12 week old washing machine faulty

natalie1974

Hi ,

I bought a washing machine from B & Q at the beginning of August , was only £170 as in the middle of moving house and already have another machine at my other house which I still own and my partners lives in so needed the machine there as well .

Anyway approx 2 weeks ago it started to come on when it wanted to , rang B & Q who said it had to be repaired . Engineer came out today and said that he doubts very much he will be able to get the part to fix it as its an own brand (CELCUS) and they could never get hold of their old own brand parts (PABL) and I should just get a refund as I have had to get my other machine down here now as I have a baby with severe reflux (vomiting) .

Just spoke to B & Q who said basically tough luck and to write off my £170 and put it down to experience and never buy a cheap machine again !

Can someone point me in the right direction please as to what is the "law" about this and where do I stand legally about refund/replacement as I thought goods had to be fit for the purpose to be sold .

Many thanks

Sooler

http://www.consumerrightsexpert.co.uk/FaultyGoods.html
If a fault appears after that nebulous "reasonable time" has elapsed, don't despair. If it's in the first six months, and it's not because of fair wear and tear, accidental damage or misuse, then the retailer must still repair or replace the item. If he demurs, he has to prove the item wasn't faulty in the first place, or that it couldn't be expected to last that long. Often he'll choose to replace rather than repair it.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Sale of Goods Act Fact Sheet

Subject:

Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation:

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

Optimist

Get back onto B@Q and speak to someone other than the idiot you previously spoke to and with the information Sooler has provided although they shouldnt really need it. They should already be aware of their responsibilities

natalie1974

It was the manager of the store who said that , also there was a profit manager of some kind in who said exactly the same and backed the manager up saying tough titty !

Thanks for the advice , will go back down there armed with this

scullster

You're being fobbed off big time, utterly disgraceful! This should be a walk in the park for you, you have a case and you should win.

There's plenty of cases in this forum if you search for SOGA, or just search through posts I've made in the past because I've commented on practically identical problems.

• The store's response is legally ignorant (short and sweet).
• Under Sales of Goods Act, an item can be expected to fulfill its intended purpose for a reasonable amount of time - 12wks is absolutely disgraceful.
• At this point, I'd formally write to their Head Office advising that they are in breach of the SOGA, and that your are seeking free repair or replacement. As it is substantially less than 6mths old, it is their responsibility to prove the fault is not inherent and due to wear/tear or maluse. (If you have the names of the "managers", bloody well quote them in your letter, remain factual and unemotional but refer to their poor attitude and their ignorance of retail law basics)
• A fall back position may be your credit card company, they are equally liable (need to quote consumer credit act) though I cannot recall the threshold for such claims (it may be £200)
• You can then expect to take them to court - its good for the soul and will make you a hero on this forum.

Esqui

Engineer should have given you an authority to exchange if it can't be repaired. Bug B&Q until they get that for you

neviboss1

As usual another major retailer trying to shirk their responsibilities!

I magage a small independent electrical retail store, I can't believe how much us little 'uns' bend over backwards for customers,yet people still go to sheds to save a fiver!

I exchanged a kettle the other day for a customer,even though it was out of date by SEVEN months, because it was a model I still sold!

Ring your local trading standards tomorrow,and the citizens advice,have you gotthe B&Q managers name?

natalie1974

Yes I have the managers name . I will be going back down there armed with all this information and look forward to "having it out" with him !

Mankysteve

Phone head office 0845 609 6688 I would ring em before you write they normally quite good. Have you still got the receipt?. They don't necessary have to give you a refund but they should at least repair(within a reasonable amount of time) or replace. If you raise a complaint with head office(even other the phone) they'll bring it up if the Regional manger and the store will have to answer for it.

Sooler

natalie1974 wrote: »

Yes I have the managers name . I will be going back down there armed with all this information and look forward to "having it out" with him !

Ask him which of the sales Acts he intends to contest in court.
Then ask whether he has the authority to breach legal obligations on behalf of the company.



May be the repair department would be a better way of getting it resolved, although the the engineer was being helpful it's not your problem if they can't get parts. Have you got confirmation from the repair department that they are not able to repair it?


I would have thought they would be be aware of the legal requirements if they can't repair it.Ask them to repair, give them a week to get the part and then if they are not going to be able to get it, ask for a replacement or refund - what ever the sales acts say.

Also complain to HQ that information given by their store managers is in breach of the sales Acts.

scullster

OP - how did you get on?