Problem with new builtin oven
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You need to speak/write to AO.com and explain clearly that under the Consumer Rights Act 2015 they are only allowed a single attempt at a repair after which, if a fault persists, you are entitled a final right of rejection for a full refund within the 1st 6 months. Tell them under no circumstances are you going to deal with the manufacture going forward as the contract is with AO and therefore the buck stops with them. If they still insist you deal with the manufacturer then issue a Letter Before Action (LBA).
Also, assuming the fault was first flagged up to them within 30 days, tell them you have a right to reject it without any further delay.
Thank you neilmcl, I had a feeling I was on the right track, but couldn't remember the details. We did contact them within the first 30 days, but thats when they said the first engineer needed to come out. Each time we have called we have said we reject it, but got nowhere, we emailed them rejecting it too, and didn't get a reply (but at least proof we rejected it early on)
Rejecting it and getting a refund seems out of our reach at the moment, but we will persist and include some of the details you mention above. They have made no response to the damaged drawer fronts, even though the first engineer took photos, I am not sure how to take that forward either, we have told them already.
Maybe we just need to be more persistent, but I feel like we are going round in circles!0 -
It's true an engineer did need to come out to ascertain that there was actually a fault but in reality you were not obliged to accept the repair in the first instance and you're certainly not obliged to accept any more attempts.0
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How did you pay? (I'm hoping the answer is Credit Card, as you could raise a Section 75 claim with the CC company ... S75 makes the credit provider jointly liable with the seller for the performance of the contract, including any associated rights. If AO won't accept their legal obligations then you can place that liability also on the CC company).0
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Thank you both! Yes we paid with credit card. I had completely overlooked tat option. Can I ask if we went via the CC, would it only be the cost of the oven, or would it include the cost of the replacement drawer fronts? (We could put them on ourselves, but they are not cheap ones to buy) Thanks again for all the advice, really helps.0
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Both AO.com and your CC are equally liable for the breach of contract and any consequential losses.0
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Well the second engineer came today, he did a thorough assessment. There is a fault with the PCB which causes the cooling fan to switch off after 10 minutes, resulting in the oven overheating. He set the oven to 250, and it heated upto 290 before the thermostat kicked in, and said that was 'just within acceptable parameters' but did advise that as it does go to a much higher temperature before stopping, that he recommends we don't use it until it is repaired :eek:
We told them we reject any further repair, however he said his report will recommend a repair by replacing the PCB.
Next step is to call AO after they receive his report, and be very clear we do not accept and want a refund. If we get no joy, should we then we tell them we will go via our CC company?
Am I right thinking that then the CC company will claim that back from AO? (Its not really the CC company's fault that the oven is faulty)0 -
Next step is to call AO after they receive his report, and be very clear we do not accept and want a refund. If we get no joy, should we then we tell them we will go via our CC company?
Am I right thinking that then the CC company will claim that back from AO? (Its not really the CC company's fault that the oven is faulty)
Do both in parallel ... AO have already given the impression that they don't care about your legal rights, so get the S75 claim in now.
Whether the CC company pursue AO for any loss they've incurred isn't your concern ... it's all part of companies doing business.0 -
Your CC company are no less at fault than the seller and therefore are equally at fault and equally as liable (if that makes sense). There's no reason to wait, just make a s75 claim straight away.Well the second engineer came today, he did a thorough assessment. There is a fault with the PCB which causes the cooling fan to switch off after 10 minutes, resulting in the oven overheating. He set the oven to 250, and it heated upto 290 before the thermostat kicked in, and said that was 'just within acceptable parameters' but did advise that as it does go to a much higher temperature before stopping, that he recommends we don't use it until it is repaired :eek:
We told them we reject any further repair, however he said his report will recommend a repair by replacing the PCB.
Next step is to call AO after they receive his report, and be very clear we do not accept and want a refund. If we get no joy, should we then we tell them we will go via our CC company?
Am I right thinking that then the CC company will claim that back from AO? (Its not really the CC company's fault that the oven is faulty)0 -
We received a text from the engineers company today to say AO had authorised a repair to be carried out by them! (Despite AO saying that his visit was to confirm it was still faulty, which would possibly enable them to refund)
Called and was on phone for ages being passed from one department to another until finally we spoke to a manager, who eventually agreed to a refund, especially when we started quoting some of the excellent advice We got in this thread.
However he was very adamant that the 'alleged' damage to the cupboard/drawer fronts by the overheating oven was nothing to do with them, and we would have to go to the manufacturer for that.
Seeing as we are getting a refund for the oven from AO, would we still be able to go through the CC company for the cost of the damage, or does it have to be everything from the same place?
I know avice above said to do a claim both routes at the same time, but we are worried that might look like we are trying to get a double refund.
It is however a great relief, thanks to the advice here that we are at least getting a refund for the oven, which is a huge relief. If the fronts were cheap I think at this stage I would cut my losses and just buy them, but its almost £90 for two (they are really wide cutlery and pan drawers)0 -
Both AO.com and your CC are equally liable for the breach of contract and any consequential losses.
Just as a followup to this thread, I would like to let you know what has happened.
AO refunded but denied any responsibility for the damage to the units. They referred us back to the manufacturer as they had made the faulty oven, and AO 'only sold it to us'.
After lots of dead ends, the manufacturer has also denied responsibility of any 'consequential losses/damage' that their faulty oven had caused, and said we had to claim for the damage on our home insurance! (I can possibly understand this if a fault occured years after purchase, but the oven was faulty from day one)
We have therefore contacted our credit card company to raise a S75. However in the meantime AO have refunded and collected the old oven. Our credit card company have said that their only responsibility is to refund us, if the seller refused, and they are NOT responsible for consequential losses, and suggests going back to either the seller or the manufacturer, which is disappointing as discussions on here seemed to suggest they would be able to help with the cost of damages.
At this point I think we will cut our losses. Our home insurance has an excess, which would make the claim almost pointless, and any claim may affect the cost of next years premium.
I do very much appreciate all the advice I received though, but sadly the S75, which I thought would resolve the stubbornness of AO and the manufacturer, turned out not to be useful for 'consequential losses'
The good news is that we found an alternative model (and a different manufacturer) online at Wickes. Found it was in stock at our local store and ordered and collected it within a day, and I love it, its easy to use and only cooks my food, not my cupboard doors!:rotfl::T0
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