Partial Refund query

[aproblemshared]

I have a sewing machine, nine months old & still under guarantee. This developed a fault so it was returned to the company I had bought it from but when it was returned, the fault was still there plus an additional problem with the display panel not working. After contacting this company & being told it must have been damaged during transit, it was obvious I was getting nowhere so last week I emailed them and then wrote them a letter to outline my dissatisfaction. I have heard nothing. I can see from the info pages that as I have had the machine for more than six months I could ask for a replacement but they no longer have this machine. If I ask for a partial refund how do I work this out? The cost of the machine was £179. I have used it regularly purely for my own use. I would not know how much it would cost to have it repaired and can't get it looked at by an independant sewing machine repairer as I believe this would invalidate my guarantee. As you can see, I'm confused so would appreciate any replies. thank you

[Celestine]

Re: Partial Refund query

Hello

I'd say that if a £179 sewing machine stopped working after only 9 months whilst still under guarantee, then you are entitled to either a fully repaired working machine or a full refund.

If it was 'damaged in transit' then one can deduce that it may have been damaged whilst being transported following repair back to your home address. It would have been wrapped and prepared for transit by the company and should not have been damaged if it was wrapped correctly. Again blame would lie with them.

I would send a new letter stating the full facts. Give them another opportunity to mend it if they offer, but ultimately if they fail or do not offer to repair, you should be seeking a full refund so that you can purchase an equivalent machine without faults. Keep copies of all correspondence and send everything recorded.

If they ignore your letter, send them an LBA (Letter before Action) warning them of intended legal action.

You will be protected by the Sale of Goods Act 1979 and as the machine was within the sellers own period of guarantee, you are well protected and I suspect they will pay up at this point.

At the moment they are playing the 'hope you go away' game. Show them that you won't and they will have to settle this matter.

Stick your letter up here if you need any help with wording.

btw....where did you buy the machine? From a shop or online etc?

Good luck

[aproblemshared]

Re: Partial Refund query

hello Celestine and thank you so much for replying. The machine was bought from a company specialising in selling sewing machines. I had seen their website for details but actually ordered it by telephoning them. When the machine was sent off recently for the repair, it was in its original box with the polystyrene packing inside so the machine was sitting snuggly. Unless their couriers actually threw it to the back of their van then I would not have thought it would get damaged. There was no damage on the box, well, just a small hole on one side, but very tiny. They should at least have had a 'handle with care' or 'fragile' sticker on the box. When it was returned & I rang them to let them know it still had this fault plus the additional problem with the display being blank they informed me no fault had been found although I put a letter in with the machine clearly outlining the problem. I have since spoken to someone who knows more about sewing machines than I do & they have said it should definitely not be making this grinding type noise when I take up the bobbin thread or when I start to sew but they cannot touch it as it would invalidate my guarantee but I would really like to get someone to listen to this noise just to give me their advice. I will write to them again tomorrow & hopefully will receive a reply.