Sales of goods act - urgent help or advise please

[newbie_77]

Dear All,

 

I have come across this site while doing some research for a court case takes place on the 10/10/12. Probably a bit late in the day but I was looking for some help, advice and support as I am representing myself.

 

I purchased a Siemens fridge/freezer in Sept 2008 which went faulty in May 2011 just outside it 2 warrenty. They inspected the appliance and found a fan needed replacing and that they had none in stock and had to be order it from Germany. There would be a week before they could come back to repair it. To cut a long story short, I was being charged a call out fee plus parts, which I refused to pay. The appliance cost approx £870 pluse £130 delivery. This was with a 20% discount and it was through their friends and family scheme.

 

I was just wondering what would be my main arguement? Not fit for purpose, durabilty? I had it repaired in the end (from another company) and have a report which states that the power to the fan was there but the fan was not working. The comapny that I used to repair the item, refused to stated that it was due to a malfunction in the component.

 

If anyone has any experiences with going to court or any advice, I would be appreciative.

 

Thanks in advance.

Edited October 8, 2012 by newbie_77

[MARTIN3030]

So can you just confirm,you have filed a Court claim that has a listing in less than 48 hours and have not done any homework in pursuing it ?

[MARTIN3030]

So what cause of action and reliance did you put in your POCS ?

[newbie_77]

Hi,

 

I have done my homework, I think I'm just looking for some reassurance and to see if anyone has any ideas to include that I may not have thought of! I have spoken with Consumer Direct and used the internet. Sorry not being a legal person, but what does POCS mean?

[MARTIN3030]

Particulars of Claim.we would need to see this in order to give opinions.

[newbie_77]

It was based on the sales of goods act

[MARTIN3030]

So how did the other side respond at the defence stage ?

[MARTIN3030]

What is the hearing on the 10th ?

Is it a trial or case management hearing or what ?

[dx100uk]

who are you taking to court under soga?

 

dx

[newbie_77]

They replied that they would defend the claim and even put in a counter claim for £89 for the non payment of the call out charge. On the 10th is the actual hearing. We tried mediation etc but they would not budge! Anyone free in the West London area who fancies popping along for moral support LOL. I'm well nervous now!

[newbie_77]

I'm taking BSH Home Appliances Ltd who took the order and deal with all their repairs, spare parts etc

[Last Of The Time Lords]

Hi, I am studying law at Uni at the moment although I don't study consumer law until January. That said, I have done contract law which touched on SOGA etc and I have access to some useful information. I found this case which was unreported but has similar circumstances to your problem. It demonstrates the principle of satisfactory quality and durability in my opinion.

 

Grant v Electro Centre Ltd

 

County Court (North Shields)

22 June 2006

Case Analysis

 

Where Reported

 

[2007] C.L.Y. 763

 

Case Digest

 

Subject: Consumer law

Keywords: Breach of contract; Consumer credit agreements; Debtor-creditor-supplier agreements; Durability; Joint and several liability

Summary: consumer credit agreements; debtor-creditor-supplier agreements; joint and several liability of credit provider for supplier's breach of contract

Abstract: The claimant (G) claimed damages for breach of contract against the defendant electrical goods retailer (E). G had purchased a high specification DVD recorder from E for GBP 276 in September 2004. The transaction was financed by credit from the second defendant finance company © under an agreement regulated by the Consumer Credit Act 1974. In August 2005, the DVD failed to work and G contacted E requesting it be repaired. E refused to do so unless G paid the carriage costs to E's premises. Thereupon G had the DVD repaired at his own cost and issued proceedings against E claiming damages for breach of the Sale of Goods Act 1979 s.14 on the ground that the goods were not of satisfactory quality, one aspect of that being durability under s.14(2B)(e). G also issued proceedings against C under s.75 of the 1974 Act on the grounds that it was jointly and severally liable for any breach of contract or misrepresentation by the supplier; in this case, E.

 

Held, granting judgment in favour of G, that E and C were jointly and severally liable to C for breach of s.14 of the 1979 Act. Damages of GBP 66 were awarded to G comprising GBP 47 for the cost of the repair and GBP 19 for transport costs in taking the DVD to and collecting it from the repairer.

Judge: District Judge Bullock

Counsel: For the claimant: In person.

[locutus]

how did the3 court case go 77?