Realised Wrong washing machine delivered after 2 years!

FreeSouriya

Hello all!!!

Need advice on my dilemna that concerns a washing machine/dryer which i bought on behalf of my brother two years ago, who at the time was a student abroad and who has only just come back.

I purchased the machine from curry's and paid extra for the 5 years insurance cover on a certain model washer&dryer. Up until two days ago the machine was in its box, and upon setting it up my brother realised that it had no dryer function!!

I know that time is meant to be relative but in this situation Im not sure what can be done seeing as for last 2 years my brother has been paying insurance on a different model and paid a bit more than the price of a simple washing machine.

Curry's were pretty much useless, and even the insurance company said there was nothing they could do and that we seemed to be complete idiots for not noticing the discrepency in models sooner!

I asked them that if it was possible to simply amend the model details in case something happens to the machine, as it wouldn't be the same one on the receipt or under the cover!

In essence it was Curry's mistake in the first place for delivering the wrong item (and also my mistake for not checking the item details) but Is there any way I can get to a solution? Do I have any rights even if 2 years have lapsed? Or can I try to get a refund on the extra insurance that was paid for the remaining 3 years?

Help!!!! and thanks so much for not laughing and thinking me a complete muppet

Thanks for advice!!!

JethroUK

1/ I had a new kitchen fitted and didn't notice they fitted the wrong washer/dryer until after they fitted it - they said i should noticed before they fitted it and wouldn't change it (Wickes)

2/ I wouldn't buy a calculator from Currys so good luck with that one

Valli

Whyever did you buy a washer for someone who wasn't going to be around to use it?

Hintza

Come on OP what do you expect them to do after 2 years?

CoolHotCold

As far as the insurance, or the WhatEver Happens, you can cancel it pro rata. So if it cost £250 for 5 years and you have used 2 years you can still get £150 back.

FreeSouriya

Guys, the only reason I bought the machine was that I was helping my brother settle into his new place and no sooner had we bought and sorted his place he had a last minute call to do his Phd so had to leave ASAP.

I've now learnt my lesson in checking ALL deliverable items and making sure they are the correct items. I was just thinking seeing as I'd bought the washer/dryer which costs more than a plain washer, that on the insurance they'd be able to switch one product number for another in case the blooming machine fails on us as well! Otherwise I could still try to get a refund on the remaining 3 years insurance.

Im heading to curry's again on Monday and just thought I'd try and see if anybody could give me some advice, but it appears my stupidity hasn't inspired anyone!!!

Thanks for your comments so far!!

somethingcorporate

I don't think you have any rights unfortunately, 2 years is more than enough time to spot this 'error'.

Good luck, you may find a manager to take pity on you!

DVardysShadow

Ok, any possibility the machine might have been switched on you after delivery? This might not help, it could change things a bit.

As the others say, no real chance of getting the error put right now. You are deemed to have accepted the goods. However, as I see it, you could expect the insurer to change the insurance over to the actual machine delivered. They will probably refuse - get it in writing. That opens the possibility of getting your money back for the insurance because the contract was frustrated - ie the machine they were supposed to insure was never delivered to you.

Although you are deemed to have accepted the washing machine as delivered, this is not based on doubt over your story - ie it is not evidence based - it is just the idea that you have accepted the goods. So with the evidence unchallenged, you are on stronger grounds over the insurance.

ThumbRemote

In contrast with most other posts on this thread, I believe you do have a case against Currys. Not under the Sale of Goods Act (which most posters seem to be referring to) but under simple contract law.

You paid for the delivery of product X. They delivered product Y. The contract is not complete.

The statute of limitations is 6 years, so you theoretically have another 4 years to claim....

The key question is how would you prove they delivered the wrong machine? Is there any serial number on it, or paperwork from the delivery? Can Currys provide anything? Is there a delivery note on the box still? Otherwise, how can you prove it in the small claims court if required?

DVardysShadow

ThumbRemote wrote: »

In contrast with most other posts on this thread, I believe you do have a case against Currys. Not under the Sale of Goods Act (which most posters seem to be referring to) but under simple contract law.

You paid for the delivery of product X. They delivered product Y. The contract is not complete.

The statute of limitations is 6 years, so you theoretically have another 4 years to claim....

Nice try. If Curry's had delivered nothing, it would stand.

But as Curry's are agreed to have delivered something, the issue revolves around acceptance. Curry's have been accepted as having performed their side of the contract for 2 years gone. And their failing is one which should have been noticed immediately. SO I would say out of time regardless.

fred7777

Hintza wrote: »

Come on OP what do you expect them to do after 2 years?

The OP should expect them to do nothing.

But if the situation was that the retailer had just realised the purchaser paid less than agreed then the retailer would be able to pursue the purchaser for the difference as it's within the statue of limitations.

So the retailer should at least pay the difference between the original model and the lower spec model they supplied. However getting them to do that may be very difficult.