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Want to take Indesit to Court / Rusting washing machine

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  • Valli
    Valli Posts: 25,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well if you are going to court you need someone's expert advice as to what has caused the damage - ie not you. A washing machine engineer would see a lot of washing machines and would be able to say that what you have got is not normal wear and tear if indeed that is the case.

    Try trading standards as they might be able to advise.

    As Tozer says you have the burden of proof - so you need some kind of expert to provide that proof. And that will cost you!
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • mark101
    mark101 Posts: 142 Forumite
    Tozer wrote: »
    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?

    I'm pretty sure I did, but would have to check to be sure.
  • mark101
    mark101 Posts: 142 Forumite
    Steve_xx wrote: »
    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.

    I had to look that one up "metallurgist" :). I'll take the pictures to the washing machine repair man & see what he suggests first then look into it further.
  • mark101
    mark101 Posts: 142 Forumite
    Valli wrote: »
    Well if you are going to court you need someone's expert advice as to what has caused the damage - ie not you. A washing machine engineer would see a lot of washing machines and would be able to say that what you have got is not normal wear and tear if indeed that is the case.

    Try trading standards as they might be able to advise.

    As Tozer says you have the burden of proof - so you need some kind of expert to provide that proof. And that will cost you!

    Cool, slim chance but if I lost, would the other party be able claim anything from me?
  • Steve_xx
    Steve_xx Posts: 6,979 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I've had close look at the pictures that you have provided.

    I note that the rusted areas seem to be around the place where you would put the soap powder into the machine. I wonder whether drips of water have spilled from the soap container into the crevice below and this may have caused the rust. Or, whether drips of water have fallen on the machine from another source above it and remained there for a long time, thus causing the rust?

    Similarly, where there is rust on the lower part of the door opening, it is likely that droplets of water could remain there for some while if after emptying the machine you do not wipe it clean? Soap powder products left in situ for any length of time can be corrosive.

    So before you contemplate bringing an action for this you need to consider if either this is due to your own negligence or whether you have at least contributed to the problem.

    I'm sorry if this sounds harsh. But you will need to have a robust claim if it is to stand srutiny. The rust looks fairly surface to me and you could probably clean it up yourself. But of course I understand how you feel if you were to say that you have looked after the kit, wiped it down properly after use, thus ensuring no drips remained on it etc. You would somehow need to demonstrate that.
  • Valli
    Valli Posts: 25,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mark101 wrote: »
    Cool, slim chance but if I lost, would the other party be able claim anything from me?
    Yes they would be able to claim their costs...
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    Valli wrote: »
    Yes they would be able to claim their costs...

    why not give the machine some rust treatment products a bit of sanding and a lick of matching rust proof paint, i should think most of these are available at car accessories places for under a tenner, i mean cars need to be rust proof and the variety of paints mean your bound to find a match. (krust is a good product not just for cars)

    im not saying you should let them get away with it but if you dont want to pay for an engineer and risk losing and paying their fees, then this is the option for you.
    Back by no demand whatsoever.
  • Hi just been checking the net for Hotpoint anyone with washing machines rusting problems and came across your post. I have had my Hotpoint Aquaries+ for 23month and funnily enough similiar to yours just below the plastic facia at the machine in the middle my Graphite machine has started to rust - all be it 3 little bits but rust it is. I have emailed Indesit but out of curiousity did you take it any further?
  • Ok, to me, the rusting is 'cosmetic' and does not stop the washing machine from working. If OP was to take supplier to court, they would need an engineers report. OP would also need to advise the supplier of their misgivings and give them an opportunity to put this right, though in the first 6 months, the onus is on the supplier, after this time, it is for the user to prove the fault is inherent.

    I am afraid, the cost of a tin of white enamal paint would be a darn sight cheaper than an engieers report.

    Tuff I am afraid.
  • Hi I have a Hotpoint Ultima WMD960 machine. It is just 2 years old and it has exactly the same problem. A single rust spot began appearing on the front of chassis around 2 months ago and is rapidly getting bigger. Now approx 4cm wide/1cm deep. The machine is under warranty still but having contacted hotpoint and sent photos they are saying the same - that it is not covered. I haven't asked for the machine to be replaced just for the rust to be repaired. Hotpoint have said that they will charge us £80 for repair. I find it unacceptable that an appliance that is only 2 years old is rusting let alone the fact that I am being asked to pay for a fault that is clearly a manufacturing problem with the paint job!
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