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Hoover guarantee problems


BIGMAN2708
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I bought a vacuum cleaner back in January 2011. We had several issues regarding the Hoover so the manufacturer replaced the cleaner with another model to the equivalent cost. We’ve only had the replacement since August 2011 and are having the same issues with this one, even though it is a different model.

 

Having spoken to Hoover they have offered a replacement, with the same model. I have stated that this is no good as we will only have the same problems with the replacement. The problem is all done to the suction system and requiring constant changing of filters. I asked them for either a refund or a replacement or a better model with a different suction and filtration system. They have refused this as they have already given me a replacement, but that was on the guarantee for the original cleaner we bought. The replacement has been registered as a new product and therefore has a new guarantee.

 

Am I within my consumer rights for a refund? They have offered me the better model but I would have to pay the difference, which is about £161.

 

Any help and advice will be appreciated as always.

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If you are using the device as per instructions and within the parameters of its specification (ie you're not using it for say sucking up cement or using it commercially) I would argue that the product is not fit for purpose and on that basis you would like to return things to how they were before you purchased the product.

 

I think the Sales of goods Act might be worth quoting too:

 

 

14 Implied terms about quality or fitness.E+W+S+N.I.

(1)Except as provided by this section and section 15 below and subject to any other enactment, there is no implied [F11term] about the quality or fitness for any particular purpose of goods supplied under a contract of sale.

 

[F12(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

 

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

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Hi, I have stated that it is not doing the job it was bought for. But they are adamant that because this is a replacement product I am not entitled to a refund. The original vacuum cleaner was purchased from Littlewoods Catalogue, should I contact them to see what they have to say?

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This is difficult.

 

I think because you are still in the first year of guarantee then you should direct all of this to the retailer, to whom I believe the Sales Of Goods Act 1979 applies. I suggest you write to them, outlining the problem history and setting out your wish to reject the goods sold to you as they are not fit for purpose and do not perform as described and that you wish to have a full refund or the original goods fixed so that they perform as you expected.

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Goods already used are therefore accepted so a reasonable refund would be for the second hand value and the retailer is responsible for that, if and when a repair or replacement is inappropriate or fails.

 

The relevant parts of the Sale of Goods Act are easy to find if you browse the Table of Contents:

 

http://www.legislation.gov.uk/ukpga/1979/54/contents

 

N.B.

 

For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.
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Although they could quite rightly turn round and say, no, that's not the product we sold to you - you may (or may not, it depends how littlewoods act) have shot yourself in the foot going to the manufacturer before the retailer you bought the product from.

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Although they could quite rightly turn round and say, no, that's not the product we sold to you - you may (or may not, it depends how littlewoods act) have shot yourself in the foot going to the manufacturer before the retailer you bought the product from.

 

Who sold the guarantee if not the retailer?

 

The manufacturer's guarantee is a part of the product the retailer sold, a thing with a considerable value so a failed guarantee is a breach of the contract of sale.

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We had a problem years ago with filters on a Dyson.

It was caused by using carpet freshener (powder type like shake n vac)

As soon as we stopped using it the problem was solved.

 

Have laminate now so not a problem.

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yep correct sadly

by going through the manu, uou've effectively somewhat nulled SOGA.

you should ALWAYS direct any issue to the point of sale.

 

however, as they provided the replacement device , they now are governed by SOGA [as the seller]

 

the manu has offered to replace that one for a better model therefore they can charge an upgrade fee,

 

i think this is the best you can get from 'them'

as they cannot refund as they were not the supplier on the original.

 

p'haps you need to contact littlewoods

see what they say [if this was online/cat order you will also need to read the DSR rules]

 

and get the two talking together.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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