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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I sent my vacuum cleaner tor repair to Sebo UK, They had advised

Resolved Question:

I sent my vacuum cleaner tor repair to Sebo UK,
They had advised repair costs of £55
After examination Sebo advised a repair cost of £190 which is uneconomic. New cost only £230
Sebo refuse to return vacuum until £55 paid for non-repair
I am willing to fund two way postage but Sebo will not budge
This should be a non-problem as only the removable base unit is faulty but Sebo will not provide replacement base units. This means a strip down and internal repair at some workshop cost.
Do I have the right to insist on the return of my property and what cost should I pay
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Thanks for your question.

tdlawyer :

My name is ***** ***** I can assist with this.

tdlawyer :

How old is the vacuum cleaner please?

Customer:

It is 2.5 months old however this is a fault due to misuse

tdlawyer :

Did they say that if they couldn't repair they would still charge these costs to you?

Customer:

No they are willing to repair it but I the cost is too high. I would prefer to buy another new machine. So I have asked for the un-repaired machine to be returned. It will still be useful as a suction machine.

tdlawyer :

They advised repair costs to start with at £55 though. What I need to know is whether they promised to repair for £55 and just later changed their mind to £190.

Customer:

I didn't answer your second question fully so :- They said that they would still charge me for a full labour cost even if no repair was carried out.

Customer:

They advised repair cost of £55 prior to dispatch but I am not certain if they said just £55 or £55 plus parts. I have asked for a transcript of the call. I don''t know if they will provide the transcript yet. Later when they had my Vacuum they raised the price to £190.

tdlawyer :

So if the additional money to make it £190 (from £55) for the parts?

Customer:

Yes. The faults are inside the detachable base unit of the Vacuum. It is an upright. Realistically one third of the vacuum's value. However Sebo won't provide spareable base units. Should Sebo UK have told me that because of Sebo Germany's policy the repair could cost nearly as much a new machine. Then I could have chosen not to send the vacuum for repair. Am I not entitled to rely on their expertise.

tdlawyer :

They don't have to advise you which is the most economical thing for you to do. They just offer a service and it would be for you to work out whether it's the best thing, altough I appreciate they have the knowledge to know part costs and which might breakdown etc.

tdlawyer :

So in short, if they agreed £55 plus parts, then you're likely to be liable if they repaired it for that cost. If they told you there would be minimum cost to even look at it, then you're liable for the labour of £55 too. If they didn't agree the labour cost with you as a minimum before even telling you the cost to repair, then you shoudln't be liable for it, and would have an argument that they were to look at it and estimate a cost/quote before doing any work.

Customer:

Do Sebo UK have to advise me that the hourly cost of the repair has to be paid even if the customer decides against repair.

tdlawyer :

Yes, they would have to.

Customer:

I should add that I do think that I should pay postage and possibly the examination cost.

tdlawyer :

Yes, and the examination cost could be the £55.

tdlawyer :

And this is what they're asking for, no?

Customer:

I have a breakdown specifying that the £55 covers postage and labour for repair

tdlawyer :

But does it say that they charge this to inspect to start with (or that's a minimum amount you must pay regardless)?

Customer:

No Sebo UK did not say that the £55 was a minimum to inspect it nor that it was the minimum I had to pay regardless. The cost breakdown I have does not mention it as a minimum to pay

tdlawyer :

Then you could tell them you refuse to pay, as you have not instructed labour and parts etc. to be incurred.

tdlawyer :

You could sue in the small claims court for them to return the vacuum to you, or alternatively, pay to you the cost of having another second-hand cleaner (i.e. the market value of the vacuum).

Customer:

I have not made to position clear. No parts have been used. I stopped the repair when I discovered the cost. My problem is getting the un-repaired vacuum back

tdlawyer :

No, you did make the position clear, and I understood what you were saying.

tdlawyer :

I am trying to tell you that all this comes down to what you agreed.

Customer:

Thanks I am marking you OK

tdlawyer :

Thank you.

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