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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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thanks for your answer,i spoke to a representative of Dyson

Resolved Question:

thanks for your answer,i spoke to a representative of Dyson and explained that i was advised by a solicitor on this site that i could insist for a total refund, defined in the sales goods act of 1979, and they are still saying they will not give a full refund as they are willing to repair the heater ,but i told them i will not use it again because my confidence in machine is now zero. they repeated that only 4 in a million has caught fire, my reply was 1 in a million is not acceptable, yet still they refuse a full refund, they are saying because they are willing to repair it and the recall was voluntary, they do not have to give a full refund, could you please advise what i should do now.
Kind regards
T.Jackson
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello Tony,

I am afraid unless there is a specific fault with your machine, then what the company are proposing to do appears reasonable.

If your machine were to catch fire, then you would have a valid claim against them obviously. Also, under the Sale of Goods Act 1979, your claim is against the retailer, not the manufacturer directly, unless you purchased it directly from the manufacturer.

At this point in time, there is nothing wrong with your machine I believe and the retailer is allowed by law to repair or replace the machine at its choice, taking the most cost effective solution for it.

Hope this helps
Customer: replied 2 years ago.

Dyson have actually highlighted that the problem is a fault in the machine they have manufactured, ,and the first expert i received a answer from said they must be recalling it on health and safety grounds, so it is not satisfactory quality or fit for purpose defined by said 1979 sales act. so who is correct. i am bit confused.


Terry

Customer: replied 2 years ago.
Relist: Other.
i have had two different answsers from two of your experts
Expert:  UKSolicitorJA replied 2 years ago.
As you have had the machine for 18 months, the retailer is not legally obliged to give you a refund.mi cannot speak for the other expert, but you may read more about the reasoning behind my answer for yourself here

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

Hope this clarifies
Customer: replied 2 years ago.

sorry , still confused, Dyson highlighted the fault and asked for machines back, so when does the machine become dangerous , when it actually harms or there is a fatality.


Kind regards


Terry. J

Expert:  UKSolicitorJA replied 2 years ago.
Under the Sale of Goods Act, when the machine does not work as intended is when it is deemed faulty, not on the basis of a voluntary recall.

Hope this clarifies
Customer: replied 2 years ago.

but they have found a fault and they are admitting to at least four catching fire, thar is why they are recalling them

Expert:  UKSolicitorJA replied 2 years ago.
You may make a claim online for the refund of your money at www.moneyclaim.gov.uk

It will up to the court to decide whether or not you are due a refund under the circumstances, less any usage costs for the time you may have used the machine.

You may also report the matter to Trading Standards.

Hope this helps
Customer: replied 2 years ago.
I know it's seems untrusting on my behalf but a voluntary
Recall could be a trick to save them millions of pounds
Expert:  UKSolicitorJA replied 2 years ago.
You have every right not to trust the company.

All the best
Customer: replied 2 years ago.
Hi hopefully last bit of information , I have spoken to sainsbury,s and trhey told me that if I got a total refund from them Dyson would have reimburse them. So Dyson are dealing with it in house , does this alter my plans with insisting on a total refund down to health and safety concerns
Expert:  UKSolicitorJA replied 2 years ago.
Under the law, your recourse is against Sainsburys if you purchased it from them, not against Dyson.
If Sainsburys agree to give you a full refund, you should take it from them.

All the best
Customer: replied 2 years ago.
Sainsbury,s have been told by Dyson that they will deal with it and when I speak to Dyson they are saying that it's sainsbury,s problem and sainsbury s are saying its a manufacturing problem, so as you can appreciate I'm am starting to get a bit dizzy
Expert:  UKSolicitorJA replied 2 years ago.
Your statutory rights are against Sainsburys and they should know that. You may consult trading standards for confirmation of this.

Can I assist further?
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Yes I am happy to rate you, sorry for delay
I am still a little bit groggy from the runaround trying to actually is responsible.
Kind regards
Terry

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