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Anyone know the answer?!!

mamamia7 Avatar
6y, 10m agoPosted 6 years, 10 months ago
I bought a washing machine from tesco back in june 08 and it has just packed in. It is a servis machine and have found out by ringing them that they went bust in april 08. Tesco didnt notify me and didnt even tell me when they came to repair the machine a few months after. I cant get anyone to fix it now as cant get parts. Anyone know where i stand as Tesco didnt inform me and sold me it. Thanks
mamamia7 Avatar
6y, 10m agoPosted 6 years, 10 months ago
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Comments/page:
#1
Hope you had it for a bargain price
#2
imo tesco havnt done anything wrong, no law against selling things tht arnt made anymore, you should have researched the brand before buying it
#3
email/ring tesco and say that you feel under sales of good act it wasnt fit for purchase as should last longer see what they say
#4
you could try Merloni who were behind servis and see if they can help at all but even the whole company is close to going to the wall by the looks
#5
onlyme23
email/ring tesco and say that you feel under sales of good act it wasnt fit for purchase as should last longer see what they say


it was perfectly fit for purpose it worked when bought, just hope the OP didnt pay too much cos tesco havnt done anything wrong i dont think
#6
not got a leg to stand on, it's lasted 12 months and thats all they are guarenteed for. You may well be able to get it repaired though, you can get generic parts for washing machines.
#7
micoo
it was perfectly fit for purpose it worked when bought, just hope the OP didnt pay too much cos tesco havnt done anything wrong i dont think


well i for one would expect a washing machine to last for more than 18 months since this one hasnt i would say that falls under the sales of good act.. im no expert but dosnt hurt to try

consumer direct may be able to advise you if sales of good act would apply
#8
juiceblaster
not got a leg to stand on, it's lasted 12 months and thats all they are guarenteed for. You may well be able to get it repaired though, you can get generic parts for washing machines.


A 12 month guarantee is an extension of consumer rights not the be all and end all, but you wouldhave to prove bad manufacturing which is never easy
[mod]#9
onlyme23
email/ring tesco and say that you feel under sales of good act it wasnt fit for purchase as should last longer see what they say


That will NOT work.

You probably need to look at SGA "of satisfactory quality". It is not as clearcut as you make it out to be.

The onus is on you to prove that the washing machine was inherently faulty at the time of purchase. The burden of proof is reversed if you brought it to the attention of Tesco before the expiration of 6 months from the date of purchase.
[mod]#10
As a side note, it is not up to Tesco to alert you that a company is no longer trading.

If Servis had offered you a 12 month warranty that would obviously have expired.

Unless you can prove to Tesco that the washing machine is faulty then there is nothing you can do under the Sale of Goods Act 1979.

You have up to 6 years to prove the key elements of the "conformity of contract" were not adhered to.
#11
Out of interest what has gone wrong with it?

There seems to be parts available

http://shop.ukwhitegoods.co.uk/Washing+Machine+Parts/Servis.htm?osCsid=936d7464a7a24d01c884d871255443fe
#12
I'd concentrate on finding whats up with it and trying to get the parts from an aftermarket supply. Type the model number and problem into the google search and see if its a common fault - it could be an easy fix.

Hiding to nothing here with consumer rights. Good will from Tesco is as much as you could hope for but highly unlikely
[mod]#13
dcx_badass
So you honestly expect Tesco to look through who ordered what and let them know the status of the manufacturers finance?


Read the post correctly...

The OP bought the washing machine in JUNE 2008 and Servis went bust in APRIL 2008.

April comes before June, honest.

Tesco could have reasonably been expected to inform their customers. There is no requirement to do so, however.
#14
..hopefully you purchased it with your credit card .
yes the goods were guaranteed for 12 mth but then you don't buy a washing mashing expecting to replace it every year ..land fill disaster horror....
i digress ,..if the washer was bought using your credit card , then under section 75 of the consumer credit act , the expectation is that the good in fair use should last a reasonable time ..which is open to debate.Anyway the fact is the CCC is jointly liable for goods over value over £100 but less than £30,000 as they wouldn't have been party to the purchase arrangement if the goods were not fit for the intended purpose for a reasonable period of time & therefore you would not have been "loaned" the money temporarily for the sale if they didn't think so.
Anyway to cut a long story short I got £2000 back after 4 years as this "well known" specialist laptop company at staples corner had "gone" bust but happened to be trading under another name. At one point I was taking time off work to go down there with the faulty machine but after 6 repairs they still refused to give me a new machine & actually threatened me with trespass. I'm quite reasonable & decided that I would claim the money back from the CCC Initially Morgan Stanley dragged their feet but they refunded the money... and charged it back to the defunct computer company ..don't know how but they did. I had only used the creditcard once.. to pay for the computer & cut it up afterward but I was still able to get the refund.
Anyway I learned how important it was to buy expensive goods using a credit card even if you have the cash but I also learned never to spend £2000 on an Alienware/Clevo machine ever again just for the sake of avoiding obsolence!
Went out & got a Mac mini & a Dell screen..all told came to £600 ...never again ..£2000 for a computer!!
#15
magicjay1986
That will NOT work.

You probably need to look at SGA "of satisfactory quality". It is not as clearcut as you make it out to be.

The onus is on you to prove that the washing machine was inherently faulty at the time of purchase. The burden of proof is reversed if you brought it to the attention of Tesco before the expiration of 6 months from the date of purchase.


Under EU Directive 1999/44/EC 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU." Even better although, as in UK law if the fault is due to the consumer the the seller isn't bound by the guarantee, the burden of proof is not placed upon the buyer as it is in UK law after six months.

More info on the linky but it would certainly seem worth a try.

http://www.thisismoney.co.uk/bargains-and-rip-offs/tips-and-guides/article.html?in_article_id=487339&in_page_id=53954&in_advicepage_id=131

Best of luck

Mark
#16
http://www.servisuk.co.uk/#

Servis still seem to be trading and offering spares and repair. Not sure what relationship they have to Merloni Group or the previous Servis UK Company.
#17
just get it fixed or buy a new one... not worth the hassle.....Sale of goods act ...trading standards etc will mean/do nothing. just this time research the brand first and buy from somewhere that can provide aftersales. YOu need to prove it was faulty when purchsed and it probably wasnt.
#18
roj
just get it fixed or buy a new one... not worth the hassle.....Sale of goods act ...trading standards etc will mean/do nothing. just this time research the brand first and buy from somewhere that can provide aftersales. YOu need to prove it was faulty when purchsed and it probably wasnt.


Sense at last . You can prob get it fixed if not you can get a new one for around £200 simply not worth the hassle of chassing rainbows.
[mod]#19
Mildlytight
Under EU Directive 1999/44/EC 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU." Even better although, as in UK law if the fault is due to the consumer the the seller isn't bound by the guarantee, the burden of proof is not placed upon the buyer as it is in UK law after six months.

More info on the linky but it would certainly seem worth a try.

http://www.thisismoney.co.uk/bargains-and-rip-offs/tips-and-guides/article.html?in_article_id=487339&in_page_id=53954&in_advicepage_id=131

Best of luck

Mark


The directive has the same fundamental flaw that many will struggle with...the burden of proof with the consumer...it would be pretty difficult to prove that after two years.

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