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any advice on what to do?

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Hi All, looking for a bit of advice really.


i bought a washing machine from dixons in feb 09, we have had to call the manufacturers engineer out 6 + times so far (am even on first name terms with the engineer!) i bought it on credit card to make sure i was covered under section 75.
washing machine has gone wrong again today and i am in two minds on what to do,
do i get the engineer out again to repair, quite frankly im getting quite annoyed at it always going wong. it cost £400, our last machin was 180 reconditioned with no problems in 6 years!

or do i go back to dixons to try and get a refund / xchange for different model :confused:
may sound a bit blonde (especially since i worked in retail for 8 years and have a retail nvq :o) but am i right in thinking if the engineer has been out and fixed it, i wont be able to claim a refund for faulty goods?

thanks in advance
Can you see the mountains through the fog?
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Comments

  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You might want to also post this on the forum whitegoods,to see if there is a problem with the model.
  • Esqui
    Esqui Posts: 3,414 Forumite
    The fact that an engineer has been out does not automatically exclude you from getting a refund or exchange.

    The remedy they provide is up to them, however. Which techincally means they could send an engineer out a million times if it's fixed each time, and still be within the law. But after 6 times, it would make good sense to swap it (a lot of manufacturers and retailers would swap after 3/4 repairs) - and also, any repairs must be done without causing you significant inconvenience, and the more times it breaks down and has to be repaired, the more inconvenient that is.
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • Hi everyone, thanks for your replies,

    i called Dixons today who automatically put you through to the manufacturer, who said that unless the engineer condems it all i will get is a repair, i explained to the lady about the numerous times he has already been out and she said the same, when i mentioned the sales of goods act and about the item being fit for purpose she said this only applies to retailers ?? never heard that before?? so called through to a delivery line at dixons (they dont have their own customer service number apparantly) spoke to another lady who said my agreement is with the manufacturer *sigh* she has given me an email address for dixons customer services.

    esqui, would it have to be the same problem they have been called out for? the engineer has been out lots but each time (bar one) its been for different problems, this time its the lower balance weight (im pretty sure as can see a huge crack in it)

    i reckon by the year is out everything on the flaming machine will be replaced :mad:

    the thing that is worrying me is the 12month guarantee runs out in feb and feeling pressured to pay another £200 for the extended warranty

    edit *just got off the phone to the manufacturer, they said they dont have a guideline amount of times and engineer has come out, it all depends on what the engineer puts on his report* *sigh*
    Can you see the mountains through the fog?
  • superscaper
    superscaper Posts: 13,369 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Hi everyone, thanks for your replies,

    i called Dixons today who automatically put you through to the manufacturer, who said that unless the engineer condems it all i will get is a repair, i explained to the lady about the numerous times he has already been out and she said the same, when i mentioned the sales of goods act and about the item being fit for purpose she said this only applies to retailers ?? never heard that before?? so called through to a delivery line at dixons (they dont have their own customer service number apparantly) spoke to another lady who said my agreement is with the manufacturer *sigh* she has given me an email address for dixons customer services.

    esqui, would it have to be the same problem they have been called out for? the engineer has been out lots but each time (bar one) its been for different problems, this time its the lower balance weight (im pretty sure as can see a huge crack in it)

    i reckon by the year is out everything on the flaming machine will be replaced :mad:

    the thing that is worrying me is the 12month guarantee runs out in feb and feeling pressured to pay another £200 for the extended warranty

    edit *just got off the phone to the manufacturer, they said they dont have a guideline amount of times and engineer has come out, it all depends on what the engineer puts on his report* *sigh*

    At this stage put your foot down with Dixons. They're the ones liable under the Sale of Goods Act (even after the guarantee/warranty has expired, which is your agreement with the manufacturer and the rules they lay out are up to them since they're in addition to your consumer rights with the retailer). The guarantee is an agreement with the manufacturer but your consumer rights with the Sale of Goods Act is with the retailer.
    "She is quite the oddball. Did you notice how she didn't even get excited when she saw this original ZX-81?"
    Moss
  • thanks for your advice superscaper,

    i have sent an email ''gently'' reminding Dixons of the SOGA,

    lets see what they say....
    Can you see the mountains through the fog?
  • Valli
    Valli Posts: 25,471 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 November 2009 at 3:27PM
    your contract, as has been said, is with the retailer

    link here

    tbh I find it incredible that large retailers, who MUST be aware of SOGA STILL try to fob people of with the 'manufacturer is responsible' excuse.
    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
  • thanks for the useful link Valli,

    just another quick query, if Dixons say no to a replacement, can i claim on section 75?
    Can you see the mountains through the fog?
  • superscaper
    superscaper Posts: 13,369 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    thanks for the useful link Valli,

    just another quick query, if Dixons say no to a replacement, can i claim on section 75?

    Assuming they say no to everything (they're allowed to try repair first or even offer a refund instead), then you'd have to either pursue them through small claims court, or demand exactly the same thing from your credit card, as you mention section 75, they are equally liable.
    "She is quite the oddball. Did you notice how she didn't even get excited when she saw this original ZX-81?"
    Moss
  • Valli
    Valli Posts: 25,471 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just in case you do have to go to court log dates of breakdowns, dates of visits (hence number of days you have been without a working washer), days off work to wait in for engineer (if applicable) and dates/times/costs of phone calls etc, details of parts replaced
    It will add weight to your case.
    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
  • Re: SOGA - manufacturer is correct.

    As you're on first name terms with the engineer, I'd ask him to condemn it - tell him, with a smile, a cup of tea and a fig roll, that you're sick of the sight of him and your neighbours are starting to talk - please could he write off the machine.

    You're alternative would be to play merry hell with the retailer, you could even threaten to seek an independent engineer's view with regards to the machine and see if he thinks it should be written off, and if the engineer finds in your favour, threaten to pursue them for the costs of the engineer's assessment.

    And don't don't don't opt for the extended warranty - the additional level of protection it affords is only marginal above your statutory rights, I'd put the £200 towards a future washing machine instead. The additional cover it may give you is accidental damage or guaranteed replacement (depends on the T&C's but most folks will agree that you can continue to chase your retailer for up to approx 5y for a washing machine in the event of a fault through SOGA.
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