Indesit taking me to court for £100 to fix washing machine that was under warrenty

koolcat99

Hi
My washing machine broke after 9 months, the seal came off the door. I called them. I could not find my receipt (I bought it from Makro). They told me that as I did not have the receipt and due to the fact that the seal was broken (possibly my fault they said) that they would advise me to take out the additional 2 year warrenty plan. The offer was £64 which would cover me for any breakdown including accidental damage for an additional 2 years. I took the warenty out. The guy came and fixed the machine and two weeks later I received a bill for £104. I called them, they told me that the machine was under a year old and that the two year warrenty only starts after the initial 1 year finishes..... And as I dont have a receipt I have to pay the £104. I have called many times arguing my case. I have been to Makro 4 times, they promised to send me out each time a copy of my receipt and have failed to do so. Now I have just received a lawers letter saying that I have 7 days to pay otherwise they will be starting legal proceedings.
What should I do?
One half of me says that just pay them and be done with it, but honnestly out of principle I just can't bring myself to do that!

HappyMJ

Demand that Makro send you a duplicate receipt ASAP then send that receipt to the people trying to claim from you.

If they do start legal proceedings you will win so that is a non starter for them as they simply won't do it. They are just using it as a threat.

How did you pay for the machine? Credit card, debit card, cash, cheque or some other way?

fluffnutter

For me the significant point is that you were advised to buy the additional warranty specifically because you were unable to prove when you bought it (because you had lost the receipt).

They've failed for two reasons:

1. Why sell you a product, ostensibly for a very specific reason, if that product doesn't cover you for that reason?

2. How can they argue that it hasn't started yet, i.e. won't do so until the year is up, when you (and they) can't prove when that year is up?

They've sold you something not fit for purpose, then tied themselves in illogical knots. What a bunch of idiots.

I'd write to them pointing this out, and advise that they need to make their mind up: Either the warranty's not fit for purpose (it doesn't start yet) in which case you refuse to pay because they missold it, or that it is fit for purpose therefore you expect the repair to be completed under warranty.

There are some other things you could do regardless of warranty, i.e. invoke the SOGA, but you'd have to prove that the fault was inherent (difficult to do seeing as it's already been fixed).

Let them take you to court for the money. Seriously - they're trying it on.

yangptangkipperbang

koolcat99 wrote: »

Now I have just received a lawers letter saying that I have 7 days to pay otherwise they will be starting legal proceedings.
What should I do?

Chuck the letter in the bin ! It's a bluff. The letter is what as known as a "blue frightener" as they are often on blue paper to make them look more official.
If they took you to Court they would lose and they know it !

Figment

koolcat99 wrote: »

Hi
My washing machine broke after 9 months, the seal came off the door. I called them. I could not find my receipt (I bought it from Makro). They told me that as I did not have the receipt and due to the fact that the seal was broken (possibly my fault they said) that they would advise me to take out the additional 2 year warrenty plan. The offer was £64 which would cover me for any breakdown including accidental damage for an additional 2 years. I took the warenty out. The guy came and fixed the machine and two weeks later I received a bill for £104. I called them, they told me that the machine was under a year old and that the two year warrenty only starts after the initial 1 year finishes..... And as I dont have a receipt I have to pay the £104. I have called many times arguing my case. I have been to Makro 4 times, they promised to send me out each time a copy of my receipt and have failed to do so. Now I have just received a lawers letter saying that I have 7 days to pay otherwise they will be starting legal proceedings.
What should I do?
One half of me says that just pay them and be done with it, but honnestly out of principle I just can't bring myself to do that!

They've confirmed the appliance is under 1 year old, therefore should be covered by the original warranty, irrespective of whether or not you can produce a receipt.

pinkshoes

They're contradicting themselves.

Just write to them (recorded delivery) stating that either the machine is over 2 years old and will be fixed on the warranty you took out (and thus you will not be paying the bill), or it's under 2 years old, and thus you are not paying the bill, as the machine is covered under the sale of goods act 1979.

fluffnutter

Figment wrote: »

They've confirmed the appliance is under 1 year old, therefore should be covered by the original warranty, irrespective of whether or not you can produce a receipt.

Yeah, this ^^. How come you've taken one sentence to say what I was trying to say in about 80?

arcon5

Ops rights under Sales of Goods Act are with the retailer, not indesit so this is a no go

melbell

arcon5 wrote: »

Ops rights under Sales of Goods Act are with the retailer, not indesit so this is a no go

Plus it was a b2b transaction as Makro sell to trade only

wealdroam

melbell wrote: »

Plus it was a b2b transaction as Makro sell to trade only

If Makro sell to a consumer, no matter what it says in their t&cs, then it is a business to consumer sale.
This is simply because a seller cannot deny a consumer their statutory rights.

koolcat99

They're contradicting themselves

Yes, its very frustrating on the phone, I did cancel the extended warrenty as the payment was over 6 months 10pound a month I think I only made one payment.
I will go back to Makro again, this time I will not be leaving without the receipt.
The letter is not on Blue paper its from Spratt Endicott solicitors.