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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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my name is XXXXX XXXXX i brought a candy washing machine at

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my name is XXXXX XXXXX i brought a candy washing machine at the end of october last year as my old one packed up myself and my partner went out and brought the candy machine but since we have had it all it has done is cause no end of problems which we needed engineers to come have a look at it , three weeks ago til this day it packed up and now candy will not come out til the middle of march and every time me or my partner phone every day this week its very disgusting and how they keep you on hold and the way they speak to us so thursday night my partner part exchanged it with currys for a new beko machine what do i do from now
What exactly would you like to know?
Customer: replied 5 years ago.

well due to the candy have been out to quite a few times and and now they expected me to wait til the middle of march for a engineer as we have to foster children aswell what do i do from now as im disgusted with the way they spoke to us on the phone etc as my partner has part exchanged it now with currys where do we stand

If you bought this item in October 2012 then you are within the first six months of purchase and so your sale of goods act rights are at their strongest.

However, the seller is entitled to satisfy themselves that faults do exist. Thats simple enough of itself,

The real problem here though is what remedy is appropriate. You have an automatic right to demand a repair or an exchange unless they can prove one or the other is disproportionate. You do not have rights to a full refund unless those remedies are not possible for any reason.

They are offering a repair but it cannot be done until march. Actually S48 SGA does say that any repair must be within a reasonable time but given that this is a fairly high value item and the middle of march is only two to three weeks away now their offer is likely to be considered reasonable I'm afraid.

If this visit fails then you could argue that they fave failed to repair and so you are entitled to a refund but the middle of march date is reasonable unfortunately.

I'm very sorry but I have to give you truthful information.
Customer: replied 5 years ago.
Thank you but we brought the machine from comet which now has gone bust so how will we get a refund or ought due to the fact it's it's three months old and in three months they would of been out four times in march which I think is very poorling
Thats a problem I'm afraid.

Unless you paid by visa your sale of goods act rights are lost.

You can still claim upon the manufacturers warrantee but then the protection of reasonable time would be lost.

If this is a manufacturer warrantee then the middle of march is very definitely a reasonable offer and you would not get more at court
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Customer: replied 5 years ago.
How will I get a refund I've just found a bank statement with the transaction on the 16 th October last year would like some advice on how to do this please
From whom? The company have gone under ?

I will be delighted to continue with this but please rate my answer.
Customer: replied 5 years ago.
Ive rated your answer and have given you a tip aswell , I ve got a bankstatement as proof of purshase but currys have machine what do we do from now
If you bought a machine from Comet then your SGA rights are against them.

Obviously that is a difficulty because they have gone under. You can claim against their assets but generally companies don't go under because their assets will pay the bills.

Sometimes companies are insured and you would have a claim against the insurers but I haven't heard that Comet were.

If you paid by visa then you have the same rights against your credit card company as you would against the seller so you could sue the credit card provider.

Failing all of that, you are left to rely on the manufacturer's guarantee. The guarantee is basically just a contract with the manufacturers that provides additional protection. You would need to read it carefully. Usually it just covers a repair and in default a refund and you are not there yet.

I'm not quite clear how you managed to part exchange this defaulting machine with another?
Customer: replied 5 years ago.
Its not a credit card it's a current visa card my partner brought a new one Thursday night , currys knocked off ten pound off the price as they take old applaince away so il need to look into the bits bout comet
That's another problem I'm afraid.

If you've part exchanged this machine for another then you will not be able to claim a refund as you have passed it on. They are entitled to the goods back.

In fact, some companies will not bother with that as they don't want the goods either.
Customer: replied 5 years ago.
If I contact currys and pay the ten pound back to them could I still get a refund
If they haven't removed the item and you resolve any dispute with curries over that then you can still enforce your SGA rights of origin.

Do be aware though that they are weakened anyway because comet have gone under
Customer: replied 5 years ago.
Ok il contact currys now then to try nd get it back so il contact my bank for a refund
You cannot claim a refund from your bank

You only have these rights if you paid by visa
Customer: replied 5 years ago.
Visa debit card which I used to purchirse the item
Visa debit is not covered.

It has to be a credit card.
Customer: replied 5 years ago.
Il take it il have to write off 280 ? Or what can I do next
Well, only what I suggested above.

It is unlikely that you would have a claim that can be enforced if the company has gone under and you didn't pay by visa I'm afraid.

You do still have the manufacturer's warranty.
Customer: replied 5 years ago.
Yes still have manufactures warranty but don't have the machine but still I would like at least half my money. Back due to the fact engineers been to it on many occanisions and in all it's been a right hassle
As I said above, you would need to check the guarantee to see what it covers.

You would still need the machine but probably you can negotiate that with currys.