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Misled when buying oven


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Hi,

need some advice before I attempt to do anything.

 

About a year and a half ago I was looking Around for a commercial oven to fit in my new business.

 

I needed something that would run on 30amp and also have a steam function as I didn't have 3 phase in the kitchen.

Found a company that sold second hand equipment and asked if they had anything suitable.

 

I bought an oven from them and after getting to grips with it realised it didn't steam.

managed to get it returned,

ideally wanted my money back but they said I could only get another oven from them.

Because I really needed one I decided to do that.

 

They sent me an email saying they'd send me one that was compatible with my needs.

The next oven worked, was fine,

unfortunately closed my business 3 months later and put the oven into storage

 

A year and a half later I lent the oven to a friend for his kitchen,

it worked for a little while but stopped working soon after.

 

He had a technician from the manufacturer take a look at it,

and found out from him that it was irreparable due to someone screwing with the electrics and converting it form 3 phase to 30amp.

Seeing as the oven should run on 3 phase it eventually destroyed it.

 

I traced the history of the oven back to sainsburys by using a servicing sticker with a phone number I found on the oven.

That company serviced the oven in 2012 and it was running on 3 phase.

 

I know the seller rewired the oven so I would buy it

but I'm not sure if be able to prove it and even if I could, would I have run out of time?

 

The oven cost me £1800 so quite an expensive experience.

Edited by dx100uk
sentencing & line spacing added - dx
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I would start a SOGA claim

you have the report from the manu so they are stuffed really

they are going to have to cough up

regardless upon 'how' it went faulty.

 

 

as a side issue

how did you pay for it?

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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Do you have the make / model for the oven? Some three-phase devices have the ability to be switched to single phase. Worked for a big tool hire company as an engineer and this was the case with many appliances.

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hi, thanks for the reply. phoned the manufacturer who confirmed that they dont make any ovens suitable for 30 amp power and that the oven in question was only made for 3 phase use. the technician who looked at it did say someone had rewired it, kind of a botch job, so it could be used on single phase but would run not to its full capability and also in a way that would eventually destroy the oven which makes me think it was done only for the purpose of shifting it and not so that it could be used properly.

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ok will do. im concerned that they'll say the bought it like that and will probably plead ignorance. is that a good excuse that will stand up in court?

 

 

tough they sold it to you

their problem

 

 

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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go get em !!

 

 

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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Share on other sites

I'd simply start a SOGA claim.

 

and keep it simple

 

use the rest for if they start wriggling.

 

the item I purchased from you has failed

you want it repaired/replaced/refunded under SOGA

 

here is the independent report.

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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Share on other sites

  • 1 year later...

hi, have sent a letter to the company and they are refusing liability asking for proof of purchase, proof of electrician writing off the oven and also proof that ive tried to contact them before.

 

I think they'll go down the route of asking why I didn't contact them before about this and because I left it so long - they don't believe its legitimatate.

 

What I'm thinking is that no matter how long I left to make a claim - if I was mis-sold the item almost 3 years ago ... I was still mis-sold the item today. and the reasons why I didn't contact them earlier is immaterial. am I correct?

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B2B contracts can exclude a lot of things that are relevant to consumers.

Take a look at the sales contract, it might well say something like 'The conditions and warranties set out in Sections 13,14 and 15 Sale of Goods Act 1979 and

Sections 12,13,14,15 and 16 Supply of Goods and Services Act 1982 are hereby expressly excluded from contracts made under these terms and conditions.

 

That would limit you to claiming damages but damages can be for the cost of repair.

 

Why is there such a long delay, (over a year), in your initial post and now, have you taken any action at all ??

Edited by Conniff
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  • 3 weeks later...

A specialist suggested that the oven was infact a right off and repair would exceed the cost of buying a new one but if I can get it repaired then that would be fine.

 

Reason for why is taking such a long time are personal

but yes I have sent them the initial letter stating the facts

to which they replied that thy do not accept liability

and asked for proof of purchase, manufacturers report, engineers report and proof that I've contacted them before about this.

 

 

The reason I had left it till now..

Almost 3 years later is that I stopped using the oven when my business closed shortly after purchase of the oven.

 

 

When setting up the oven again, it was ok for a bit but started to malfunction.

This is when the investigation started and I found out through the engineer that it was actually not supposed to be used on single phase as the company suggested when I bought it.

 

I was just wondering do I go to with this. The small claims court?

 

Also - have received a reply stating that they want a bill of sale and engineers report otherwise they won't accept liability.

 

 

All I have are emails to prove that there was a purchase and also a deposit of £200.

 

 

Obviously they should have the transaction on record

and could also just ask the sales person

but I'm guessing they're just being stubborn and nasty about it.

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  • 3 weeks later...
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