All I want is a decent cup of coffee

[coffee nut]

I'm trying to get an issue with my coffee machine resolved and am looking for some help. All I need (besides a decent cup of coffee) is for people to have a look at this Facebook page (which highlights the issues) and if you have any sympathy for the situation, then 'Like' the page. The theory being; the more likes I get, the more likely the supplier will be to become more proactive!

www.facebook.com/AllIWantIsADecentCupOfCoffee

Thanks for reading!

[Hurricane Puffrose]

Re: All I want is a decent cup of coffee

Hello and welcome to Legal Beagles.

What is the issue with coffee machine?
How long have you had it?
What are the company saying regarding fixing it? We might be able to help

[coffee nut]

Re: All I want is a decent cup of coffee

Thanks for the reply - bit of a long story, as these things tend to be.

Machine installed August 2010, kept breaking down; grinder and water filling faults. Many service visits and dialogue with the supplier; eventually changed the machine for the latest model.

New machine failed to make a rich and strong coffee despite adjusting as per manual. Also 'grinder lock' problems. Many more service visits, manual wrong also, eventually making a reasonable cup for a while, now more grinder problems.

Throughout this, the service appears to be quite inefficient - typically have to wait a couple of weeks 'until the engineer is scheduled to be in the area' and then they can only give a whole day appointment; when you add up all the service visits (about 14 in total), this has messed my schedule around considerably.

Have asked for this to be brought to the attention of their MD in the past and have even emailed MD - no acknowledgement from MD or that my concerns have ever had any visibility beyond customer service manager in the company.

During my last conversation with customer service, I gave them the option of keeping coming back until they can get the machine to reliably and consistently make a rich and strong cup of coffee or cutting their losses by taking back the machine and compensating me accordingly.

I'm getting fed up with communicating with them their way so I thought I might see a bit more responsiveness if I raised the visibility of the issue by giving updates on, and getting anyone sympathetic to the issue to 'Like', the facebook page: www.facebook.com/AllIWantIsADecentCupOfCoffee

[Hurricane Puffrose]

Re: All I want is a decent cup of coffee

is this a professional coffee machine or a "domestic" one?

I'm not a aftersales expert, but I will BUMP this thread for you so that the right person will see it. The more info we can get the better.
Personally I would not be a happy bunny if this happened to me, so

BUMP

the cavalry are coming hun Hold on in there.

PLEASE NOTE ADMINS: Have checked link via facebook, is not an advert.

[teaboy2]

Re: All I want is a decent cup of coffee

Thanks Puffrose for pointing me to this thread.

Coffee Nut - Firstly i strongly advise you from a legal prespective to take down the facebook page, as you could end up being on the receiving end of a law suite against you.

Secondly and this is what you need to do.

You need to send them a formal letter before action listing the faults and approximate dates of faults occuring and engineers coming out along with dates of previous letters email to them. Making it clear to them that the goods do not comply with section 14 sales of goods act 1979 subsection 2A and 2B as listed below:

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b)appearance and finish,
(c)freedom from minor defects,
(d)safety, and
(e)durability.

As such, and as the retailer/manufactuer has failed in their obligations to supply a product that is fit for purpose where you as the consumer has not be able to enjoy a reason period of quite enjoyment of the goods, they have failed to honour their legal obiligation under the sales of goods act 1979 section 14 and are in breach of warranty of contract which also puts them in breach of section 48B of the sales of goods act 1979. As such you now require a replacement that is in full working order and fit for purpose or a full refund and compensation for loss of income (total of £xxx.xx) as a result of the 14 full days in which you had to stay at home for the 14 times an engineer had to come out.

Work out what your wages, income would have been for those 14 days you had to stay home for engineer, and include it where i put the £xxx.xx.

Then at the end put. "You have 14 days to respond with a statisfactory reply or i may commence legal proceedings without further notice". Title The Letter in Bold "Letter Before Action".

[Hurricane Puffrose]

Re: All I want is a decent cup of coffee

thank you for coming in for me Teaboy.

[teaboy2]

Re: All I want is a decent cup of coffee

No problem Puffrose

[coffee nut]

Re: All I want is a decent cup of coffee

Thanks for the advice - although coffee nut thanking teaboy does seem a bit surreal!

On the Facebook thing, I'll heed your advice, but was thinking that I'm just sharing my experience with a group people in a light hearted manner. The supplier is able to post a reply and put their side forward, so it's probably getting no different treatment than if it went on Watchdog on the TV - except that it would be seen by more people on the TV.

Given that they've already replaced the machine once, do you think I'd be able to just ask for the full refund as personally, I have no confidence that they'll be able to supply a reliable machine.

Thanks again for your help.

[teaboy2]

Re: All I want is a decent cup of coffee

Hi CoffeNut

Nothing wrong with a teaboy lol.

The issue with the facebook page is that other party would be entitled to sue if they so wish. Yes your expressing your opinion in a matter of fact way and its that that could give grounds for libel, as although you may have had problems, its doesn't mean its widespread across the board, you may well and are likely to just be in a minority, when you consider the total units they have likely sold of these products. So far they is nothing untrue being stated about the company from what i saw at glancing over the last few posts and comments, though i did not review all comments, so i may have missed a libellous or derogatory comment, then the company could hold you libel for as administrator of the facebook page. Its not just what you say that matters as you would also be libel for comments made by others on your page. Now theres nothing worng with starting a facebook page so long as it not derogatory and damaging to the company via untrue statements or untrue generalisation of the company and remains a constructive debate that does not damage the companies reputation. Yes you set up the page to express you own disactisfaction with said company, but you could have done that by status upddate on your own page, instead of start a page which could be seen as a revengeful campaign against the company in general.

So its alwas a risk when it comes to setting up such pages, that you may get sued, hence why i advised you to close it as a precaution to protect yourself, before the company sees it and takes any action against you etc.

As for the refund.

Yes your entitled to a full refund and compensation for the income you lost for those 14 days waiting at home for the engineers as if the product had been fit for purpose and not faultly or breaking down all the time, you would have not incurred a financial loss for those 14 days.