Who to Take to Court? Any Advice Please

stuart_miles

Hi all, I purchased an LG washing machine last year in May, it's a top of the range model at £800.
I purchased as it had a large drum ( 11kg ) no other reason. To cut a long story short, the machine ( from day 1 ) completes its wash cycle fine, it then attempts to spin dry and fails 70% of the time with no pattern.

We have had three engineers out from LG to fix this, they have changed the motherboard twice. Still the problem persists.
LG are aware of this problem with the machine, it states on their trouble shoot guide " In this case add 1 or 2 several more similar items"

They are suggesting we add dirty washing and or clean finished washing to a load in wash"

I feel that it is now reasonable that we are offered a replacement model, so I phoned LG and asked for this, there reply was that they couldn't authorize this over the phone and an engineer will contact in 24 hours.

3 days pass and no contact. I have phoned this morning to be told that there is nothing wrong with the machine and therefore no further visits or replacement will be issued.

This is a nightmare as my partner has severe eczema and washing clothes and bedding is a very important part of keeping her skin it as calm as possible.

I have spoken to the retailer who have told me they are not prepared to do anything as LG have said there is nothing wrong.

So my question is... Who do I take to court, the retailer as it's them who took my money and in my opinion supplied something that does do what I paid for or the manufacturer on the basis of my 2 year warranty???
Thanks, Stuart.

stuart_miles

Just reading it again, even if we add clothes to the spin, it doesn't always correct the problem.

crazyguy

Go back to the supplier and tell them to resolve it under the sale of goods act,

stuart_miles

I have, and they have refused on the basis that Lg have said there is nothing wrong with the machine, neither are prepared to sort it out, should I take the retailer to small claims under the sale of goods act?

arcon5

Your contract is with the retailer not manufacturer.

After 6 months the onus is on the customer to prove a fault is inherent, so if the retailer don't do anything you will need to get an independant report of the fault.

It would be the retailer your claim is with, however unless you have proof of the above you have no case. If the fault is inherent they should reimburse the cost.

bris

You would need to get your own independant engineers report to back up your claim, then it would be the retailer you would need to take to court.

CHR15

Your contract is with the retailer, not the manufacturer.

Good luck.

EDIT} too slow.:cool:

crazyguy

As stated in the above post's if you are 100% sure that this machine still has a fault then seek a independent engineers report, if they can clarify 100% that the machine is faulty then yes by all means make a Small Court Claim.

However my suggestion here would be to write to the head office of the supplier first and outline your intentions with an engineer and a possible court claim and then give them a period of time ie: 7 14 days to respond in full before commencing with such an action.

SnowTiger

stuart_miles wrote: »

LG are aware of this problem with the machine, it states on their trouble shoot guide " In this case add 1 or 2 several more similar items"

I wonder if the weight of the load makes a difference? My washing machine, for example, will spin fast or slow depending on how heavy the load is.

Perhaps your machine doesn't spin if the weight of the load is below a certain threshold.

Hintza

The load isn't balanced and the OP needs to learn how to balance the load. All modern day machines are like this nowdays:-

Most modern washing machines now electronically monitor the motor during the slow distribution section leading up to the spin. If the load is out of balance, the motor shouldn't be allowed to spin. Typically, a modern washing machine will attempt to balance the load a certain amount of times, or for a certain passage of time, but if it can't, it will either reach the end of the program without spinning, or it will abort spin and turn off. (both scenarios leaving the clothes wet through) Some washing machines may allow a slow spin if the clothes are reasonably balanced, but then unless they settle down, it will not allow a higher spin thus leaving the clothes spun, but much wetter than normal.

stuart_miles

thanks for all your replies, my problem with getting an engineer is that technically they may no actual fault, it just dosn't do what it is supposed to do, wash !

It will not take half loads, which is really annoying but not my gripe, the problem is that it fails 70% of the washes regardless of how much is in the drum, it can be full or nearly full, there is no pattern to the fail.

I wish it would work, it makes life so difficult

Would it be worthwhile getting an engineer to confirm that it continues to fail?

Prior to this machine we had a new Bosch one which did fail every so often which is reasonable, 70% fail rate is not, surely?