Broke Dishwasher - what are my replacement rights?

laticsforlife
laticsforlife Posts: 1,313 Forumite
Part of the Furniture 1,000 Posts
edited 20 January 2011 at 11:02AM in Consumer rights
I bought a dishwasher from Currys just under 1 year ago.

It broke and the repair company said it cannot be repaired, and they would tell Currys that.

Currys now have given me an 'uplift code' which effectively means a credit note for the same value as the item a year ago.

BUT, I bought it from Currys Clearance store and got £55 off the full price of £220, paying only £165.

As its a clearance store, they only have limited stock, and only had 1 slimilne machine (wrong colour), so I couldn't just swap.

The Manager in-store says I can either take another dishwasher from the store (for around the same price if they had one) or they can order me a new one from normal Currys stock, but I'll have to pay the difference (£35).

The exact model is no longer available, as it was Matsui and is now branded as Currys 'Essentials', although they do sell the same item under that badge, albeit at a higher price than what I paid (but £20 less than the price of the old model, hence the £35 I'm being asked to pay).

My question is to my rights. As it was only a blemished item (so in full working new order) that is why I got the discount, and why it came with the normal 12 month warranty.

Reading from the sale of goods act, it seems to say I am entitled to either of a repair, a replacement or a refund, and it is my choice which (I guess assuming all were available).

It can't be repaired (not convinced on this but lets not dwell on that), and my refund would be £165.

Can I insist on a replacement bearing in mind the blemished state of the original, and ask for the same model under the new badge (it IS identical), or am I only trying to effectively upgrade an A item to a New item?
I didn't do it, nobody saw me do it, you can't prove a thing! ;)
Quidco and Topcashback, £4,569
Shopandscan, £2,840
Tesco Double The Difference, £2,700
Thomson EU261/04 Claim, £1,700
British Airways EU261/04 Claim, EUR1200
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Comments

  • vuvuzela
    vuvuzela Posts: 3,648 Forumite
    My question is to my rights. As it was only a blemished item (so in full working new order) that is why I got the discount, and why it came with the normal 12 month warranty.

    Reading from the sale of goods act, it seems to say I am entitled to either of a repair, a replacement or a refund, and it is my choice which (I guess assuming all were available).

    It can't be repaired (not convinced on this but lets not dwell on that), and my refund would be £165.

    Can I insist on a replacement bearing in mind the blemished state of the original, and ask for the same model under the new badge (it IS identical), or am I only trying to effectively upgrade an A item to a New item?

    If they offer you a refund of the price you paid, then that is all they need to do. I'm fairly sure it's not your choice of which of refund, exchange or repair.
  • isplumm
    isplumm Posts: 2,211 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Reading from the sale of goods act, it seems to say I am entitled to either of a repair, a replacement or a refund, and it is my choice which (I guess assuming all were available).

    It can't be repaired (not convinced on this but lets not dwell on that), and my refund would be £165.

    Can I insist on a replacement bearing in mind the blemished state of the original, and ask for the same model under the new badge (it IS identical), or am I only trying to effectively upgrade an A item to a New item?

    Hi,

    As far as I am concerned it is up to the retailer to decide the method of fixing the issue - replacement, repair or refund - I am also not sure whether you can insist on a exact replacement - but as it is still under guarantee you might be able to?

    Mark
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • Doesn't sound as though I will be able to get a replacement without forking out the difference.

    I shouldn't complain really, as I'm getting the use of £165 against another years guaranteed item, but you have to try everything these days don't you.

    I may try and call their CS and see if they are daft enough just to replace it!
    I didn't do it, nobody saw me do it, you can't prove a thing! ;)
    Quidco and Topcashback, £4,569
    Shopandscan, £2,840
    Tesco Double The Difference, £2,700
    Thomson EU261/04 Claim, £1,700
    British Airways EU261/04 Claim, EUR1200
  • MCGONIS
    MCGONIS Posts: 699 Forumite
    edited 20 January 2011 at 9:07PM
    Hi. I know the ESSENTIALS slimline dishwasher is £199.99 in Currys. But the same one is £183.78 at Dixons. I know Currys and Dixons are the same company basically. Could you ask if you can get the applicance from Dixons instead maybe? That way you have less to pay out. Just an idea and you have nothing to lose by asking.

    Just as an aside, my mum and dad have the full size ESSENTIALS dishwasher. They have had it 6 months and it seems fine. It's almost identical to my INDESIT dishwasher. I wonder if they are actually made at the same place?

    Good luck anyhow and let me know how you get on. :)
  • MCGONIS wrote: »
    Hi. I know the ESSENTIALS slimline dishwasher is £199.99 in Currys. But the same one is £183.78 at Dixons. I know Currys and Dixons are the same company basically. Could you ask if you can get the applicance from Dixons instead maybe? That way you have less to pay out. Just an idea and you have nothing to lose by asking.

    Good luck anyhow and let me know how you get on. :)

    Nice idea. Actually I'm pretty sure that the clearance store has both Currys and Dixon written on it, and as I understand it the uplift is basically a code to get the store a credit against the sourcing of an item from a true Curry's, so I see no reason why they cant source from Dixons.

    Alternatively, I can get a refund and go into a local Curry's and get them to price match it for £183.78 less 10% of £16.21, so £182.17, less my £165 mean an outlay of £17 or so.
    I didn't do it, nobody saw me do it, you can't prove a thing! ;)
    Quidco and Topcashback, £4,569
    Shopandscan, £2,840
    Tesco Double The Difference, £2,700
    Thomson EU261/04 Claim, £1,700
    British Airways EU261/04 Claim, EUR1200
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    OP, I think you are doing well to get your full purchase price refunded.

    They could've offered a partial refund, taking into account the amount of use you have had from the thing.
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    No Currys do not price match internet retailers.
    Dixons is a internet only retailer and for purposes of price match won't be done.

    Also outside the reasonable timeframe for inspection, its really up to the retailer to decide what is most "Cost Efficient". Most times on large items its a repair as its much much cheaper, but they can choose and even give a "Partial Refund". The full £165 back is actually not bad, you can always ask the manager or duty manager to meet you halfway.
  • I will be going in later so lets see what I can get sorted.
    I didn't do it, nobody saw me do it, you can't prove a thing! ;)
    Quidco and Topcashback, £4,569
    Shopandscan, £2,840
    Tesco Double The Difference, £2,700
    Thomson EU261/04 Claim, £1,700
    British Airways EU261/04 Claim, EUR1200
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 21 January 2011 at 12:38PM
    Well post back what happens, and if Currys do meet you partway, I think another year's no problem warranty and a brand new dishwasher are well worth the £17.50.

    Edit*
    Just out of curiosity how did you find them in terms of speed of resolving the problem and your correspondence with them (Both in store & calls)
  • OK, I went into the Clearance store, and it is basically a DSG store so sells Curry's Dixons and PC World stock, but when she tried to order me the new item, it was the Curry's one at £199.99 AND they wanted £19.99 delivery. I said it would be much cheaper if I could get it from Dixons so can I have a refund and re-order.

    She said fine, and arranged for the old one to be collected next Weds, after which I go back into store and they give me a full refund.

    I then went home and ordered via Dixons for the £183.78 (but with a bit of Quidco, will make it net £178.27), so not bad for a years use, and a new item with warranty also with the same delivery date (It would not surprise me if it were the same van).

    As for service, the telephone is a bloody nightmare; they have too many different numbers and on each one you have to speak your product details including when you bought it. This worked fine the first time as the year had not passed, but once the real date had passed my purchase anniversary date, I really struggled to get the system to get me through to the right people as it assumed it was out of warranty.

    In-store they were, helpful, albeit a bit inflexible.

    You gets what you pays for I suppose. Pay peanuts and get monkeys.
    I didn't do it, nobody saw me do it, you can't prove a thing! ;)
    Quidco and Topcashback, £4,569
    Shopandscan, £2,840
    Tesco Double The Difference, £2,700
    Thomson EU261/04 Claim, £1,700
    British Airways EU261/04 Claim, EUR1200
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