Forum Replies Created
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Re: LG Dryer RC8003R Error BE
LG Technical advises a be fault to be either:-
Broken Belt or
Failed Safety Microswitch or failing that
duff main PCB.Send me your email address and I will forward the tech manual to you if you need it.
Jackal
Re: DW5FIIS tabletop dishwasher
Shirley Hi
You purchased this from the Argos Group whom refuse to release spare parts for sale to agents and consumers alike. There is stock of the spare parts in the UK but it is only to be used to repair units under warranty.
Your statutory rights in consumer law are now being of use to you. The appliance is either still under Argos’s warranty or just out of it so I would kick up merry hell at Argos and demand either it be repaired under warranty or exchanged.
Consumer Law states the unit should last a resonable period, usually defined as upto six years so a unit failing like this should still be protected.
Dont be afraid to use the law if necessary and issue a claim in the County Court to get their attention if they dont want to understand the law. Remember, warranties given on products are IN ADDITION to your statutory rights not INSTEAD OF.
If Argos want to be silly and restrict the spares necessary then you should use the law of the land against them.
Regards
Jackal
Re: LOFRA SPARES
I am the UK agent and still do some work for them via Italy so can still get spares if they are available but they are blo*dy expensive and the wait is typically 6-8 weeks from prepayment of order, and assuming it is in stock with them.
PM me if you want look into trying them for you.
Regards
Jackal
Re: 0800 Repair
I havent read your specific contract Mike, but I suspect its the same as the one I have as JTM Contracts/0800 repair dont write specific individual ones per Franchisee Agreement, it would be prohibitively expensive, minor changes such as name and postcode area are excluded of course. Oh yes, I have one, ask Quinto, Emma Steel, Paul Greenberg and Scott Palister whom I am. 😀
I didnt spend 4 years getting a first class honours in Law and work as lead council for a big 4 UK bank on Franchise agreements amongst other things, to know nothing about the subject but if you believe you know more than me on the legal points of this, then fine, I will bow to your experience.
I reiterate, I and I know others on here have seen and been the subject of franchise agreements which are not worth the paper they are written on. There is and never has been a water tight franchise agreement ever written, full stop, fact.
So if the directors of JTM decide to open a new franchise operation and lets say call it 0845 Repair, which your not a part of and have no franchise agreement for because its a separate company and enterprise and cease marketing the 0800 Repair operation in favour of this new one, exactly where do you think you stand with regards to the calls 0845 Repair generates? After all, JTM Contracts was the first incarnation of this so why create a separate entity and brand image of 0800 Repair and try to convert some of the existing JTM Agents to 0800 Repair Franchisees?
You admit your contract, like mine doesnt guarantee volumes of calls so they could in theory send you just one a month.
I am not saying JTM/0800 Repair are thinking of or planning anything of the sort, but it is always a possibility.
In defence of JTM/0800 Repair, not that I have to defend them, despite problems from time to time, which we all have, they have always treated me fairly and resolved any problems I have had with them. I dont expect dealing with them as 0800 Repair will be any different, but who knows what the future going to bring.
Mike no one is trying to walk all over you, but your instant hostility makes people wonder, if you cannot listen to advice (note I am not saying you have to accept it), and constantly come back with the “your way is the only way” type of attitude when the very real experience of others is different to yours then you will find few willing to help you, and beleive me, you will need help at some point. Dont burn your bridges is all i am saying.
Glad you dont need the advise and best of luck with your endeavours.
Jackal
Re: 0800 Repair
mikeday0800 wrote:
Oh please. How can they stick someone in my area. The area I cover is legally mine. Every call that drops in my area HAS to come to me.Mike please dont tell me your that naive as to actually believe that statement.
I have been around in this industry for many, many years and one thing I can guarantee you is that statement is wrong.
There are many on here whom have worked for many franchisees in the past and shafted by them accordingly. Your franchiee agreement will state that they cannot guarantee you a volume rate of calls, which is legal speak for no guarantee of calls coming to you.
They simply change the name of the contract and instead of sending you calls as the 0800 Repair franchisee they send them to the NewCo Agent in the area once known as yours. Anyone remember the Hoover Authorised Service Agents business transferring to the new GIAS Agents one evening and all the Hoover Agents getting right royally shafted.
I am not for one minute suggesting 0800 Repair are planning or even thinking like this, but if you think you have a legal binding contract to guarantee all calls in your area are always going to be sent to you, you are seriously mistaken.
mikeday0800 wrote:That’s how franchises work, you purchase the license for a designated area.
Actually no its not, in legal terms it provides you with an legal right to use licenced trademarks, to market that trademark and to use methods of work under the licening agreement.
Try and think of it this way, if you were say (and this is hypothetical) the frachisee for the B (Birmingham) post code area and the Royal Mail changed the postcode system due to expansion in the housing market, and rename the B postcode NB (North Birmingham) and SB (South Birmingham), your designated area as you put it would no longer exist, and guess what, without renegotiating your existing licence, nor does your agreement.
Jackal
Re: How long must you store an appliance before scrapping it
Guys it never ceases to amaze me that items like this are not covered in your basic terms and conditions of business. 😯
When goods owned and belonging to any customer are left with you or left at your property and therefore in your custody something in law called a “Bailment” is created. The owner of the goods in law is termed the Bailor and you become he Bailee.
You will notice the terminolgy and most likely will link it the the common term Bailiff which is well known to the general public. A Bailiff is a court appointee to enforce the terms of a Bailment.
In England and Wales, once a Bailment is created, the Torts (Interference with Goods) Act of 1977 comes into place via the perceived Bailment contract.
This act effectively deals with the manner in which goods can be disposed of and effectively sets out the minimum criteria for disposal of the goods, what happens to any profit made from the disposal of the goods and how remedies for failure to comply with the correct disposal of the goods.
So basically, goods left in the custody of the Bailee (goods left in the custody of s shop/retailer/engineer) by a Bailor (the owner of the goods) can only be disposed of after the the following have been complied with:-
1) A period of not less than 3 calendar months has elapsed since the original date of handover;-
2) The Bailee has served written notice by registered post to the last known address or the Bailor giving notice of the intention to dispose of the goods.
3) The Bailee gives notice of how to prevent such action being taken (ie to say pay this amount within 14 days of the notice), and
4) The Bailee gives notice of how they intend to dispose of the goods, i.e. via auction, for scrap metal, or otherwise.In Scotland, a similar situation exists but it is covered in Common Law, thus claims for breach can be dealt with as Criminal Offences. The main difference a part from the remove possibility of a prison sentence which isnt the case in England and Wales is the length of time before the Bailee can take action is reduce from 3 calandar months to 28 days.
In Northern Ireland, it is again similar to Endland and Wales but an oath must be sworn by the Bailee that thay have attempted to contact the Bailor to resolve it and the waiting period is as in Scotland 28 days.
The remedy for a breach of this Tort, is quite simple and applies to all three jurisdictions. Should the matter go before the Court, you will be required to restore to the Bailor goods to the original specification of the ones left with you. Note this is not a faulty or second hand machine, this is a NEW machine of similar specification to the one disposed of. So if they left a faulty 1000w cylinder cleaner with you, you will be required to replace it with a NEW 1000w cylinder cleaner. :eeek:
The majority of the above can be gotten round with ensuring your Business Terms and Conditions are correct and effective.
So to the original poster, if your based in England or Wales, your in breach of the Torts (Interference with Goods) Act 1977 and have therefore committed an offence in Law. The customer is entitled to a NEW replacement machine equilvalent to specification of the orginial faulty machine. Its time for you to talk nicely to the customer and see what she can get away with. Note, this is basic trading standards officers work and pushed to court, can involve some heft costs being applied to the case.
Gandh1
Theft is a completely different set of rules and again is Location specific. In England and Wales, surprisingly, a claim should be made via the Bailors household insurance if the item has been in your custody for 30 days or less. If 31 days or more, a claim against your own insurance should be made. If the Bailor doesnt have insurance, tough for them. If you dont, then its a personal claim made by the Bailor against you.Remember also, theft needs to be reported to the Police and crime numbers obtained for the above to work. Trying to get round the Torts Laws using this is perjury punishable by a prison sentence.
I hope the above helps.
Regards
Jackal
How long must you store an appliance before scrapping it?
What area if the country are you on. There is law on this subject but it varies depending on if you are in England and Wales or Scotland or N Ireland.
I cannot provide a definitive answer until I know where the place of business operates
Jackal
Re: In search of the fourth cord
Hmmm
I was watching the Servis thread at the time of his last post and literally 3 mins prior I noticed a user was watching the thread with a username pgreenberg.
If it is the same pgreenberg whom is ultimately Mike Days boss it’s an interesting coincidence I think, but I might just be seeing monsters in room
Jackal
Re: Servis UK (Antonio Merloni) Bust!?
Mike hi
My apology, I didn’t get the humour but I am glad you got what you were happy with.
Jackal
Re: Servis UK (Antonio Merloni) Bust!?
Mike
Only the rights to the Servis brand name have been sold. The brand name doesnt / could not owe you any money whatsoever, so no your not going to get paid by the new owners of the brand name.
I presume you are referring to either GBDar or Whitegoods Servicing or Merloni UK when you indicate you are owed money for working on previous Servis branded products. All three of the entities are now defunct and therefore no further payments will be forthcoming, however, I was a very large agent for all three of them and was paid in full, every single penny owed years ago, so I am at a loss as to why they didnt do the same for you.
Jackal
Re: Servis UK (Antonio Merloni) Bust!?
DrDill what have Beko got to do with Vestel?
As far as I am aware they are two completely separate companies!
Jackal
