Please Help

[spm]

To cut a very long story short : -
Jan 2005 I bought a Kenwood intergrated dishwasher to fit into my brand new kitchen that had just been installed.
After a short period of time the DW stopped working and an engineer was sent out and said the main component had broken therefore a new machine was sent in May 2005.
After using the new DW for only a few times the pull out trays broke on two occassions and had to be sent by post as replacements and then the DW started leaking and pouring with steam around the door.
An engineer was called out again in February 2006 and said that the rubbers, hinges etc all needed replacing and the DW could not be used until these were replaced. The latest fault of leaking steam had now damaged my new kitchen doors and drawers. I went to the store where I bought it from in Wednesbury and complained to the Manager saying I was not happy in receiving replacement parts when it seemed that this make of DW was not reliable. He said to write to the Head office which I have been doing since March 2006. I have written letter after letter and I have asked for my money back plus damage costs to my kitchen. They asked for pictures to prove damage and a quotation for the costs of the damage, both of which I have done. Their latest letter dated March 2007 basically says there is still no proof of damage costs even though I sent a quote and pictures I am totally fed up now, over 12 months I have had no use of the dishwasher and I have sent letter after letter all registered post which costs me money. Any advice would be appreciated, sorry it is such a long story

[blacksheep1979]

you have to stick to your own time frame and once you have provided them with all the proof that is necessary take no more run arround rubbish from them. Give them a deadline by which you want a solution or if they don't you take legal action - I think you've given them enough warnings and chances now and by the sounds of it all the proof they need. Send one last letter stating your frustration about the runaround they've given you, that you've given proof (include it again) and that you want a solution within 14 days or you will proceed with legal action without further warning.

[spm]

Thanks for your reply - I was keeping my story as short as poss, but I have threated with watchdog and legal action and asked them to reply within 7 working days still I get nonsense letters back. I was wondering if there was any legal jargon I could quote on my letter

[blacksheep1979]

Sale of Goods act 1979 (as ammended) Stick to your guns if you threaten legal action do it.

[rosiecotton]

How much use did you actually get from the product? Just trying to gauge whether there is a good case for a full refund or whether the company would be justified in withholding an amount for wear and tear as per Section 48 of the amended SoGA.

Either way, you can certainly also claim consequential losses for any damage the faulty dishwasher has caused to your kitchen.

It's time to get this moving now. I would advise you to write a Letter Before Action, stating that the dishwasher is not of satisfactory quality or fit for its purpose. You have given them a reasonable opportunity to replace the goods but the replacement item was also faulty. [Detail the faults]. These faults caused additional damage to kitchen units which will cost [amount] to put right. Therefore you are seeking to rescind the contract and claim a [full/partial] refund and in addition claiming the amount required to put right your damaged kitchen units. Unless you receive this amount in full by [reasonable date], you will be taking further action in the small claims court.

Something along those lines needs to go off, keep a copy and keep a Proof of Posting slip from the post office counter (if using Recorded Delivery please ensure that you check to see it has been signed for, lots of companies refuse Recorded post as they think it will be something they don't want to read).

If you get no joy, you will have to consider making a small claim via the County Court. If you do go to court, you may as well claim for a full refund together with consequential losses, the judge may be sympathetic on the day.