SOGA Gurus

BDEE

BDEE

BDEE

Soldato
Joined
21 Apr 2011
Posts
3,180
I know you folk love a good old SOGA letter.

Was hoping someone might give this a look over and check that I am being totally accurate in what I am saying, which I have based on my own research on the act. Also if you think I am being reasonable in the demand. This is in follow up to a previous email, where I requested to reject the goods (I realise now I shouldn't go down the rejection route because of the age now) but eventually agreed to allow them another attempt at a repair, which again failed.

Any suggested changes would be welcomed. Thanks in advance.

Dear Currys,

I write in follow up to the email below.

I spoke with a member of your customer services recently who called me in relation to this and I now wish to follow up on the conversation.

I can confirm that since this email a repair technician from Hotpoint has again been to look at this machine. Whilst here they 1. Fixed the problem in relation to the machine no longer drying and 2. Again replaced the parts relating to the system which automatically shuts off the machine once the sensors detect that the load is dry.

I have now given this some time to test and can confirm, that the machine still fails to stop on the complete drying of the load under the sensor dry setting. The timer reaches 1 minute, then the machine continues to run constantly. This remains an intermittent problem with it sometimes working and sometimes not. This is a dangerous fault, which, in isolation and coupled with the current issue effecting Hotpoint tumble dryers, poses a serious risk to health through the machine catching fire.

I am now again in the position, having had the machine new, followed by two failed repairs, that I am exercising my rights under the sale of goods act.

The sale of goods act states:

All goods must be:

As Described
Of satisfactory quality
Fit for purpose

The basis of my claim is that the machine is not as described, nor fit for purpose, as a key component, which turns the machine off, clearly has an inherent fault which has failed to be remedied on two separate repair visits, records of which are held by Hotpoint, carried out in May 2015 and January 2016.

The act states:

“The retailer must either repair or replace faulty goods within a reasonable time with without causing significant inconvenience”

If this is not done, I am entitled to claim either:

1. A reduction in the purchase price OR
2. My money back, minus an amount for the usage (recision)

We are now beyond the stage of repair or replace, as I have now had this fault with the machine for 11 months, which was first notified to the repairers in May of 2015 and has involved a total of three visits for which I have had to make myself available (the first visit the engineer did not have all the required parts on the first repair occasion), as well as all the time making phone calls and sending emails. This therefore means you have failed to meet your obligations under the requirement of not causing significant inconvenience.


My request, therefore, is under the terms of a repair not having been achieved, is my money back minus recision, which I have calculated as such:

Cost of Dryer: £299.99
Life expectancy of dryer, based on my previous machines age at replacement: 10 Years
This is equivalent to £0.082 value per day
To date I have had the machine for 342 days, giving me equivalent value of £28.04
Giving a request amount of £271.95

I agree to immediately cease use of the machine so as to not affect further usage effect on this amount and for the safety of myself and my family.

I will also require you to collect the faulty machine for disposal.

I wish to also highlight to you, that despite your agent who called me telling me that my claim must be made with the manufacturer, this is incorrect and all claims under the sale of goods act are with the retailer. Please note that should you refer me back to the manufacturer in error again, I will immediately escalate the case to the county court as this will be a clear indication of your desire not to fulfill your obligations.

I trust that you will be reasonable given the situation and must reinforce my previous sentiment, that should I not receive your satisfactory proposals for settlement of my claim within seven days of this letter, I intend to issue a claim in the county court without further reference to you.

I look forward to hearing from you and working with you to resolve this situation.

Kind Regards,
BDEE
 
I have a question, my Tv was sent to manufacture it came back with scratch on screen what can I do they refuse they scratched it however I wrong down on the the service sheet the day it was returned.
 
Yeah might change it to 10 working days. To be honest I am fed up with them and just want it sorting.

I had to argue with the lad on the phone the other week that it was them I had to raise it with. Was desperately trying to fob me off saying I had to contact Hotpoint.

Want rid of this piece of junk. It never worked properly and it is concerning that it doesn't turn off all the time what with it being subject to recall.

Thanks for the comments.
 
Good luck and keep persevering, I had a similar SOGA battle with Currys over a TV that died after 23 months.

It took me months of battling and 2 failed repairs before I finally got a refund. Even though I was only asking for a percentage refund when I went in to get another TV the credit on account was for the full original purchase price, bonus!
 
Due to its age, and that the faults presented themselves within the first 6 months (if I read your letter correctly), you are entitled to a full refund not just proportional.

As it is an intermittent fault, try to get recent video evidence of it occurring. I have taken video evidence of all items I have faults with (especially for items that still partially work or have an intermittent fault) of recent and got quick resolutions because a) they know it can be used on social media/web news media b) it is hard for customer service to ignore resolution with this extent of evidence and 3) this is difficult to refute for any legal or cc claim.

If you bought this on your credit card/credit they are also jointly liable and you can pursue them as an alternative. They refund if they uphold your case then take this up with the retailer. Usually very swift and saves agro and time.

Otherwise, continue on your approach. Curry's policies are designed to make it as difficult as possible often resulting in legal action. Annoyingly they can do this.

Also worth speaking to hotpoint again directly as they may fix properly or replace it themselves (esp if you can send a video of it happening) but I appreciate why you would prefer a refund.
 
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I would remove references to "not as described" since it was sold as a clothes dryer and does dry clothes, albeit with a fault.
 
Great suggestions - Thanks. Going to get some video the next time it does it.

Didn't think about the credit card route either. Will try to leave that as a total last resort but good to have in the back of my mind.

Hotpoint themselves are Curry's nominated repairer and so it has been them that have come to do the two failed repairs. I just see this going nowhere other than a refund. I would actually be quite happy with store credit as I plan to replace it with a Bosch machine, although it might be preferable to buy elsewhere if they mess me around any more so going to still push for a cash refund. - The fault was there from it being new and was first reported when it was three months old, more due to lack of time to stay in for a repair than anything else. Didn't realise I could then claim the whole cost.

I will let you know how it goes.
 
BDEE said:
Great suggestions - Thanks. Going to get some video the next time it does it.

Didn't think about the credit card route either. Will try to leave that as a total last resort but good to have in the back of my mind.
Click to expand...

Once you are at the deadlock stage, where you will be entering legal proceedings as the next stage, this is exactly the right point for your cc to get involved rather than as a last resort.

You only have to part pay on your cc as well to gain eligibility. It's one of the many benefits to buying on credit card.
 
Nicely written letter. Perhaps the only area of contention would be the expected lifespan - just because your last one lasted 10 years doesn't necessarily mean this is a reasonable lifespan for a 300 quid dryer.

But the rest of it sounds spot on.
 
Well as expected it looks like this one may be going all the way.

This is part of the response:

"As a company, we do understand our obligation to provide a remedy for products that fault within the guarantee in certain situations. In view of this and as the item is protected by the manufacturers warranty a repair route is available and as such we would not intervene. Please note in line with the Sales of goods act, it is ultimately the retailers choice as to a repair, replacement or a refund and on these circumstances we would allow a repair route. Should you wish to book a repair you would need to contact Hotpoint directly and they will be able to assist further. "

I have replied asking if they read the fact that there have already been two failed repair attempts.

Credit card company next then. Sigh.
 
Yes, same fault, same parts although second time the back panel was also replaced as well as the heating / sensor components. No idea how that effects it but I let him get on with it.
 
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