Want to take Indesit to Court / Rusting washing machine

mark101

My hotpoint washing machine just turned 2 years, it’s been rusting on the front fascia / panel for a while now & is getting worse. I will update with links to the reply letter I got from them.

http://i288.photobucket.com/albums/ll199/sparkyshark/hotpoint/IndesitReply.jpg

Rust Pictures
http://i288.photobucket.com/albums/ll199/sparkyshark/hotpoint/CIMG0651.jpg
http://i288.photobucket.com/albums/ll199/sparkyshark/hotpoint/CIMG0654.jpg
http://i288.photobucket.com/albums/ll199/sparkyshark/hotpoint/CIMG0655.jpg
http://i288.photobucket.com/albums/ll199/sparkyshark/hotpoint/CIMG0656.jpg
http://i288.photobucket.com/albums/ll199/sparkyshark/hotpoint/CIMG0657.jpg
http://i288.photobucket.com/albums/ll199/sparkyshark/hotpoint/CIMG0658.jpg

They are saying that it is not a manufacturing fault, it clearly is where do I stand. The sad thing is I have had other Hotpoint machines well beyond 5 years and NO rusting.

I would like to drag them to the small claims court, do I have a leg to stand? Does any of your washing machines display any rusting so early in its life?

PS: The first letter I got from them said it was accidental damage...

Cheers.

Steve_xx

Who did you buy it from?

maninthestreet

I would agree that one of those rust spots looks like it's a paint chip that has rusted. Does the washing machine still function correctly and work as designed? If so, I'm not sure you would have a claim, as it's still fit for purpose. Any claim you may have is with the retailer, not the manufacturer.

mark101

Steve_xx wrote: »

Who did you buy it from?

Direct from Indesit.

mark101

maninthestreet wrote: »

I would agree that one of those rust spots looks like it's a paint chip that has rusted. Does the washing machine still function correctly and work as designed? If so, I'm not sure you would have a claim, as it's still fit for purpose. Any claim you may have is with the retailer, not the manufacturer.

Yes all working correctly... after the drum was replaced in its first year. How do you explain the rusting elsewhere then? I still standby what I say that there is a paint problem with this unit. Never in my life has my previous washing machines rusted.

Valli

Have you contacted trading standards?

as a lay person (I wouldn't normally emphasise that in a post) I would guess that there is indeed a manufacturing problem because the rust is coming through at joints (I am 'ignoring' the 'door' rust here).

Are you able to take off the top and look at the situation on the other side of the front panel?

Have you sent them the photgraphs?

I would get the advice of trading standards and/or get a washing machine engineer out (we have an independant one locally I would ask) keeping a record of time/comments and cost and then write to them again requesting a replacement (though not necessarily brand new) machine.
If you do take it to court you are going to need an 'expert' to testify that it was caused by negligence during manufacture (ie incorrectly applied paint or something) rather than fair wear and tear.
Maybe the threat of court will be enough...because IF you win they will have to pay your costs (if such a judgement is made) - it would be far cheaper to settle out of court (for you too!)

HTH

mark101

Sorry couldn't get the quote to work this time

Have you contacted trading standards?

No I haven't do you think they can help..?

as a lay person (I wouldn't normally emphasise that in a post) I would guess that there is indeed a manufacturing problem because the rust is coming through at joints (I am 'ignoring' the 'door' rust here).

Absolutely, and it has been occurring for some time now. If you feel the paint with your hand towards the top it’s not very smooth, doesn’t feel right, which can only mean a bad paint job.

Are you able to take off the top and look at the situation on the other side of the front panel?

That could give them an excuse to say that I removed the top myself, I’d rather avoid removing/dismantling any parts.

Have you sent them the photgraphs?

Yes, they have the photos in colour and I said I would be taking them to court, the latest response back is as posted in the link. I am appalled with the level of service, I have always bought Hotpoint products and will never again.

I would get the advice of trading standards and/or get a washing machine engineer out (we have an independant one locally I would ask) keeping a record of time/comments and cost and then write to them again requesting a replacement (though not necessarily brand new) machine.
If you do take it to court you are going to need an 'expert' to testify that it was caused by negligence during manufacture (ie incorrectly applied paint or something) rather than fair wear and tear.
Maybe the threat of court will be enough...because IF you win they will have to pay your costs (if such a judgement is made) - it would be far cheaper to settle out of court (for you too!)

OK, I’ll call an independent washing machine engineer, will they be expert enough to provide a statement and I just take that to court with me? Will the expert also be required to attend court?

I’ll send the report to Indesit obviously before starting proceedings, but its apparent they are in no mood to change their mind.

What court costs are we talking about aside from the initial court fee, If I lose what costs would I have to pay on their behalf?

I'm sticking with my gut on this and based on my previous hotpoint machines something is wrong with the paint job on this machine.

Steve_xx

A washing machine engineer might not be the best solution to this problem. An engineer would be concerned with the mechanics. This is a more specialist area and you might do better to seek out the advice of a metallurgist.

mark101

maninthestreet wrote: »

I would agree that one of those rust spots looks like it's a paint chip that has rusted. Does the washing machine still function correctly and work as designed? If so, I'm not sure you would have a claim, as it's still fit for purpose. Any claim you may have is with the retailer, not the manufacturer.

I disagree, if your fridge freezer started rusting towards the top of door, are you telling me that you would just except that and because it's working internally you would not pursue and just accept the fault?

I have asked all my mates and none of their machines show any sign of rusting and theirs are far older too.

Steve_xx

mark101 wrote: »

I disagree, if your fridge freezer started rusting towards the top of door, are you telling me that you would just except that and because it's working internally you would not pursue and just accept the fault?

I have asked all my mates and none of their machines show any sign of rusting and theirs are far older too.

You are right. You should not have to accept the fact that a washing machine, when kept in normal conditions, will start to rust within two years.

Tozer

Sale of Goods Act 1979 - s.14(2) - satisfactory quality. This includes freedom from minor defects. The fact that the thing works is therefore not fatal to the claim. Due to the time that has elapsed, the burden of proof is on you.

However, your claim may only be for damages which would be a cost of repair.

Did you pay by credit card?