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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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D&G who I have my Gorenje double oven Insured with and paid

Customer Question

D&G who I have my Gorenje double oven Insured with and paid a higher premium to insure -- unable to repair oven . Said Gorenje oven not now available . Agreed to a replacement . On voice recording they say I agreed to the one delivered -- Indisit double oven . Delivered -- wrote on receipt -- received but not checked . It was installed by my Electricain family member whilst out . Rang to inform them --- approx 2weeks later after much discussion say have to accept it . They had given permission for me to use ( am OAP n needed to make meals) . Can recall saying " is the Hotpoint you are describing the same as my Gorenje " answered the same . The received Indecit double oven is of lesser value and quality ( approx £200 ) . It is a bottom fan oven whilst my own original was a bottom fan , traditional n grill. On one of the conversations I was told " go to Curries choose an oven and let us know the code " I have managed to source the same Gorenje as my own ( they were given this information ) . Was originally told "do not make them any more" . In good faith I believed D&G when the said the Hotpoint was the same as my own . It was compared on a computer screen by the replacement dept and ensured it was the same . It has caused me great stress . Have kept a written record of named D&G team dates n times . Requested 'voice recordings from legal dept . Could you give me advise . Thank you .
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What would you like to know about this please?

Customer: replied 1 year ago.
Do I have a fair chance of obtaining a correct replacement ?
What is the correct of doing this ?
Customer: replied 1 year ago.
Should have typed -- correct way of doing this .
Expert:  Jo C. replied 1 year ago.

When did you buy the oven?

Customer: replied 1 year ago.
Oven ordered as part of refurbished kitchen . Ordered 12/8/11 by late husband . Paid for on fitting 10/10/11.
Expert:  Jo C. replied 1 year ago.

And it has only just developed a problem?

Customer: replied 1 year ago.
Bottom oven door hinge replaced by D&G ins approx 8months ago . This fresh episode with top oven thermostat just developed approx 17/6/16 . Came to repair on 21/6/16 . That was when told "part not available due to Gorenje ceasing production . Letter to confirm it would be a replacement oven , followed by phone call to discuss a replacement . This is the voice mail D&G disputing . Told them several times just wanted it repaired . Repeatedly said not possible -- hence the Indicit oven that arrived . Now say have to accept this Indicit . On the call to discuss the replacement --- repeatedly told them my Gorenje had 4 controls at the top . A Hotpoint oven with 4 controls was described to me . The oven that arrived is an Indecit with 3 top controls ( ie bottom a basic fan oven with on/off switch) . I don't think D&G are aware of the oven delivered . An Indicit is an inferior oven with less bottom oven function . They have closed the file -- hence my requesting all the voice recordings to check myself . Hoping to take action to reverse the decision . It is now their legal dept that I have to negotiate with . It is like David and Goliath ! Do feel stressed and hoping you can advise me . Thank you .
Expert:  Jo C. replied 1 year ago.

Is it guaranteed for a number of years?

Customer: replied 1 year ago.
Not sure believe it to be 3 yrs parts . Could check Saturday from where originally purchased .
Expert:  Jo C. replied 1 year ago.

Thanks. That would be useful.

If this is a five year old oven then you are going to struggle to claim against them. The period of limitation is six years and a court could well say this has lasted a reasonable time.

Ovens are designed to last for longer than most products but that doesn't mean they are guaranteed for that long.

Unless you can show a clear manufacturing fault from the outset I'm afraid they would not automatically be liable under the SGA.

If you have a contractual guarantee then I would rely on that.

Can I clarify anything for you?