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IF · 2 October 2012, 14:22

Re: diddlys mums washing machine...

Go get 'em Diddly

**SA Gold** · 2 October 2012, 14:35

Re: diddlys mums washing machine...

Good luck - keep us posted!

**Never-In-Doubt** · 2 October 2012, 14:52

Re: diddlys mums washing machine...

Mr M G Scothern, Electrical Discount UK, 81 Northgate, BLACKBURN, Lancashire BB2 1AA

**diddlydee** · 2 October 2012, 16:12

Re: diddlys mums washing machine...

Thanks Nids.

Have telephoned them and spoke to a guy named "Jordan". He quoted warranty "blah blah blah", so got info for customer service manager, namely Mark Walder.

Will email and update here.

**diddlydee** · 2 October 2012, 16:42

Re: diddlys mums washing machine...

Update: 02.10.12 - email sent

-------------------------------------------------------------------------------------

FAO: Mr Mark Walder, Customer Service Manager
FAO: Mr Michael Scothern, Company Director

I write further to my daughters telephone conversation with Jordan, regarding the breakdown of the above detailed washing machine.

This machine was purchased on the 21st October 2010, less than two years ago, and has now developed a fault which deems the appliance unusable.
Your colleague, Jordan, quoted that the warranty for replacement parts and labour was for one year from purchase, and thereafter that parts only would
be replaced free of charge; labour was chargeable under the warranty. The warranty company have quoted £104 for a call out.

I would refer you to the Sale of Goods Act which specifically states that even after any warranty period (remember the Sale of Goods Act overrides any warranty - fact; it is the LAW) goods should be fit for their purpose for an anticipated period of time.
Furthermore, an EU Directive (article 5) which also overrides any locally offered warranty, states that all products purchased within the EU are covered for a period of 24 months.

Anybody would expect that a washing machine, of well respected manufacture and with less than average usage should still be operational after a period of less than two years; certainly this is what the Sale of Goods Act states.

My contract for this supply is with yourselves; it is you who invoiced me for the goods; not the manufacturer, but Electrical Discount UK.

Therefore, my rights as a consumer, by law, are that you offer me a repair, replacement or partial refund for the item purchased, and do not fob me off with a referral back to the manufacturer or a paid repair.

The warranty company have confirmed that they will be able to visit my premises on Monday, 8th October, to carry out the repair, but only under their "paid labour" conditions.

I therefore anticipate your reply, no later than 48 hours from receipt, to confirm that you will cover any labour costs in repairing this machine. Alternatively, you will offer a replacement machine at no charge.

**diddlydee** · 4 October 2012, 15:46

Re: diddlys mums washing machine...

Update: 04/10/12 - email received

--------------------------------------------------------------------------------------------------

Good Afternoon,

Please accept our sincerest apologies for the problems that you have had regarding your washing machine.

As you are outside the manufacturers guarantee, this issue would fall under the sales of goods act 1979, you in fact have 6 years from date of sale for 'a reasonable amount of compensation/damages, this doesn't mean your product has to last the length of time, its the limit for making a claim in respect of a fault that was present at the time of sale. As such we do not believe that this product had a latent or inherent fault and would not be able to further your claim without evidence to prove such.

The burden of proof, that the product had a latent or inherent fault, lays with the consumer (After the first 6months). With this in mind we would be unable to reimburse any costs relating to an engineers visit.

Many Thanks,

Electrical Discount UK
Customer Service

-------------------------------------------------------------------------------------------------------------------------------------

I fancy firing off a reply tonight. Any suggestions welcomed. How about the EU directive here http://ec.europa.eu/publications/boo...move/64/en.pdf (see section for guarantees) as this purchase was under two years ago.

**diddlydee** · 4 October 2012, 16:14

Re: diddlys mums washing machine...

Impatient me, as ever, reply sent...

Update 04/10/12 - email sent

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FAO: Mr Mark Walder, Customer Service Manager
FAO: Mr Michael Scothern, Company Director

I acknowledge receipt of your reply which clearly misinterprets the SOGA 1979 and totally ignores the EU directive relating to warranties for goods purchased within the EU (for your assistance and education, please read the document here: http://ec.europa.eu/publications/boo...move/64/en.pdf )

Under section 14 of the Sale of Goods Act, clearly the implied terms are that any product sold would be fit for purpose. Would you think it acceptable for a washing machine to last less than two years with less than average use? I certainly don't, but more importantly NEITHER DOES THE LAW. As you are aware, an engineer is visiting the premises on Monday, 8th October, who will assess the machine for repair under the extended warranty (parts only). His report will be presented to you for your information and his bill will be presented to you for payment.

Mssrs Walder & Scothern, you do have a choice in how to proceed with this matter. Either:

a) do the right thing and resolve this matter to my satisfaction and have yourself a fully satisfied customer prepared to wholeheartedly recommend you to all;
b) continue to fob me off with "warranty" quotes and force me to take further action against Electrical Discount UK.

The choice is of course yours, but you and I both know that I will not go away, and Electrical Discount UK cannot win an argument which is clearly backed by UK & EU law.

Over to you.......

PS. I would also like to provide you with a link to a similar recent thread of mine on a UK forum. This forum is a consumer advice forum solely set up for the purpose of assisting consumers to fight for their rights. A forum on which I am a moderator. A forum which also has the force of legal advisors and experts in this field. A forum which is successful.

http://forums.all-about-debt.co.uk/showthread.php?t=3243

With the above in mind, you may see that you are not dealing with just an ordinary customer who will go away, you are dealing with someone prepared to fight for what is their rights as a UK consumer.

You are honoured, I have started a nice shiny new thread for my communications with you! Link? Oh, okay then, here it is: http://forums.all-about-debt.co.uk/s...ead.php?t=7622

**jen_br** · 4 October 2012, 18:01

Re: diddlys mums washing machine...

Good on ya, I am sure that they will soon realise the errors in their ways.

**Never-In-Doubt** · 4 October 2012, 18:03

Re: diddlys mums washing machine...

Originally posted by diddlydee View Post

You are honoured, I have started a nice shiny new thread for my communications with you! Link? Oh, okay then, here it is: http://forums.all-about-debt.co.uk/s...ead.php?t=7622

Happy to add to Consumer Revenge if necessary....

**CleverClogs (RIP)** · 4 October 2012, 22:00

Re: diddlys mums washing machine...

I thank you for the message in which you informed me of your current thread and in which you thanked me for having helped re Pixmania. You are much too kind, for I am sure that I did nothing (or next to nothing) to help.

You already seem to have done all I would advise, with the exception of telling your local Trading Standards wallahs about the way the retailer seems determined to evade its legal obligations. I believe that Trading Standards may have ways to induce the retailer to see sense other than a pair of pincers applied to the Managing Director's goolies, although the latter would doubtless be more satisfying to observe.

**oscar** · 4 October 2012, 22:17

Re: diddlys mums washing machine...

Diddles,

Regards your comment above on (not exactly how you worded it) "lasting a reasonable length of time"

I wouldnt class two years as reasonable, and you are correct with your interpretation of EU Law - and as we are a member of the EU, we are bound by EU Law - and that this states a warranty of two years applies. There is no definition of what would be considered reasonable.

The company are in effect hiding behind SoGA - what they have said is vaguely correct, (mostly with their 6 months which falls under Sale and Supply of Goods to Consumers Regs) however they have failed to fully or properly address the issues concerned.

I would quote him part of his last inept response and ask him directly "What do you think would be reasonable length of time for a washing machine to be fully functioning" Also, the fault DOESNT have to be present at the point of sale (as in his email) - unless he is stating of course that all their goods are faulty (and therefore should be "sold as seen")

I would also be asking him to explain how he knows there is no "latent or inherent fault" given no one has, as of yet, inspected the machine

**Undercover Elsa** · 5 October 2012, 07:07

Re: diddlys mums washing machine...

Another avenue to explore, should you not get satisfaction, Diddles:

SafeBuy

Protecting the consumer

http://www.electricaldiscountuk.co.uk/
is registered and assured with SafeBuy
Harry Garlick TV Centres
is being continuously monitored

Current status: Valid until 28 July 2013
The SafeBuy Consumer Code of Practice has successfully completed the first stage of the OFT's Consumer Codes Approval Scheme.
5 leading reasons to buy from a SafeBuy member

You can be confident that you'll have a hassle-free online shopping experience. All members commit to:

Adherence to all relevant UK and EU laws with further benefits such as a 14 day 'cooling off' period (where possible)
Total privacy of personal data and security of credit card handling
Clear presentation of all costs including delivery charges and VAT
Effective communication systems with name and address and contact phone number
Mediation services for consumer complaints provided by SafeBuy and the Chartered Institute of Arbitrators

SafeBuy members are continuously monitored through mystery shopping.
Further information at SafeBuy - Home
- including the Code of Practice which SafeBuy members agree to follow.

www.safebuy.org.uk

**diddlydee** · 5 October 2012, 07:36

Re: diddlys mums washing machine...

Thank you, Elsa xx

**diddlydee** · 5 October 2012, 14:26

Re: diddlys mums washing machine...

Update: 5/10/12 - email received

-----------------------------------------------------------------------------------------------------------------------------

Thank you for your email,

Please accept our apologies regarding this issue and we do empathise with you that this is a very stressful and upsetting situation.

We are fully aware of the responsibilities relating to the 'sales of goods act', as we have explained in our previous correspondence we'll need to have proof there was a latent or inherent fault when your item was manufactured, and without this proof we can not further your claim. Please feel free to send us a report from a qualified Hotpoint engineer confirming your product was faulty during manufacturing.

We are not refusing any legal responsibilities we may have but we do require proof from a qualified engineer. Once you have the report please get back to us and we will forward your claim. Please be aware we can not forward any claim without knowing the facts first.

Many Thanks,

Electrical Discount UK
Customer Service

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