Washing Machine saga

Ellagirl

I ordered a washing machine Hotpoint WF321G from https://www.pickaproduct.co.uk on 7 January and was told it would be delivered on 17 Jan. It turned up but it was badly damaged so I refused it. They said as compensation they would upgrade it to the next model which was the WF541G and it would be delivered today. It turned up this morning BUT it was the WF541P :mad: which is the white version, not graphite and the WF541P is in fact cheaper than the WF321G that I originally ordered. I took it because it was my second day off work for this delivery but I've contacted them and they said they would refund me £20 and if I still want the graphite version they will arrange for it to be delivered instead.

Unfortunately I can't afford to take any more time off work as I have no more holiday left and I'm a single parent, so I really do need a washing machine. I have told them this and asked them to sort something else out. Oh and they also only deliver to my area on a Wednesday. :rolleyes2

Has anyone got any advice on what else I can do and where I stand legally on this situation?

ScottishSapper

Hi Ella

Legally you are protected under The Consumer Protection (Distance Selling) Regulations 2000. The bottom line to these regulations is that for a period of 7 days from the day after it was delivered you have the right to cancel and any sum paid by the consumer must be repaid as soon as possible and, in any case, within thirty days of cancellation.

I notice from their Terms and Conditions, they are up front about this. I also notice that they state there WILL BE A CHARGE OF £50, under the Regulations this appears to be 'legal'. HOWEVER, I think you have a case for having his waived - as the replacement they sent was not the model agreed on but in fact a cheaper one. (hopefully you made contact via email and have copies!!)

As to them only delivering on Wednesdays, I suppose that is acceptable in the first place with free delivery but in this case, the problem is not your fault, you are not returning them because you changed your mind, so they should work round you!!

Apart from the quote from the regulations, these are only my thoughts and hope they are helpful

furrypolka

The Distance Selling Regulations are great if items aren't faulty. If you return goods under these Regs within 7 days you are entitled to a full refund less the cost of returning the goods if the trader so specifies.

However as your goods are faulty, and now not as described, you can straight-out reject them under the Sale of Goods Act 1979 and the company should collect them at no cost and refund you in full.

The Sale of Goods Act states that goods must be of satisfactory quality, fit for the purpose and as described. It gives consumers a short period of time in which to reject the goods and claim a full refund (in cases like this, normally a few weeks).