Trading Bargains

[Neo1]

Hi I wonder if someone out there can help me. Last year I purchased a dishwasher from Trading Bargains who were selling MFI bankrupt stock. I purchased the appliance on 4th March 2009. It has developed a fault and I have tried contacting Trading Bargains without much luck. Has anyone else had this experience and if so how did you resolve it?

[ashmk]

Im assuming you got to speak to them but they fobbed you off.

 

This may help you.

 

BBC - The One Show - Consumer Blog: Don't be fobbed off: Sale of Goods Act - letter download

 

Its best to do everything in writing, use recorded delivery to prove you have sent.

[Neo1]

Hi

I would like some advice.

A year ago on 04 March 2009 I bought a Diplomat dishwasher (ACA 9202) from Trading Bargains for £175 which stopped working about 10 days ago. After failing to get any reply by phone, I was kindly advised by somebody out there to write to them quoting the Faulty goods and the Sale of Goods Act 1979 (as amended), which I did. Within the letter i stated

 

'The problem is that for the last 6 months it has given us problems but we have persevered. However about a week ago now the button next to the program button continually blinks. In addition the program button is unable to change the setting. Currently program 4 remains lit. Subsequently the machine cannot be set and does not function. I have tried calling your number on your web site and even left a message.

 

The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller.'

 

I recently received the letter attached. Besides stating the obvious that the problems encountered 6 months ago (ie water in machine due to blocked pipes) is quite different to the recent problem is there anything else I should mention? Thanks in advance for your assistance in this matter.

[ashmk]

The letter is to small to read.

 

Have a read here, it offers some good advice.

 

BBC - The One Show - Consumer Blog: Don't be fobbed off: Sale of Goods Act - letter download

[Neo1]

Hi apologies for that. I thought that attachments would be downloaded and then viewed. The site which you have referred me to is the actually template which I used. The response I received to the letter stated:

 

'As I am sure you are aware, Trading Bargains acquired the limited stock of a well known kitchen and bathroom retailer after closing its doors to the public.

Although millions of pounds of stock exchanged hands, this stock was limited and is being sold on a "When its Gone Its Gone!" basis.

I can confirm that we have investigated this matter for you. you have stated that your concerns with your Dishwasher first occurred six months ago, wit regards to an issue with a purchase Consumer Direct state that 'You will now need to contact the trader straight away and report the problem. If you bought the goods locally, visit the trader. Take the item, the packaging (if possible) and any proof of purchase with you. If you cannot take the goods back to the shop, either phone or write to the trader'. As you have continued to use the item without reportingyour concerns to Wembley Store or head office, you have not followed the recommendations required.

Therefore due to the points raised above we are unfortunately unable to honour your request for a refund or a replacement, as we are unable to establish the cause of your concerns due to the prolonged use of the item.'

 

As I said the problems I encountered were basically due to blocked pipes, this new problem as i explained is preventing programing of the dishwasher.

 

Any other thoughts on the matter?

Regards

A

[ashmk]

Bump, anyone more knowlageable on retail help here ?

[perplexity]

Here's a thought on the matter:

 

Article 5

Time limits

1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

2. Member States may provide that, in order to benefit from his rights, the consumer must inform the seller of the lack of conformity within a period of two months from the date on which he detected such lack of conformity.

EUR-Lex - 31999L0044 - EN

 

P.S.

 

In such a situation I would get back to the supplier to suggest that in so far as they wish to dispute the legal right of a consumer, could they please provide the particulars of their solicitor, somebody familiar with the law, so as not to waste the time on imaginary pretences.

Edited March 8, 2010 by perplexity
P.S.

[Neo1]

Thank you for your suggestion. I followed your advice and received the following response:

 

‘I would like to assure you that this matter has been investigated further for you, I can confirm that under the Sale of Goods Act 1979 if you wish to claim a refund for an item that you believe is faulty ‘You must return the goods to the seller within a reasonable period of time, this time period is not set out by the law as it will vary depending on what has been purchased and the circumstances of the sale’. We do not feel that the 6 months you have had the item without reporting this issue represents a reasonable time frame given the ‘circumstances of the sale’ of the former MFI stock.

Therefore due to the points raised above we are unfortunately unable to honour your request for a refund or a replacement; however as a Gesture of Goodwill we would like to offer you a 50% refund of £97.50 to keep your Dishwasher as full and final settlement of this matter. If you would like to accept this offer, please confirm this in writing with the long card number and expiry date of the card that you wish for your refund to be processed onto, and I will be happy to make the necessary arrangements for your refund to be processed.

I appreciate that this may not have been the outcome that you would have hoped for, however due to the points raised above we are unfortunately unable to honour your original request.’

 

Is 50% better than nothing? Your thoughts on the matter would be greatly appreciated.

 

Regards

[perplexity]

"must return the goods to the seller within a reasonable period of time"?

 

According to section 35 of the Sale of Goods Act a buyer is not so much as obliged to return rejected goods:

 

36 Buyer not bound to return rejected goods

 

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_4#pt4-l1g41

 

and according to Article 5. of the EU Directive:

 

3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

EUR-Lex - 31999L0044 - EN

 

Ergo, if not yet satisfied you could explain to the supplier that you had thought to engage an expert to formally assess the fault, except that the cost of the examination would then be included as as a part of the claim, which is to suggest that the choice for the supplier is to satisfy, or risk the cost of a further enquiry.

 

[chesham]

Sounds like the EEPROM in the dishwasher is faulty, or it's memory has become jammed. Diplomat's can be a nightmare to fully reset. Try this:

 

Turn the power off and leave for 2 mins.

Turn the power on, and hold down the START button with the door open. Once it starts flashing, shut the door and see what happens.

 

Try this a couple of times and see what happens...

 

I believe that the number of flashes between the pauses also varies from 1-11 - if this is so, how many is it? There might be something out there to tell you what the error code is.

 

 

Seems to me that by offering 50%, they are admitting some form of liability.

 

How the item was sold does not mean that the law can be bypassed.

 

However, they can offer you a refund if a repair or replacement is not possible, and deduct a "reasonable" amount for wear and tear and usage up to the point of failure - I wouldn't accept 50% for 1 year of use, I would say 80% or above might be nearer the mark, but that's a personal guide

[Dentedporsche]

Sounds like the EEPROM in the dishwasher is faulty, or it's memory has become jammed. Diplomat's can be a nightmare to fully reset. Try this:

 

Turn the power off and leave for 2 mins.

Turn the power on, and hold down the START button with the door open. Once it starts flashing, shut the door and see what happens.

 

Try this a couple of times and see what happens...

 

I believe that the number of flashes between the pauses also varies from 1-11 - if this is so, how many is it? There might be something out there to tell you what the error code is.

 

 

Sorry, that won't work on this machine. It was made by Servis, who have also gone bust.

 

I would advise against accepting half as it will cost more than that to have it repaired.

 

MFI, who badged their appliances with the Diplomat brand name, didn't actually make anything. Neither did Diplomat, they simply rebadged other manufacturers appliances. Some good, some bad and some downright shoddy.

[Neo1]

Did as suggested and got a result. Trading bargains have agreed to refund 100% of cost. Thanks to all who provided valuable comments and assisted with this outcome (especially Perplexity- u rock!!).