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Consumer sales act and who is responsible, problem with sewing machine!
stevensan
post Thu, 12 Jul 2018 - 18:48
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Hello all. Previously had great help with problems here, so here goes again!

We purchased a sewing machine around two years ago for Mrs Stevensan from a shop in Stirling, Scotland. After negociating the price we agreed to buy on debit card for £7000. It wasn't until the debit card was out that he said he needed to phone the manufacturer to take payment as they were just the "agent".

When we got the machine home it did not work because the auto needle threader was not functional, and it immediately went back to the shop to be repaired. The problem was the needle threader had not been lubricated when manufactured. Three months later there was another problem that stopped it stitching, and again it went back for repair. A month later a 3rd problem appeared when the welded catch on the stitch plate broke.

It then worked fine until two weeks before the end of the two year manufacturers warranty, when it stopped working completely (wouldn't turn on). It is now back at the manufacturer for repair (Again) and they are blaming a blown power supply, which they are saying is our problem, not theirs. It has been used on a surge protector plug, and not one other electronic in the house has ever been damaged.

I want to reject the sewing machine entirely under the consumer goods act (?) as it is simply not fit for purpose. The shop in Stirling is refusing to do anything, as they say my contract is with the manufacturer (VSM) and VSM are saying they only needed to repair it while under warranty after which it is my problem. I don't agree with their interpretation as the product is an expensive, premium sewing machine. It should not continually break down (4 times in 2 years) and an item like this should be expected to work for many years.

So questions are:

1) Is my interpretation correct, and I should be able to reject it, for a full refund, under the consumer goods act?
2) Is the shop liable, or do I have to chase the manufacturer only? (I do not have an address for the manufacturer, as everything has been via the shop, who are now denying any liability and directing me to talk to the manufacturer)
3) I am currently living in England - can I use moneyclaim online, or as the shop is in Scotland do I need to go through the Scottish system/Sheriff court?
4) At the moment everything has been verbal and we've essentially reached deadlock, with neither the shop or manufacturer willing to do anything. Is my next step a letter before action, and if so should I be offering mediation (and if so, what?)

thanks in advance!

stevensan
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Posts in this topic
- stevensan   Consumer sales act and who is responsible   Thu, 12 Jul 2018 - 18:48
- - paulajayne   Post this HERE Far more expertise there. Free t...   Thu, 12 Jul 2018 - 18:55
- - southpaw82   The first question is: Was the machine bought in t...   Thu, 12 Jul 2018 - 19:15
|- - stevensan   QUOTE (southpaw82 @ Thu, 12 Jul 2018 - 1...   Thu, 12 Jul 2018 - 19:28
- - southpaw82   The next question is which country’s law applies...   Thu, 12 Jul 2018 - 19:33
|- - stevensan   QUOTE (southpaw82 @ Thu, 12 Jul 2018 - 2...   Thu, 12 Jul 2018 - 19:40
|- - PASTMYBEST   QUOTE (stevensan @ Thu, 12 Jul 2018 - 20...   Thu, 12 Jul 2018 - 19:44
||- - stevensan   QUOTE (PASTMYBEST @ Thu, 12 Jul 2018 - 2...   Thu, 12 Jul 2018 - 19:51
||- - southpaw82   QUOTE (stevensan @ Thu, 12 Jul 2018 - 20...   Thu, 12 Jul 2018 - 19:55
||- - stevensan   QUOTE (southpaw82 @ Thu, 12 Jul 2018 - 2...   Thu, 12 Jul 2018 - 19:58
|- - southpaw82   QUOTE (stevensan @ Thu, 12 Jul 2018 - 20...   Thu, 12 Jul 2018 - 19:46
- - southpaw82   I don’t believe you’re confined to using MCOL....   Thu, 12 Jul 2018 - 20:06
- - notmeatloaf   What company is recorded on your card statement? H...   Thu, 12 Jul 2018 - 20:42
- - southpaw82   Try the Consumer Ombudsman .   Thu, 12 Jul 2018 - 21:00
- - cp8759   I believe it's likely Scottish law applies. Re...   Thu, 12 Jul 2018 - 21:06
- - StuartBu   Scotland does have a Small Claims procedure- held ...   Fri, 13 Jul 2018 - 01:56
|- - henrik777   QUOTE (StuartBu @ Fri, 13 Jul 2018 - 02...   Fri, 13 Jul 2018 - 11:42
- - stevensan   QUOTE (southpaw82 @ Thu, 12 Jul 2018 - 2...   Fri, 13 Jul 2018 - 07:22
- - The Rookie   My thoughts are as follows 1/ The shop is clearly ...   Fri, 13 Jul 2018 - 08:44
- - stevensan   Once the sale had gone through, I received a recei...   Fri, 13 Jul 2018 - 09:17
|- - southpaw82   QUOTE (stevensan @ Fri, 13 Jul 2018 - 10...   Fri, 13 Jul 2018 - 11:27
|- - cp8759   QUOTE (southpaw82 @ Fri, 13 Jul 2018 - 1...   Fri, 13 Jul 2018 - 16:58
- - The Rookie   If they are in different jurisdictions I don't...   Fri, 13 Jul 2018 - 10:03
- - notmeatloaf   OP have you asked them to keep the power supply so...   Fri, 13 Jul 2018 - 11:42


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