Faulty Washing Machine No Refund No Exchange

Barneysmom

I'd be interested to see if there's a PAT test been carried out on it, or anything else he's selling, look for the stickers - don't let him know that

damtheman

Barneysmom, there was no other stickers than manufacturing stickers on the machine, nor any other that I had seen in the shop.

The chap had since called me this afternoon to tell me that they have done their tests on it and its working perfect as they sold it to me.

Given their track record I am not inclined to have it back.

I'd much rather have my money back and not an exchange and forget the whole thing. Worth ignoring his request for me to come by this afternoon and retrieve it? And then approach TS anyway?

Barneysmom

That's up to you to decide but personally I'd ask for a refund as you've lost all faith in it.
To be honest, I'd phone TS on Monday morning and get their back up first whichever way you want to do it.

Louiseoc

The machine, be it second hand is not fit for purpose, meaning consumer rights allow you to a full refund! no questions asked, tell Mr shop owner that the machine is not fit for purpose, his cutomer care skills are appauling and should he not give you a full cash refund immediatly you have no choice but to take it to trading standards, but for god sake get that machine back or your money or you have no evidence! (I worked in retail management for over a decade)

Fire_Fox

Write to the shop and send the letter recorded delivery, bullet point your letter with dates of each prior complaint and action instead of writing an essay. Item rejected under Sale of Goods Act as not of satisfactory quality/ not fit for purpose - quote this Act - there are template letters all over the web. Only report to Trading Standards if your letter has no effect, you must be clear on what you want and give the store the chance to refund you. Don't collect the machine and don't be home for them to deliver it to you.

damtheman

Argh two conflicting opinions!

To get the machine or not get the machine. I'd rather not get it purely because I am then accepting that they "say" its working again?

Fire_Fox

Can't see what use to you a faulty washing machine is, if you are rejecting the item under the legislation it makes no sense to collect it. Research the SOGA, if rejecting at an early stage the consumer has no responsibility for proving the item is faulty, the burden of proof is on the seller. Hopefully you have a receipt or the like showing the item is in for repair and not at your home.


"If you want your money back
If you buy a product that turns out to be faulty, you can choose to reject it which means you can give it back and get your money back.

But, the law only gives you a reasonable time to do this – what's reasonable depends on the product and how obvious the fault is.

However, even with major purchases or complex items, it’s safest to work on the basis you usually have no more than three to four weeks from when you receive it to reject it ....

Proving your claim for faulty goods
If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear.

If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.

For example, by showing that the problem was caused by an external factor such as accidental damage.

Expert's reports
Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.

So, you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did.

To do this you may need an expert's report, for example, from an engineer or a mechanic.

Always try to keep the cost of any report proportionate to the value of the claim and, if you can, try to agree on an expert you and the seller both agree has the necessary expertise."
http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/

damtheman

Thanks for the help chaps.

Being the chicken that I am, I left contacting the shop for a few days. I have spoken to them today and while I insisted that the machine was not working for me he did not back down on insisting that it was.

He tells me he has had it tested in two different workshops by two different engineers whom have received the same output, heating element working and its running through cycles correctly.

So we have mutually agreed that I will attend the shop tomorrow to see that the machine is working as expected. He has given me an extra 3 months warranty/guarantee to cover the bloody thing when and if I get it back.

Country_Cousin

If you have agreed that now- then I guess that is what you must do tomorrow. I would take a load of my own washing to put through (cheeky but that is what you are going to be washing ultimately). I would not stand there and watch a tea towel going around. IF it is as he says it should be - then where's the harm in him giving you a refund and selling it as working to someone else.
He seems really keen for you to keep the machine - can't really see the gain that he is going to be getting from this - 2 workshops, 2 engineers - all adds up. Just a bit strange sounding to me - if you are not 100% happy tomorrow then walk away with your money in your hand - not a machine you do not really want. Good luck.

damtheman

Well I was partially happy, I could finally feel the heat element working! That was a surprise.

They all seemed a bit stand off ish to me, the main chap, his engineer, his stooges; all seemed to think its perfectly working and I have nothing to complain about.

And I do now.

I took the machine back (much to the dissatisfaction of the OH) and we've had it happily working for 2 weeks now, to some degree, at first one of the cycle programmes didn't take anything from the tray - no detergent, no nothing, so we changed setting and it seemed to be OK.

Tonight, it just p*ssed itself over our kitchen floor again. The OH is in turmoil (having some personal issues right now, and I'm no better either) so its all 'end of the world' right now. I checked the same pipe intake/outtake that caused the last soaking and that was in tact, no idea what it is now!

I'm returning it tomorrow and just demanding my money back, this inanimate object, that occupies just a little less space than I do, has caused so much grief since its purchase, its driven me to the brink of further insanity.