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item under guarantee, faulty

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thelewisgang | 22:44 Sun 28th Sep 2008 | Law
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I bought a sewing machine nine months ago & it recently developed a fault. It was making this grinding noise when I was taking up the bobbin thread & also starting to sew. I rang the company I bought it from & they arranged for collection. A week later it was returned to me with no note inside to tell me what had been wrong. When I switched it on, low & behold the problem was still there but also all the illuminated display where I would chose the stitch design, stitch length etc was completely blank & 'dead'. I rang the company and they said I would have to ring again five days later as their technician was away. They stated that it must have been damaged in transit as it would have been working when it left their premises. I rang them again the following day to ask what fault had been found whilst they had it & after a pause, they informed me no fault was discovered - quite incomprehensible/
I obviously wasn't happy with this situation so I decided to ring trading standards to see about my consumer rights. They told me not to ring them again but to send a letter outlining my dissatisfaction. I done this and sent it off by recorded delivery and also emailed the company. That was at the beginning of last week and I haven't heard a peep. Trading Standards told me I was within my rights to ask for a replacement (but they don't have this model now!) or a partial refund (appears that as I have had the machine for over six months I would not be entitled to a full refund) but how on earth do I work out how much a partial refund would be? I paid �179 for the machine. Can anyone offer me any advice? thanks in advance.
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My Fridge/freezer just broken down after buying it just 4 months ago and thankfully I am not having to send it away

To me a partial refund would cover the cost of any repair plus something for the time and effort it has taken for you to call - include the cost of calls and stamps etc in your refund asking price. I would also say that if you don't hear from them in, say 14 days from the date of your claim, you will take further action
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hello pink-kittens & thank you for replying. I can understand what you are saying re the partial refund but I wouldn't have any idea how much the repair would be and if I get someone else to look at the machine, it would seem that I would then invalidate the guarantee as the company I bought it from could say this person had done the damage. Its a vicious circle really. I did actually contact a local guy who repairs sewing machines but he said he would definitely not even think about touching it as I would only be making more trouble for myself. I am going to ring Trading Standards again tomorrow, tuesday, for more advice. I haven't had an acknowledgment of my letter or email to the company. thanks again. I appreciate you taking the time to reply.
I can only suggest, you tell the firm that if matters are not resolved within the next 14days you will be placed in the position of then considering action through the County Court. Don't be positive and say that you will take them to Court just in case they say " O.K. do that" and you will be in a tight corner. However if you say that you are now considering County Court action, the ball is still in your field of play.

As I am not a Solicitor. I only hope that there is a Legal Eagle in AB who is able to give you a better suggestion than mine.

Trading Standards should be able to sort it out. However it does sometimes mean forcefully pushing them to take action to resolve matters.

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thanks Ron. I'll take on board what you have said and yes, I will be speaking to Trading Standards again tomorrow for more advice especially as I have seen on this company's website something which I believe to be "illegal wording". I appreciate your help. thanks a million Pat
Pat....I don't know if you are aware that 'Trading Standards' have an official website:-

http://www.tradingstandards.gov.uk/

Click the above; it might have some useful info for you; prior to your contacting by telephone its local office.

Best wishes.....Ron.
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thanks for posting a couple of days ago. Yes, I had contacted Trading Standards last week & they gave me some good advice. I still haven't received a reply to my email or recorded delivery lette (strange but Trading Standards say not to bother sending a letter R/Delivery but just to get a certificate of posting?!). Anyway, I wrote another letter last night and posted it by Rec/Del this morning (at least I will know, like the previous sent letter, that it was delivered as I checked on the royal mail website). I have now outlined all my complaint again and have stated I will give them 14 days in which to reply with the view of replacing or refunding my money. I hope to god that they act on this letter as I don't want to go to the lengths of the small claims court but then again, I will do if I have to. will keep you posted. thanks for your comments, I really do appreciate your help. bye for now! Pat (Lincolnshire)
Hi Pat....As I have said before, I am not a Solicitor; so take with caution any advice which I give. In fact, I am somewhat suprised that in this section of AB there hasn't been any comments from a' real legal eagle'

As I understand the law, a Certificate of Posting is only proof of posting; whereas Recorded Delivery does give evidence of the mailed item having been delivered. Evidence you may need if issues did go to Court.

I hope you can avoid Court action. However, you may already be aware that if you did pursue a claim through the County Court Small Claims Division,you could deal with the matter yourself without involving a Solicitor and his/her costs; because the amount of your claim would be less for than �5000. Furtheremore even if you lost the case ( which I hope you wouldn't) you would not be liable to pay any costs incurred by the party against whom you have taken action.

As always...Best wishes.........Ron.
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I was just about to post an answer for you when your message popped up. guess we must be on the same wavelengh. Anyway, good news! The company rang me this morning to say they are going to replace the machine for a brand new model, an updated model to the one I have. I should get it on Monday and just hope that it works ok. I am so grateful to you for your postings. oh, by the way, to save me posting again, the fitter for the blinds is coming tomorrow afternoon!!! things are looking up!! I'll let you know how that visit goes. all the best, Pat
Hi Pat ...Hope you've got the new machine......Check-out my reply about your blinds,,,..Ron
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Hi Ron. Yes, I have my new machine now & it appears to be working fine, thank goodness. Apologies for replying a little late but I've been without my email account for a few days as Virgin email service was temporarily unavailable. I will check out the blinds answer shortly. kind regards,Pat
Hi Pat...Absolutely great news about the sewing machine.

I have posted further comments to your question 'Vertical Blinds Fitting' (With a little difficulty...Hence my comments are duplicated on page two of the thread.)

I think you had difficulties posting on one occasion. Have a cheer that you have not been alone on that one.

Cheers.....Ron
Good evening Pat.......Perhaps I should have asked "What machine have you purchased?"

I have a 30/40yr old 'Jones' electric and if I am to continue making curtains etc.(my house certainly needs some new curtains) a more modern machine might be a worthwhile purchase.

For your info, my use of sewing machines goes back to the days of foot 'treadles' ; hand operated '***** crankies' and, this one you may doubt, 'knee operated electrics'....a system whereby a lever hung over the side of a dining room table to activate the portable sewing machine by a sideways pressure from the knee.

And you thought that this thread in AB had finally been sewn-up.............Ron
P.S......AB has put in asterisks for the word I used in my reference to hand operated machines. I think I can see why, because it began with the initial letter W and rhymed with Cranky.........Good to know that correspondence is being subjected to scrutiny.....albeit by a programmed computer......R
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hey, I'm glad its not sewn up on here yet, I enjoy your messages coming through. The AB strangely put asterisks on a message reply I posted weeks ago & I failed to understand why but maybe it could have been interpreted in some way! My new machine is the updated model of the one I had to return. Its a Necchi 681C but quite honestly although I have this machine working well, I wouldn't necessarily recommend this make now. Bernina is the best and when I was looking this was my lst choice but they are expensive machines but built to last. I have had several machines in my time!! Brother Innovis which was fine until I tried to sew thickish material. It didn't like that at all. I had a Frister Rossman which was a good machine but quite basic & then 'him indoors' bought me for our silver wedding some ??!!?? years ago (quite a while back now) a lovely machine that done absolutely everything....that was a Husqvarna Viking. That served me for many years till I dropped it & it messed up the computer programmes but sold it on ebay for quite a bit although it was stated as in need of attention. I do a fair amount of sewing, craft type stuff & sell some bits on ebay. Some of my favourites are the rather unusual peg bags which sell quite well. I'll be listing one in the next couple of days so if you type in my username on ebay which is pleasemayibuyit you will see them. make good pressies!!!!! bye for now, Pat
Hi again Pat.....Please don't be needled if we tell you that we appreciated your info on sewing machines,but didn't want to spend as much as you did; which we think was in the region of �200. Consequently we have been on-line and put in an order with 'Coopers Sewing Machines' for a Toyota model 2008 which is supposedly a brand new model for �89.95 without any delivery cost. ( RRP is alleged to be �299 and the firm has been operating since 1903.)

We only need a basic machine and,hopefully, we have had a bargain with a little bit extra to what we need. ( Providing we don't hit the problems which you did.) We were somewhat influenced by the name 'Toyota' because up until 5yrs ago we were into the Japanese manufacturer's Corrolla model cars. At the moment we have a 'Seat Leon' which is a really good motor , but we are at the age of feeling that perhaps a smaller car would meet our requirements. However, the question is" what"?.

Anyway, don't be concerned about our motoring needs because this thread has now become a sewing item which, happilly, we have cottoned onto.

Love....Viv & Ron.

P.S. .....Pumped into Ebay 'pleasemayibuyit' and, regretably, had the response "Search returned 0 items".....We'll try again tomorrow....V & R.
Hi Pat.......Here we are 'bobbin-up' again, but there's no 'presser' on you to comment; even if you have 'cottoned-on' to our 'needle-blunt' remarks. We really do stretch material to it's limit !! However we would wish you to know that this is Not a stitch-up.

Hopefully we will have our new machine on Friday of this week and will report back to you about our new toy--( oh-ta, did you say?!!)

Curtains for the moment.......Viv & Ron.

P.S.....We feel sure that there is still some thread for us to sew a bit more.
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hi Ron & Viv,
Apologies for late response to your replies. Have been "suffering" with a head cold for the last few days that now seems to be leaving me so I'm now back !

I had to smile re your comments about your new sewing machine. I actually bought mine from Coopers!!!!!!! Mindyou, my previous one, a Brother, I had also bought from them & had no bother at all & I'm sure your machine will be fine. Toyoto are a good make & I have a link somewhere for their machines which I will dig out & let you know the web address.I am sure it was actually this Toyota site that gave Coopers the elbow as I had posted on their sewing forum (didn't know at the time they specialised in Toyota machines). They were extremely helpful & I do believe after I had spoken to their helpline they had contacted Coopers to tell them to do something. It was all too much of a coincidence when I think about it.

As for my listings on ebay. If you open ebay home page & then scroll down to the bottom of the page & click onto "Feedback Forum" when that opens, type in my username pleasemayibuyit & press enter (or go or something!) it will ask you to copy a series of numbers & once you do that & press enter again it will open my a/c. On the right hand side click on 'items for sale' & you will see what is on there.

Right, will leave you with these blinding comments and hope to hear back from you with details of your new machine. all the best, Pat
Good evening Pat............Hope you get an e/mail to indicate that you have an answer....AB is having problems;

Last Friday we took delivery of our new toy (Toyota RS 2000 series-Single dial model) and today got around to testing the machine.

Everything seems to be o.k. but we doubt that it will last as long as our old Jones......which is still working, but really needs a few adjustments,(It's a matter of being in the right frame of mind to give it our attention.)

The new machine is claimed to have 21 stitch patterns but, unlike the Jones, it is not possible to produce an unlimited number of combinations which involve 'stitch length' and 'swing needle' functions'. The Toyota has only three 'straight stitches' (2mm;3.5mm; & 5m.) and the same number of fixed zig-zags; whereas the Jones can be minutely set for any straight stitch between zero to 5mm and, with its five zig-zag settings, the permutations are virtually unlimited; and can therefore produce 'satin stitches' of various widths.( Ideal for edging purposes.)

Nevertheless, the Toyota should meet our requirements which is mostly for straight stitching. It is certainly a lot lighter to carry and lift onto a table.( But then it would be....the Jones is mostly metal but the Toyota is predominately plastic. However the 'toy' does have the advantage of a 'free-arm' and came with a set of three scissors. ( We take with a 'small shot of sodium' that the machine has a RRP of �299 and the scissors are worth �40.; although they do seem to be quite good.)

We are certainly not cut-up about our deal and only hope that we do not hit the sort of problems which you had.

Incidentally, we have viewed your page on Ebay, but have reservations about becoming members of the Internet Trading site. You certainly put a lot of work into your Peg-bags and we feel sure that they must be worth more than what you get for them on E/bay.
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Hi Ron & Viv, nice to hear from you again & glad to know your sewing machine has arrived. Thank you for your comments about my ebay item. I know they are worth more than my starting offer price and some I have listed in the past have sold for �5 plus. I enjoy sewing as its my way of relaxing (other than sitting here & getting frustrated at my laptop doing odd things! - well, me, not the laptop!!)
I am going to ask a favour of you. I have had a bit of a moan at the answer bank recently (by email messages) regarding an answer I posted. They have answered each email but their response has been negative (would explain more). What I would need is for you to view the question & see what comes up when you click on the link I gave in the answer. Nothing too technical I can assure you. As this sewing machine question is well down the list now & unlikely to be viewed other than by you and Viv, can I take the liberty of giving you my email address & then I could explain all about the query I have. My details are [email protected] If you decide not to answer then I accept that I have make a mistake in asking you. bye for now, all the best, Pat

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