Consumer rights?

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ChipRivers

This may not be the right place to ask this question but I am sure there is some body here that can answer my query!

I have a cooker I purchased from well known chain via a clearance auction on their own website. The cooker was listed as new with no damage (from memory I think it was a display model from the shop floor). After being in reciept of the cooker for about a month, the plastic handle mounted on the exterior of the lower oven door broke off. It is, in my opinion, of poor design and gets very thin in the place that the bolt goes through to secure it to the glass door.

I reported this to via the helpline and with no problem, the engineer called by to replace the handle. Happy so far! How ever, not long after the handle broke again, in exactly the same place. I raised the problem again and again the handle was replaced with out quibble.

Since then over the last year and a bit, we have had 7 new handles fitted, each time the handle failing in the same place. After the first couple of occassions I did put in a complaint to the retailer asking for either a refund or replacement with a suitabel similar model. After communication going back and forth for several days, the best they were prepared to offer was an additional 3 months warranty and reassurance that each time the handle was replaced, it came with its own 3 months warranty should it fail again.

The handle has broken again today and again I phoned up and battled with the call centre to arrange a replacement as it was outside the original 12 months and they didnt seem to have a record of our previous agreement. FInally they agreed to replace it under the part warranty as it had only been replaced about 4 weeks ago.

To cut the story short, my question is what are my rights? I argued with them at the time of my original complaint that under the sales of goods act the product must be of suitable quality which in my mind it is not. They did not agree and argued that there was no come back under the sale of goods act for what has happened. But is there anything I can do? I know it is now over a year since I made the purchase but I did raise this issue soon after I bought it and the problem has persisted unresolved and must show that there really is a design flaw with this model.

Any advise would be appreciated, I have raised my complaint with them again and they told me they would look into it but I was left with little optimism.
 

Antonia @limeone.com

Free Member
Jan 28, 2006
1,703
141
Chester
Report to Trading Standards and also inform the store in writing explaining exactly the dates and number of occasions this has broken and say the design is flawed. Not exactly the sort of case that you would take to court but given the volume of times the handle has been replaced they should take some responsibility for the problems and rectify it. It is a question of reasonable and I cannot see any argument for the number of handles in 12 months here.
 
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ChipRivers

I have spoken to trading standards and they have advised me that the company are in breach of their contract as the problem has not been resolved. Purely continuing to replace the handle with the same faulty part is not making the product of an acceptable quality and this should have been resolved when I first raised the complaint with them last year.

They have advised me to send a recorded delivery letter to them outlining my complaint and quoting the sale of goods act. Trouble is I'm not sure who to send the letter to! I feel that if I just send it to the service department of customer services it is just going to be ignored in the same way they have handled my complaint so far. Who should I send it to within the company to ensure it is given the due attention I require? I need to get it to somebody that actually cars about the service they are offering and the reputation of the company!
 
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Send it straight to the top - the MD or whoever. If they have a website, you can probably find out who thisw person, or else phone head office and ask whoever answers the phone.

If you still don't get any redress, inform BBC Watchdog - they love these kind of complaints and you're guaranteed to get a result if they look into it.
 
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ChipRivers

Good news guys! I sent the letter to the Managing Director last week. They came to fit a new handle to the cooker today as planned but I also got a telephone call from the managing directors office this afternoon. They said that should the handle that has been fitted fail at anytime in the next 3 months, they will provide me with a new cooker :smile: . I havn't got this in writing yet but I have asked that they send me confirmation. Here hoping it breaks soon!! :wink:
 
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