Washing machine written off by comet

Pauls

Hi, To cut a long story short our washer packed up on the 12th August and we have been messed about for the last month and another comet engineer came out today and finally wrote the machine off (:j). We now have some 'replacement' paperwork which we need to take to the nearest store to arrange a new machine.

Does anyone know if we would be within our rights to expect a cash refund?? I only ask as for one, I NEVER want to deal with comets appalling 'customer services' again.

We would prefer to go to costco and collect a new machine tonight, we are a family of 5 with 3 kids under 6 years old, and one of those is still wetting the bed on a regular basis (so you can imagine the nightmare we've been having for the lat month). On top of that, costco have a fantastic reputation for dealing with faulty goods

aveylee

Unfortunately we would need the 'long story' to give you a definite answer.
Was the machine written off under the terms of the warranty?
Or was it written off under the Sale of Goods Act, as not being fit for purpose.
How long have you had the machine, and how long did it work before first breaking down?

If it was a 'warranty' then it depends on what the terms of the warranty say.
If under the SoGA then you should be entitled to a refund (by the manner you paid cash or to the Card you used).
In either case remember that they may try to get out of paying you a full refund if it is more than a couple of months old.
So it may be wise to wait and see before spending money on a replacement.

Pauls

aveylee wrote: »

Unfortunately we would need the 'long story' to give you a definite answer.
Was the machine written off under the terms of the warranty?
Or was it written off under the Sale of Goods Act, as not being fit for purpose.
How long have you had the machine, and how long did it work before first breaking down?

If it was a 'warranty' then it depends on what the terms of the warranty say.
If under the SoGA then you should be entitled to a refund (by the manner you paid cash or to the Card you used).
In either case remember that they may try to get out of paying you a full refund if it is more than a couple of months old.
So it may be wise to wait and see before spending money on a replacement.

OK, It' a hotpint machine, which we've had the since November 2009, it's been written off as unrepairable (by comet who 'own' the first 12 months warranty). They've now failed to repair it in 3 separate visits, and todays engineer has written it off, and given me some paperwork which I need to take to a store to arrange a replacement.

I guess need to find the t&c's for the warranty

fluffnutter

Pauls wrote: »

OK, It' a hotpint machine, which we've had the since November 2009, it's been written off as unrepairable (by comet who 'own' the first 12 months warranty). They've now failed to repair it in 3 separate visits, and todays engineer has written it off, and given me some paperwork which I need to take to a store to arrange a replacement.

I guess need to find the t&c's for the warranty

I wouldn't worry too much about the warranty, Pauls. A washing machine should reasonably be expected to last more than 10 months. Regardless of the terms of any warranty, you should be protected by the Sale of Goods Act (SOGA). As it is over six months, however, the onus will be on you to demonstrate that the machine's faulty but this should be covered by the paperwork that the engineer's supplied.

You're entitled to ask for your money back. You might be met with opposition but stand your ground. Mention the SOGA if it helps.

neilmcl

You can ask for a full refund but Comet are well within their rights to stick to a replacement, or if they do offer a refund they can in fact deduct a sum based on the usage you've already had.

fluffnutter

neilmcl wrote: »

You can ask for a full refund but Comet are well within their rights to stick to a replacement, or if they do offer a refund they can in fact deduct a sum based on the usage you've already had.

You see I thought that, i.e. a refund, replacement or repair was appropriate and that the seller could decide. But I googled, read the SOGA and couldn't find reference to that. In fact, it looks like it's the consumer's decision (not the seller).

Happy to be corrected though. Wouldn't want anyone to assume I'm right

Esqui

The consumer can ask for one type of remedy, the seller can reject if it will be disproportionately costly. Which in effect, allows them to choose - as I don't think anyone's going to put themselves through the pain of challenging it, and waiting for someone to get back with a cost analysis, instead of just getting a new machine.

On second thoughts, some people would

smcaul

Esqui wrote: »

The consumer can ask for one type of remedy, the seller can reject if it will be disproportionately costly. Which in effect, allows them to choose - as I don't think anyone's going to put themselves through the pain of challenging it, and waiting for someone to get back with a cost analysis, instead of just getting a new machine.

On second thoughts, some people would

That would be me then :j :j

Esqui

I wrote that, and then thought back to some other threads here!

smcaul

Well they would have to provide the costs without causing "significant inconvenience", consumer wins