Hardware Forum - Daewoo American style fridge freezer broken down - reasonable time - Page 1

Have u been to trading standards? they may have other people with same problem? have u googled the make and model number for the same reason? Think those would be my 1st port of call before resorting to court case

Did you buy it from them direct? If not your contract is with the retailer. Not the manufacturer. Your first port of call should be them.

I would have thought a company the size of Daewoo would have legal staff on their books anyway, so going to court would not cost them as such.

Your retailer (not the manufacture) is bound by your statutory rights that state that the goods should last a reasonable about of time. This is up to 6 years. Not sure about north of the wall.

The problem is that there is no definition of what is reasonable in law. It would be down to the opinion of the judge on the day.

If it was found that it was reasonable for it to last the full 6 years,and you are awarded a new unit. Then you will probably be deducted an amount as you have had 2 and a half years use out of it.

Doc.


"Compassion is another word for gay." Psycho Paul, 2010.

thanks for the info doc, its appreciated. from research i have done i understood my contract was with the retailer, but i thought that after the guarantee period the manufacturer had responsibility. have i got this wrong?

cheers

Yep you have. The manufacturers warranty you get is nothing more than a gesture on top of what you are entitled to.

At no point do you have a contract with the manufacturer. Only the retailer. If the retailer is saying "sorry, its out of warranty mate" You need to remind them that your statutory rights are with them and last for 6 years.

Doc.


"Compassion is another word for gay." Psycho Paul, 2010.

And as the Doc says, any award will be reduced by the time you have had from the unit.
So, for 2 years 5 months they would do thus:

6 years = 72 months.
£499 / 72 = £6.93 PCM

Use from unit= 29 months.
Value reduction of unit: 29 x £6.93 = £200.97

End award (if any granted) = Original Purchase minus use reduction = £499 - £200.97 = £298.03

You also need to take into account whether it's worth the grief to yourself for the £300 if you win (as in, will it cost you more than that in hassle, phone calls etc not can you afford to lose £300 cos none of us can!) as the burden of proof generally falls on the Consumer to prove it failed prematurely.

Some manufacturers will have the unit checked over by their own engineers and not charge for it or the Retailer pays it but it's not always the case... but whatever the outcome good luck with it!

Jimbo : oÞ

"There's that word again... is there a problem with the Earth's gravitational pull in the future?"

Oh, talking as an ex retialer who had to deal with this sort of thing. A word of advice.

If you had come in to me shouting the odds saying you knew your rights as Dave down the pub had told you. Then you would get the very minimum you had to required by law. People who came in with a problem but were polite. Would have me bending over backwards to help and they would get what they wanted or more.

The person you are complaining to has feelings too.

Going back to what is reasonable. I can't remember the exact details. But I remember being told of someone who had bought a washing machine. They stored it in their garage for a couple of years. When they came to plumb it in it was faulty. It ended in court. Dispite the unit never being used the judge awarded only half to the owner as it was reasonable to expect someone to check what they have bought sooner.

Doc.


"Compassion is another word for gay." Psycho Paul, 2010.

Quote:
I'm most interested to hear what you guys and gals think.

Under the Sale of Goods Act after 6 months the burden of proof falls to the consumer

In other words in order to progress you need an engineers report to back up your claim