New washer flooded the kitchen

beattie

i bought a indesit washer online from Currys they delivered it was plumbed in on exsisting pipes It flooded the kitchen first time and has ruined thd the floor The fitter said it had been dropped and the outer drum had to large holes in it ,so that is were the water kept coming out replenishing as it ran continualy .It also has a bent back frame rail . i just wanted to know my rights , i know they should change the washer i am going in tomorrow , its the floor are they liable The indesit fitter said it should never have been sent out in that state any help please Bweatrice

beattie

wrote to Currys and told them my thoughts and gave them 7 days to reply . No reply. What to do next .Surely i should be compensated, any suggestions

esuhl

Under the Sale of Goods Act, goods must be free from inherent defects and not cause damage. Since you've only just bought the machine, you should be entitled to a full refund or a new replacement (your choice). You can also claim for "consequential losses" (i.e. the cost to repair the flood damage and put your kitchen back into the condition that it was in previously).

Within the first six months, Currys must either accept any "reasonable" claim or prove that the fault isn't inherent (which sounds unlikely since the fitter said the machine was been damaged before you received it).

If Currys have ignored your previous letter, I would write another (and send it by recorded delivery). Write the heading "Final letter before action" at the top - a legal requirement before you can sue them (not that you'll have to - this will show them you're serious and know your rights).

Ask for them to exchange the machine for a new one (or give you a refund if you prefer) and to compensate you for the flooded kitchen. Ideally you should get a quotation on letterheaded paper from a professional who could undertake the repairs for you, and send Currys a copy. I'd give them 14 days to respond.

I'm not a lawyer (so don't take this as legal advice!), but that's what I'd do. You can read the full Sale of Goods Act here. Hope it helps...

beattie

thanks for a reply. The machine was changed within 24 hours , no problem there. .it was my kitchen floor which was flooded that i need compensation for i will send another letter
thanks Beatrice

esuhl

No worries.

If the worst comes to the worst, you can always make a small claim in the County Court. I very much doubt it will come to that, but it's quite easy to do, and you can start the ball rolling via the court's Money Claim Online website. (But don't do that till you've given the retailer ample time to respond and have sent a "final letter before action".)

Good luck!

beattie

great help .i will follow that lead and see what gives
thanks