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  • FIRST POST
    • Summer Dreams
    • By Summer Dreams 10th Oct 16, 9:22 PM
    • 45Posts
    • 12Thanks
    Summer Dreams
    Rusty cooker any rights??
    • #1
    • 10th Oct 16, 9:22 PM
    Rusty cooker any rights?? 10th Oct 16 at 9:22 PM
    Hi

    I bought a cooker from currys pc world online for £1000 a big range one it was on offer so bought it a bit before I needed Italy's have been having a lot of building work delays. I didn't open the package until a month after it was delivered as I did didnt want it to get damage and had no use for it. Upon opening noticed a load of bobbling around the dial area! I emailed them and they said nothing they could do as I should have reported it within 48 hours of delivery! I replied with a load of stuff about consumer rights act and not being fit for purpose and they said it says in their terms and conditions you should report within 48 hours nothing they can do!!!

    Been really busy with so much going on that I put it to the back of my mind and it's been a couple of months since then but I still haven't actually used the cooker. Anyway someone today said maybe it is a protective film on it! So I went into currys shop this morning and asked if that was likely the problem and they said yes, try taking the film off. So I went home and had a close look, if there was a protective film it was very hard to tell but there was a large bubble that seeemed loose, I managed to slide it away but all the paintwork came away revealing a load of rust underneath!! I immediately went back into the store they said their system was down but they'd call me back. Which they did and said even the manufacture wouldn't take it back as they only do after 7 days from delivery!!

    Not only is my dial area bobbly but there is a big chunk of paintwork missing now with rust showing underneath!! Do I have any rights! I haven't even used this cooker and I spent just over a grand on it!! Can anyone suggest anything??
    I've be
Page 1
    • agrinnall
    • By agrinnall 10th Oct 16, 9:34 PM
    • 15,626 Posts
    • 11,332 Thanks
    agrinnall
    • #2
    • 10th Oct 16, 9:34 PM
    • #2
    • 10th Oct 16, 9:34 PM
    It's important to know what you mean by "a month after it was delivered" - exactly how many days was it? 30 or less is good, more than 30 means taking a different tack. Ignore their bleating about 48 hours.
    • baza52
    • By baza52 10th Oct 16, 10:30 PM
    • 1,942 Posts
    • 1,901 Thanks
    baza52
    • #3
    • 10th Oct 16, 10:30 PM
    • #3
    • 10th Oct 16, 10:30 PM
    if its gone rusty it must be getting damp.
    Have you stored the cooker in a dry place?
    • Summer Dreams
    • By Summer Dreams 10th Oct 16, 11:03 PM
    • 45 Posts
    • 12 Thanks
    Summer Dreams
    • #4
    • 10th Oct 16, 11:03 PM
    • #4
    • 10th Oct 16, 11:03 PM
    Thank you for your reply.

    The cooker was delivered on the 29th June 2016, and I first emailed them on 29th July 2016.



    It's important to know what you mean by "a month after it was delivered" - exactly how many days was it? 30 or less is good, more than 30 means taking a different tack. Ignore their bleating about 48 hours.
    Originally posted by agrinnall
    • Summer Dreams
    • By Summer Dreams 10th Oct 16, 11:08 PM
    • 45 Posts
    • 12 Thanks
    Summer Dreams
    • #5
    • 10th Oct 16, 11:08 PM
    • #5
    • 10th Oct 16, 11:08 PM
    I don't know if it was rusty when it was delivered or it happened in the month before I opened it. Either way surely it shouldn't go rusty so easily??

    It was stored in my extended kitchen which had windows and doors already fitted. The builders knocked through in May and promised it would be completed in a matter of weeks so I went ahead and ordered everything. The builders have still not completely finished thus I haven't yet used the cooker. Having issues with them too, but that's another thread!!

    if its gone rusty it must be getting damp.
    Have you stored the cooker in a dry place?
    Originally posted by baza52
    • Zandoni
    • By Zandoni 11th Oct 16, 6:24 AM
    • 2,568 Posts
    • 1,375 Thanks
    Zandoni
    • #6
    • 11th Oct 16, 6:24 AM
    • #6
    • 11th Oct 16, 6:24 AM
    Just ask them to fix it under the years guarantee that came with it.
    • unholyangel
    • By unholyangel 11th Oct 16, 3:01 PM
    • 10,198 Posts
    • 7,357 Thanks
    unholyangel
    • #7
    • 11th Oct 16, 3:01 PM
    • #7
    • 11th Oct 16, 3:01 PM
    Thank you for your reply.

    The cooker was delivered on the 29th June 2016, and I first emailed them on 29th July 2016.
    Originally posted by Summer Dreams
    Then you were still within the 30 days for outright rejecting for a refund. Remind them of this (that you have 30 days to reject goods under the consumer rights act and they cannot try to restrict this in any way - doing so may amount to a criminal offence).

    129.The 30 day period begins the day after the latest of the following:

    The consumer obtains ownership of the goods (i.e. the consumer buys the goods) or, for hire, hire-purchase or conditional sales, obtains possession.

    The goods have been delivered.

    If applicable, the trader has notified the consumer that any actions required before the goods may be used (including installation, if needed) have been completed by the trader.
    Money doesn't solve poverty.....it creates it.
    • Summer Dreams
    • By Summer Dreams 19th Oct 16, 5:27 PM
    • 45 Posts
    • 12 Thanks
    Summer Dreams
    • #8
    • 19th Oct 16, 5:27 PM
    • #8
    • 19th Oct 16, 5:27 PM
    I've come to another dead end with this one!

    Currys told me to contact Beko the manufacturer who after asking for proof of purchase and photos of the rust then said.


    I can see you have reported rust to your cooker, however this is not something we are able to assist on as it is a manufacturing repair warranty you have with us.

    I apologise for any inconvenience regarding this.

    You can contact your retailers to advise as your consumer rights lie with them.

    Currys had previously said

    In the terms and conditions that you excepted at the time of purchase state that any damage to the product must be reported to ourselves within 48 hours of delivery. As it was 30 days before you reported the damage, we will be unable to offer a refund or exchange.

    Any idea what I can do next, my unused cooker is covered in rust!!??
    • Auntie-Dolly
    • By Auntie-Dolly 19th Oct 16, 7:09 PM
    • 898 Posts
    • 1,088 Thanks
    Auntie-Dolly
    • #9
    • 19th Oct 16, 7:09 PM
    • #9
    • 19th Oct 16, 7:09 PM
    Can't you tell them you've installed it and now it's gone rusty? Its a faulty item, not a problem with the delivery company.
    • Summer Dreams
    • By Summer Dreams 19th Oct 16, 7:51 PM
    • 45 Posts
    • 12 Thanks
    Summer Dreams
    I've already told them it was rusty and been into them so many times it's unlikely they'll buy that. Plus it's still in its packaging, I only opened it to inspect and get serial number!
    • unholyangel
    • By unholyangel 19th Oct 16, 8:04 PM
    • 10,198 Posts
    • 7,357 Thanks
    unholyangel
    I've come to another dead end with this one!

    Currys told me to contact Beko the manufacturer who after asking for proof of purchase and photos of the rust then said.


    I can see you have reported rust to your cooker, however this is not something we are able to assist on as it is a manufacturing repair warranty you have with us.

    I apologise for any inconvenience regarding this.

    You can contact your retailers to advise as your consumer rights lie with them.

    Currys had previously said

    In the terms and conditions that you excepted at the time of purchase state that any damage to the product must be reported to ourselves within 48 hours of delivery. As it was 30 days before you reported the damage, we will be unable to offer a refund or exchange.

    Any idea what I can do next, my unused cooker is covered in rust!!??
    Originally posted by Summer Dreams
    As I said above, remind currys under law you have 30 days starting day after delivery to reject goods that dont conform to contract. They cannot limit or restrict this in any way and to attempt to limit or restrict it may amount to a criminal offence.

    (1)A consumer who has the short-term right to reject loses it if the time limit for exercising it passes without the consumer exercising it, unless the trader and the consumer agree that it may be exercised later.

    (2)An agreement under which the short-term right to reject would be lost before the time limit passes is not binding on the consumer.

    (3)The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

    (a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

    (b)the goods have been delivered, and

    (c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.
    http://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted
    Money doesn't solve poverty.....it creates it.
    • Summer Dreams
    • By Summer Dreams 19th Oct 16, 8:30 PM
    • 45 Posts
    • 12 Thanks
    Summer Dreams
    Ok, but both currys and beko are saying there's nothing I can do, try the other company. I actually copied and pasted what you said but still no luck. What's the next step if they won't do anything?
    • unholyangel
    • By unholyangel 19th Oct 16, 8:49 PM
    • 10,198 Posts
    • 7,357 Thanks
    unholyangel
    Letter before action to currys - or a section 75 claim if you paid with credit card/finance.
    Money doesn't solve poverty.....it creates it.
    • Summer Dreams
    • By Summer Dreams 19th Oct 16, 9:09 PM
    • 45 Posts
    • 12 Thanks
    Summer Dreams
    Thanks. I paid using my PayPal MasterCard, so using money I'd saved by selling unwanted stuff on eBay! Not sure if that gives you the same rights?!
    • unholyangel
    • By unholyangel 19th Oct 16, 9:39 PM
    • 10,198 Posts
    • 7,357 Thanks
    unholyangel
    Thanks. I paid using my PayPal MasterCard, so using money I'd saved by selling unwanted stuff on eBay! Not sure if that gives you the same rights?!
    Originally posted by Summer Dreams
    Wont hurt to ask but I'm not sure if paypal are registered in the UK/subject to FCA regulation and paypal tends to complicate matters. There does need to be a debtor > creditor > supplier chain - sometimes using paypal can break this chain if you (for example) sign in and pay via your account rather than paying by card without signing in (because when you pay via your account, the chain is debtor > creditor > paypal > supplier). If paypal just act as a merchant service (like streamline - enabling the retailer to take the payment) then s75 should still apply.

    However trying a section 75 claim wont cost you anything and (if they are subject to FCA regulation) you can also refer your claim to the financial ombudsman if the bank reject it (again not costing you anything).

    So might be worth looking into.
    Money doesn't solve poverty.....it creates it.
    • Jamiesmum
    • By Jamiesmum 19th Oct 16, 9:52 PM
    • 309 Posts
    • 362 Thanks
    Jamiesmum
    Tiles, a sink and a cooker?? Lol. A bad plumper + a bad tiler ?

    Not feeling too lucky then?

    Lessons need to be learnt. Check things over when you buy/receive them.
    • Summer Dreams
    • By Summer Dreams 19th Oct 16, 10:05 PM
    • 45 Posts
    • 12 Thanks
    Summer Dreams
    Delays in building work meant I thought the cooker would be safer in the packaging. The problem with the sink didn't occur until it was being fitted, which was delayed due to builders not turning up! Another story! It wasn't the tiling that was the problem it was the bathroom fitter drilling into them! I guess problems are to be expected with most projects but yes feeling rather unlucky and depressed over the whole thing!
    • Summer Dreams
    • By Summer Dreams 19th Oct 16, 10:08 PM
    • 45 Posts
    • 12 Thanks
    Summer Dreams
    I paid using the balance in my PayPal account but using the repaid (with PayPal credit) MasterCard they provide so you can spend the balance in your PayPal account to buy things from places that don't accept PayPal!



    Wont hurt to ask but I'm not sure if paypal are registered in the UK/subject to FCA regulation and paypal tends to complicate matters. There does need to be a debtor > creditor > supplier chain - sometimes using paypal can break this chain if you (for example) sign in and pay via your account rather than paying by card without signing in (because when you pay via your account, the chain is debtor > creditor > paypal > supplier). If paypal just act as a merchant service (like streamline - enabling the retailer to take the payment) then s75 should still apply.

    However trying a section 75 claim wont cost you anything and (if they are subject to FCA regulation) you can also refer your claim to the financial ombudsman if the bank reject it (again not costing you anything).

    So might be worth looking into.
    Originally posted by unholyangel
    • unholyangel
    • By unholyangel 19th Oct 16, 10:16 PM
    • 10,198 Posts
    • 7,357 Thanks
    unholyangel
    I paid using the balance in my PayPal account but using the repaid (with PayPal credit) MasterCard they provide so you can spend the balance in your PayPal account to buy things from places that don't accept PayPal!
    Originally posted by Summer Dreams
    Section 75 wont apply if there wasn't any credit involved. Chargeback might but I'd be dubious on its chances given its reliant on the retailer not contesting it (which I fully expect they would).

    However like section 75, chargeback will cost you nothing to try and can also be referred to the financial ombudsman at no additional cost if the bank reject your chargeback.
    Money doesn't solve poverty.....it creates it.
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