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SOGA - Durability, who is responsible after warranty has ended


baptiste
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We have a Samsung fridge freezer, bought 3 years ago and so now out of warranty (it came with a 2 year warranty). It was bought online, from boots, and with a visa cc.

 

Personally, I think it is reasonable to expect a £1000 fridge freezer to last between 8-10 years, so I'm not happy.

 

I have contacted Samsung, who were unhelpful, but after reading the SGA I think maybe I should be taking this up with the retailer?

 

Does anyone think I have a case here? Who would be responsible if so?

 

Many thanks for reading.

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SOGA is onlyever with the seller

 

warranty is nothing to do with it

 

it isEXTRA ontp of your rights under soga

 

your card Co. will equally be responsible under sec 75

 

but you must go after the RETAILER first under SOGA.

 

it will be to your advantage to pay for an independent inspection of the faulty

before you go after boots,

 

the cost of which will be refunded by them.

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/forcustomers

 

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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wrong attitude...

 

you ARE entitled to a repair under SOGA...end of!

 

if that does not work, a replacement/refund.

 

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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  • 7 months later...

We got our freezer repaired by Samsung, who sent an engineer out, we did however pay in part for the repair (I wouldn't have, but I just didn't have the time to deal with it then and figured that it would cost less just to pay the reduced fee than spend several hours chasing Boots for payment).

 

However, the exact same fault has reapeared! And I really cannot afford to pay this time, cash poor, but now time-rich at least.

 

So, before I fire off a mail to Boots, I thought I'd better find out:

 

Will having the repair done have any effect over my rights under SOGA?

 

This was Boots initial reply:

 

'In order for an exchange or repair to be organised you would need to send us an engineer's report stating the fault has been there since the delivery, due to a faulty part inserted during manufacture. You can send the report to the address below and we would be happy to look into this for you. I am sorry to advise that without an engineer's report stating this is inherent; we will be unable to proceed with this for you.'

 

I'm a little nervous of paying for an engineer at this point, any idea of what this will cost (I gather that I can claim this cost back but even so)?

 

Also, Samsung are telling me that the repair was only guarenteed for 90 days, which seems cr*p to me, is that the case, should I forget them and just go after Boots/Visa?

Edited by baptiste
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it certainly does not invalidate soga

 

they'd also be hard pushed to refute any repair is only guaranteed for 30days.

 

bunkum!!

 

boots are correct you have to get an ind eng rpt if the fault is outside of 6mts since new.

 

however if the org fault was within 6mts & this has just failed again

you should not have to pay.

 

you can reclaim the fees too

 

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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Thanks for the reply.

 

I think you mean 'argue', not 'refute'!

 

So, considering the 'repair' failed, I suppose it would be better to go straight to Boots, any advice on the choice of engineer, is a small 'one man band' ok, or should I go for a large registered company?

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no any report will be fine.

 

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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I must say that I disagree with boots in their initial reply (unless of course I am reading it out of context). After the first 6 months from purchase/delivery of goods to the buyer, the buyer does indeed need to prove there is a fault but not that the fault was there from day 1.

 

SOGA does not entitle you to a repair or replacement solely on the condition that you prove a fault was "there since the delivery, due to a faulty part inserted during manufacture." If the goods were fine upon delivery and fine every day since but suddenly develop a fault that renders them unsatisfactory according to the obligations arising from S.14 of SOGA, then the buyer has rights of repair or replacement as per what dx100uk has advised.

 

Sometimes goods and their working parts are fine and can suddenly just fail. It doesn't mean that something has always been iffy from the word go and just waiting to go wrong so to speak.

LL.B (Hons) - University of Derby

 

'real world' legal and retail experience too

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