Fergus Muirhead on consumer rights

Fergus answers money questions on Reporting Scotland and online

I'm Fergus Muirhead and I'm trying to answer any money or consumer problems you may be facing at the moment.

You can contact me by e-mail at [e-mail]

I will deal with a selection of your e-mails every second Monday on lunchtime Reporting Scotland, Scotland Live and on the BBC Scotland news website.

Fergus also has a consumer page on Twitter: http://twitter.com/consumerstuff

Question 1. I bought a Morphy Richards Electric Kettle from Asda on 1 December 2007. The lid has now broken and will not open or close. According to the instruction leaflet the kettle has a two-year guarantee and I have kept the receipt from Asda. My question is who I should return the kettle to - Asda the store whom my original contract is with or Morphy Richards the manufacturer? Preferably I'd return the kettle to Asda and get a replacement as opposed to having to box it up and return it to Morphy Richards and have to reclaim the cost of postage and packaging.

Ray Cowie

Answer. There are two issues to address here Ray. The first is where to take the kettle back to and the second is the length of time you have had the kettle. You could take your kettle back to Asda since, as you rightly say, your contract is with them and they are responsible for any fault with it. If the fault is within the manufacturer's guarantee period you could send it back to Morphy Richards and they will be liable as well. If you had purchased the kettle with a Credit Card, and it had cost more than £100 then you could have claimed against the credit card company as well. So you have three potential groups against whom you could make a claim if goods that you buy are faulty.

The problem you are likely to face is that the kettle is 18 months old and so Asda are likely to say that they won't be able to help you. Sale of Goods legislation says that if the fault occurs more than six months after you purchased the goods then it is up to you to show that it was there at the point of purchase, or that the goods should have lasted longer than 18 months. If you feel it is reasonable that your kettle should have lasted longer then you have an argument to make with Asda. They might suggest a repair, but that you contribute to it since you have had the use of the kettle for a year and a half. I'm sorry if this reply sounds a bit vague but legislation is vague for this sort of complaint and a visit to Adsa might result in a long argument. The manufacturer's warranty is likely to be your best route here since you say that it is for two years. Check the terms of the manufacturer's guarantee and if you feel that your breakdown is covered then you should send it back, and ensure that you ask them to repay any expenses you have for postage and packing. Since it is unlikely that the kettle cost more than £100 you would not be able to pursue the credit card option in this case.

Question 2. I purchased a new dishwasher from Currys in Dundee on 4 July 2009. I collected it a few days later and had it connected on Friday 10 July 2009. I was horrified to discover that my normal sized dining plates - 27.5cm - do not fit into the racks as the rotating arm hits the top of the plates. I also have some dinner plates a little smaller - 26.5cm - these fit but only five plates on one side as on the other side the rotating arm again hits the top of the plates. This was not pointed out to me and I feel that the machine is not fit for purpose. I had my family over (20 people) yesterday and had to wash all the dinner plates by hand. Do I have a legal complaint against the seller as this was not pointed out and even in the user instructions does not mention a size limit for plates? I have used it a total of four times to wash all the smaller plates used yesterday. I am going back to Currys today to see what they have to say but would appreciate any help from you.

Etta McAdam

Answer. This is an interesting question. The Sale of Goods Act says that goods you buy have to be 'fit for purpose', of 'satisfactory quality' and 'as described'. I understand from your question that the dishwasher is working and so I suppose the question we need to address is whether it is 'as described' or 'fit for purpose'. I'm sure Currys will argue that you didn't specify the size of plates you wanted to wash and had you asked they would have told you the maximum size that would have fitted in the dishwasher, and advised you to buy a bigger model if your plates were bigger than the biggest ones that would fit. You are not entitled to a replacement or refund because something doesn't suit you, or fit, after you have purchased it, but assuming that the dishwasher was not advertised as a 'mini' or 'small' or something similar then I would argue with Currys that you would expect a normal' dishwasher to wash 'normal' dishes and therefore it is not 'fit for purpose' and you would like a replacement. Let me know how you get on!

The opinions expressed are those of the author and are not held by the BBC unless specifically stated. The material is for general information only and does not constitute investment, tax, legal or other form of advice. You should not rely on this information to make (or refrain from making) any decisions. Always obtain independent, professional advice for your own particular situation.