Washing Machine faulty Main Board 15 months - my rights?

Thomo2710

Hi there,

Basically i have a Indesit washing machine that was purchased in July 2010 - so 15 months old.

Its developed a problem by where it turns itself on!

Press the power button on the front to turn it off and within about 30 seconds it will turn itself back on!

My dad is a washing machine service engineer for a major UK company and diagnosed over the phone last night that the mainboard has developed a fault, he has seen it before on Indesit machine machines and is sure thats the case.

So now i am going to call Argos and see if they are prepared to help me.
But I know as soon as i say July 2010 they are going to say its outside the 12 month warranty and there is nothing else we can do but i know for a fact i am covered by the Sales of Goods Act that states items should last a satisfactory period of time - 15 months for a mainboard to play up is not satisfactory time!

Is there any other advice people can give me, any laws, rights etc that i may have, that i can recite to Argos if they refuse to do anything in an aid to get my machine fixed free of charge or replaced?

Thanks very much in advance

somethingcorporate

Given it is over 6 months old you need to prove that the fault was inherent. You need to get an engineer to provide a report confirming such.

Argos can then either give you a replacement / repair / proportionate refund.

Have you tried asking Argos yet? they may be feeling generous and save you the bother of getting a report.

Thomo2710

somethingcorporate wrote: »

Given it is over 6 months old you need to prove that the fault was inherent. You need to get an engineer to provide a report confirming such.

Argos can then either give you a replacement / repair / proportionate refund.

Have you tried asking Argos yet? they may be feeling generous and save you the bother of getting a report.

not yet - i am waiting fo rmy sister to dig out the recipet as she brought it us before i call them.
At the same time im trying to arm myself with info before calling into them.

So i need to get an engineer to write up a report at my cost?
I cant hassle Argos to send an engineer out at their expence?

If it was a door seal or something like that i wouldnt be too miffed but the fact thats its a mainboard that has lasted such little time i am prepared to fight for this.

somethingcorporate

At your cost but you can reclaim it from Argos (if the fault proves to be inherent). Surely your father can assist in finding someone suitably expert enough to write a report??

You could get Argos to send out an engineer but if they say it's "not an inherent fault" you are left in the same position having to find someone independent to support your claim that it is.

Thomo2710

somethingcorporate wrote: »

At your cost but you can reclaim it from Argos (if the fault proves to be inherent). Surely your father can assist in finding someone suitably expert enough to write a report??

You could get Argos to send out an engineer but if they say it's "not an inherent fault" you are left in the same position having to find someone independent to support your claim that it is.

Could you please carify exactly what is meant by "an inherent fault"?

He could write the report himself but being an employee of a company rather than an "independant" i dont know how this would stand up?

bod1467

"Inherent" means it existed at the point of sale but was not immediately apparent - i.e. it developed over time. Probable cause is a dry solder joint on the main board, or a component has failed.

If a fault is not inherent then it is due to user misuse or wear and tear. If it IS the mainboard then this is not a user-accessible item so misuse or wear and tear (unless the machine is used several times per day every day) is unlikely.

HTH.

Thomo2710

bod1467 wrote: »

"Inherent" means it existed at the point of sale but was not immediately apparent - i.e. it developed over time. Probable cause is a dry solder joint on the main board, or a component has failed.

If a fault is not inherent then it is due to user misuse or wear and tear. If it IS the mainboard then this is not a user-accessible item so misuse or wear and tear (unless the machine is used several times per day every day) is unlikely.

HTH.

THankyou for clearing that up.

The machine is used about twice a week at best!
Makes it even more gauling!

somethingcorporate

Even with use of twice a day I would suggest 18 months is not a suitable lifespan!

I doubt your father's report (unless acting on behalf of the company he works for, on headed paper etc) would be sufficient. Try the yellow pages if he does not know anyone locally.

Thomo2710

somethingcorporate wrote: »

Even with use of twice a day I would suggest 18 months is not a suitable lifespan!

I doubt your father's report (unless acting on behalf of the company he works for, on headed paper etc) would be sufficient. Try the yellow pages if he does not know anyone locally.

Yes i will try the YP as he lives in Devon and i am in the W.Mids.

Ill make initial contact with Argos and see how we go

Thomo2710

Just spoke with Argos who after passing me around 6 different people agreed that if i pay for an independant report to be written and send it into them, they will assess the case within 14 days and make a decision.

If claim is upheld they will refund the report and then repair/replace the machine.

I have a local company sending an engineer out to write a report tomorrow.

Ill keep you all updated.

Personally i cant see how they have a leg to stand on but let see how we go....

Thanks for all advice so far guys

Thomo2710

Right then - engineer has been and written a report to say he also agrees that the main board is at fault and is also a danger!

I have written the following letter, is there anything i should add/remove/edit before printing it off and sending it out?

My Name
X xxxx xxxxx Road
Town
County
Postcode

Monday 10 October 2011

Order Number: 8xxxxxxxx
Product Number: 4xxxxxxxx
Home Delivery Address: As Above

Dear Sir/Madam,
I write to you on instruction of your customer service team in order to obtain a free repair of my out of warranty Indesit IWB5123 washing machine purchased from yourselves on 7 May 2010.
The machine has developed a fault of where it will turn itself on even after the on/off button has been pressed to turn it off. Once off within 30 seconds it will turn itself back on and the Start/Pause button will flash green waiting to start a cycle.
I have had a report written from a local washing machine engineer who has stated that the main board is at fault and it is a danger!
As the main board is a non-user accessible part there is no way is can be faulty due to neglect or mis-use. Added to this the machine is only used twice a week at most!
The board has been deemed faulty and that will be due to a manufacturing defect and is no way an inherent fault from purchase date.

As you can see the machine was purchased on the 7 May 2010 – 18 months ago now and quite correctly falls outside of the standard 12 month warranty period.
However my machine and my purchase is covered by the sales of goods act which states that an item sold must be of satisfactory quality, which also includes it lasting a reasonable time.
There is no chance that the main board failing after 18 months is a satisfactory life span of such a major component of the machine. The machine is now dangerous to use and thus effectively cannot be used due to safety fears.

Please see enclosed the written engineer’s report of the fault and also an invoice for the cost of the report at which I have met to my own expense.

I kindly request that this report be read and a considerate decision be made to repair or replace my machine free of charge due to the nature of the fault under the Sales of Goods Act 1979. I believe this to be a reasonable request for a major machine failure in such a short life span.

I spoke to the following people within your service team who have advised me to take this route – all on the afternoon of Tue Oct 4th 2011

Katie – Argos Direct – 4.29pm
Samera – Domestic and General – 0115 976 6828 – transferred to from Katie – 4.32pm
Dominic – Argos – 4.36pm
Sheila – Argod Direct – 4.42pm

I have also spoken to Indesit who after describing the fault over the phone also diagnosed the main board as faulty – and who if you call them will be happy to repeat the diagnosis.
I don’t believe that such a major component of a machine should last such a short amount of time and as I entered into a contract with Argos when purchasing the machine from you, believe am entitled to expect Argos to arrange and pay for repair of existing machine or to replace the machine with either the same model or if unavailable a model which is of similar specification, under the Sales of Goods Act.

This letter has been sent recorded delivery – I ask that notification is made to myself of receipt of this latter within 5 working days and then a further decision on action to be taken also to be made within 10 working days from receipt of letter.

I also kindly ask that the £48 cost of the report which I have met at my expense is also reimbursed.

If you need to contact me further then please do not hesitate to call me on
07xx xxx xxxx

If unavailable please use
0xxxx xxxxxx Mon-Fri 9-5pm

Yours Faithfully

My Name