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    • I have not done so yet no, as this is completely alien to me, this is why I have requested assistance from CA, if I had known that consumer direct wouldn't be able to help me in this regard I would have contacted them sooner.    I could post the response I had from the dealer however there probably isn't enough space on the server! It was quite the novel of nonsense. This would maybe give you an insight as to what I am dealing with though. That said, you probably already have a fair idea!
    • I agree with the what you say.   However from prospect of an honest client what can be done?   They were contacted in time, to tell them the food is crap. they wanted the investigations team to look into it and they asked for photos.   today they are saying T&C 6 says its between you and the resturant.   aka we got the commsion they got the money and you can fork off.   i can fork off yes. however i want to do something about it. this is crona, not worked..... march. things are tight.    
    • As has already been said here, whether it takes five minutes or longer, the case will be closed in your favour. Enforcement is going to be a completely different issue. When do you issue your claim? Have you drafted the particulars yet? You may want to post them up here so we can have a look and comment before you actually issue the claim
    • I would like to think not too, hindsight is a wonderful thing, and I did say before had this all been done in a face to face situation I wouldn't be in this current predicament. I mentioned that he said after his first initial call to me about the clutch/strut needing replaced however the car requires a completely new paint job and stripping of the 'wrap' (actually a badly attempted effort at spraying with a plasti dip paint) which wasn't apparent in any of the pictures, nor did he mention it. However, even this doesn't come into it with the 14 days to cancel as no reason has to be given.    I'm hopeful that it if goes before a judge and the fact it was sold on a trade sales invoice will be case closed in my favour in under 5 minutes. 
    • Well, perhaps pointing that out in the first place was a tad sarcastic, so, I generally reply to sarcasm with sarcasm.    Bottom line is, the reason distance sales open more avenues for a consumerrights etc is because people get duped by dodgy traders rather frequently.       I believe your own first response was, good luck with the 12 months extension, which is already in my favour, so a bit more savvy in knowing what you're talking about before you responded would maybe have prevented me from pointing out that yes, I do indeed have the 12 months extension.   My apologies you said it should be interesting. .. goodness knows what you meant by that.
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White goods warrenty issue


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I've been helping my dad renovate a house for about 2 years now (extension, replumbing, rewiring, etc)

 

He bought the kitchen appliances roughly 18-20 months ago and we only just fitted them two week ago, after 8 days of being connected the microwave (large multifunction unit, cabinet mounted) started to smell of burning and then turned off. The fuse in the plug was intact.

 

He's got no idea where he bought it (he's as organised as me) and he didn't ring up and start the warranty (large sticker on the window of the microwave.

 

My query is, does the warranty start from when you purchase the item, install the item, ring the company? I'm guessing it's from the point of purchase, but would the value of item/expected length of life procedure come into play?

 

It's had less than a fortnights "use", we haven't even used it to warm things up, it's even got the delivery plastic on the front panels still.

 

He's a bit put out, he told me he paid out nearly £600 for it (it's a bleedin microwave for crying out loud, even if it is ever so shiney)

 

Any ideas?

 

Thanks

Steve, xxxxx, UK

 

Barclays

DPA letter delivered by hand 04/04/06

Statement request confirmed & DPA payment refunded! 06/04/06

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Nobody got any ideas?

Steve, xxxxx, UK

 

Barclays

DPA letter delivered by hand 04/04/06

Statement request confirmed & DPA payment refunded! 06/04/06

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Consumer goods have to conform to description regardless of a warranty provided by the supplier or manufacturer and the time limit to complain lasts for a minimum of two years throughout the European Union. [Directive 1999/44/EC]

 

A Buyer may require the seller to replace or repair the goods, or if that is impossible a buyer may rescind the contract (get his money back).

 

See Part 5A of the Sale of Goods Act.

 

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In practical terms, your guarantee will start when you can prove purchase. The fact it has sat in a box unused is of no consequence, issues whether the box was mis-stored or mis-handled could be alleged and be difficult to prove. At 18-20 months, it will be assumed that the product has functioned since this date, so a claim of an inherent fault would probably not be entertained, but I'd write to the manufacturer directly, gicing the Model and serial number as they may have identified a manufacturing issue and be pleased to provide a swap.

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Oh dear. You've been purpled. sorry.

 

Ignore the two year thing - that is irrelevant. And also not good UK law.

 

You may have a claim, but you will need to prove the goods were faulty when delivered - this will be hard - and you need to know who you bought it from.

 

If the guarantee from the manufacturer is more than the 20 months you can claim against that. Beyond all that Buz's advice is sound.

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Ignore the two year thing - that is irrelevant. And also not good UK law.

-------

 

Whether or not it is thought to good or bad, the fact of the matter is that The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 specifies the UK Laws intended to give effect to the Community Directive 1999/44/EC:

 

(i) Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973[18], sections 13 to 15 and 15B of the Sale of Goods Act 1979(19), sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 1982(20), and any rule of law in Scotland which provides comparable protection to section 13 of the Supply of Goods and Services Act 1982 (implied terms as to quality and fitness);

 

(ii) Sections 20 and 32 of the Sale of Goods Act 1979(21) (passing of risk and delivery of goods);

 

(iii) Sections 48A to 48F of the Sale of Goods Act 1979(22), and sections 11M, 11N and 11P to 11S of the Supply of Goods and Services Act 1982(23) (additional remedies for consumers);

 

(iv) Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002(24) and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 1976(25) (consumer guarantees);

 

(v) Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 1977(26) and article 3 of the Consumer Transactions (Restrictions on Statements) Order 1976 (anti-avoidance measures)

-----------

 

UK laws may provide more by way of protection to the consumer, but not less:

 

1. The purpose of this Directive is the approximation of the laws, regulations and administrative provisions of the Member States on certain aspects of the sale of consumer goods and associated guarantees in order to ensure a uniform minimum level of consumer protection in the context of the internal market.
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so, in summary - it is bad law, i.e. the legislation you quoted doesn't apply in the UK, it is made irrelevant by the limitation act.

 

The rest of your cut and pastes are the usual tosh.

 

Dear OP - ignore Perp. He's daft.

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:roll:

 

EU directives lay down certain end results that must be achieved in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them.

 

Each directive specifies the date by which the national laws must be adapted - giving national authorities the room for manoeuvre within the deadlines necessary to take account of differing national situations.

 

Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market (e.g. product safety standards)

http://ec.europa.eu/community_law/introduction/what_directive_en.htm

 

 

 

To this end, its Member States cede part of their sovereignty under the Treaty on the Functioning of the European Union (TFEU) which empowers the EU institutions to adopt laws.

 

These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities. The EU also issues non-binding instruments, such as recommendations and opinions, as well as rules governing how EU institutions and programmes work, etc.

http://ec.europa.eu/community_law/introduction/treaty_en.htm

 

Which part of this is so hard to get?

 

"These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities."

 

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But mostly, they are ignored when it is against that countries national policy. It then falls upon the complaininant to fund an action of complaint and seek compliance. Nothing new there. What is, is your slavish belief that it makes one whit of a difference to the man in the street unless other factions see it worthwhile to do so. It would be far better to get us all a written constitution too, so we know where we stand, but that's not goiing to happen any time soon either.

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I don't know. I think you might have been dropped on your head as a child?

 

Fact: the EU regs you ref to give a two year limitation period

 

Fact: the limitation act 1980 gives a 6 year period

 

Fact: you've quoted bad advice.

 

Fact: you've cut and paste stuff you don't understand

 

Fact: you are a bit daft.

 

 

I assumed, based on your obsession with EU law you'd understand the difference between maximum and minimum harmonisation. I guess not. Have you thought about another hobby? I don't think law is working for you. I hear line dancing is popular. The Enterprise Act, and EU Directive 94/4762 specifically allow for it in public areas.

 

to this end, its Member States shall dance, in lines, whence part of their sovereignty ,under the Treaty on the Functioning of the European Union (TFEU) which empowers the EU institutions to adopt musically orientated musical movement providing such is not deemed lewd...

 

...These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities, save for Britain's got Talent. The EU also issues non-binding instruments, such as recommendations and opinions (for eg, the well known three buzzes regualtion), as well as rules governing how EU institutions and programmes work, etc.

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