s a cop out if ever I’ve heard one. Qualified professional in what?

Someone qualified to install something that could kill you with CO poisoning if not done correctly. A heating engineer comes to mind.

Maybe someone along these lines.

Easy enough to contact the company and enquire as to whom they consider a suitable person.

I Assume the OP fitted it themselves and has no relevant qualifications.

Claiming a fault might be tricky if you can’t evidence that it was installed correctly 

It's irrelevant if the OP is claiming their statutory rights anyway (rather than the warranty). Either it had an inherent fault or it didn't, who fitted it doesn't really make a difference (yes, an amateur might be more likely to e.g. damage it while fitting, but a professional could do that too...).

If aiming for a full refund how would be the best way to do that because under statutory rights it seems you have to accept an attempt at repair before asking for a refund? The item failed already after a couple of weeks so I would still be stuck with a rubbish item. A repair of a rubbish product is still a rubbish product. I noticed that the chargeback 'item not as described' reason for visa debits does not stipulate that seller must try to repair. So can I ask for refund via statutory rights and if refuse then claim on chargeback having shown I tried unsuccessfully to resolve the issue with the sellerfirst?

Also see this thread of someone having had the same issue what seems like installed by professionals as they mention commissioning the install. Also this video done by professionals also having issues of a different sort but generally surmising the same poor design quality. So two separate cases from professional installs of different sources claiming issues.

Looking at the user MikeS who pops into that thread I linked they look like a shill with their brokenenglish stating their hob 'never go crack'.

Yes if after 1 month of delivery, you have to give them an option to repair or replace before you can force a refund. There is no getting around that really. 

The installation by a professional line may invalidate warranties but you should be claiming under the consumer rights act - so as long as you didn’t damage the item by installing it, you should be fine. 

As said above - chargebacks are normally successful for scams and failed delivery/false advertising. They do not deal with the nuance of faults. You may be wanting to do a S75 claim - if you paid on credit, but this is a wholly different process to chargebacks. I also feel a S75 claim would be unsuccessful if you failed to follow the consumer rights act (and let them repair or replace the product).