Jammy007 Posted November 16, 2009 Share Posted November 16, 2009 I've recently purchased a fire from House of Fire in Bradford. Ordered over the phone on 16/10/09 and took delivery of it on 27/10/09. As the house is under going major renovations I didn't open the box until 05/11/09 and when myself, the builder & the gas safe (corgi) engineer opened it there was alot of damage to the rear of the fire. This damage has not been done in the house as its been under the stairs with the door closed. Gazco aren't willing to do anything as they are saying that the fire left their factory in mint condition. House of fire tried to claim the courier has caused the damage and they won't take responsibility as it is over 48 hours of delivery. So basically House of fire said the only option that is left is that they can try and arrange with Gazco to collect the fire and repair it at my cost. Stupid I know but I paid on the debit card as they wanted to add 7.5% surcharge for paying by Credit Card. Fire costs £1270 so that would have been £95! (obviously wish I'd paid it now). Surely I have some leg to stand on here? Been in touch with consumer direct who say I'm still covered under the sale of goods act as it is not fit for purpose. I now have to send a letter to the company and they have 14 days to respond. Does anyone have any experience of this type of palava or know how long it takes for consumer direct / trading standards to sort it all out?! Shops a country mile away from me aswell, as I'm from Cumbria. Anyone help or offer advice? Quote Link to comment Share on other sites More sharing options...
Chesterfield Posted November 16, 2009 Share Posted November 16, 2009 Have done a lot of reading of the sale of goods act recently myself. Consumer Direct are correct, in that the purchase of a new item entitles you to goods which are fit for purpose and also free from defect. They (the seller) has the option to refund, replace or repair the goods to a standard that meets with your satisfaction. You will have to write a letter, I would also put in acompanying photographs of the item, and also ask the people at trading standards (Consumer Direct) if they have an address you can send a copy to with your case number quoted at Consumer Direct. When you send the letter, ensure that you point out at the start that a copy of the correspondence has also been sent to Consumer Direct. The retailer will then know you arent going to be dicked about, and you have copied in trading standards. You may find that when they know they are not dealing with some mug, you will get a new fire. You may also find that they will stick to their guns and advise that in their contract of sale you agreed to a 14 day return period blah blah blah. Regardless of this, their sale agreement cannot overide the sale of goods act. If the goods are faulty, they are faulty, regardless of whether you unwrapped the item the day you got it, or anytime up to six months after the purchase. Get a letter written, pop photos of the damage in and send it to the company and trading standards. Quote Link to comment Share on other sites More sharing options...
nrenz123 Posted November 16, 2009 Share Posted November 16, 2009 I'n breif im pretty sure you can send it back under the distance sales of goods act. Quote Link to comment Share on other sites More sharing options...
Jammy007 Posted November 16, 2009 Author Share Posted November 16, 2009 Distance Selling is only valid for 7 days Quote Link to comment Share on other sites More sharing options...
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