Curry's washing machine hastle.

financial_muppet

I bought a washing machine from Currys on February (2012) and it has broken. When I called Currys the automated system directed my call through to Hoover who sent an engineer out. He confirmed it needed parts and that these would be in the next day. A week later I called to chase, the parts were located and the engineer was scheduled to return.
Yesterday he returned, but could not find a parking space so he left again. This generated 2 hours of calls with Currys and Hoover yesterday when:
- They offered to reschedule the engineer for the new year, but warned me that unless I could make parking available, the same thing could happen again
- I was told the Currys had no obligations at all and that the whole issue was down to Hoover and their 'manufacturer's warranty'
- I was told that unless I could speak to the council and arrange parking then there was nothing Currys could do.
- I was refused a refund as my washing machine is repairable and they are willing to repair it for me.

I have a one and a two year old at home and I have been without a washing machine for three weeks now. Add on another couple of weeks to cover the xmas period and I suspect I am looking at a best case scenario of 5-6 weeks with no washing machine, which it not really acceptable.

On the grounds that Currys are refusing me a refund, I am thinking of buying a new machine (next day delivery) and taking them through small claims court to recover the cost of the original device on the grounds that it breaches the Sale of Goods Act.

Is this a sensible approach, or will a court side with Curry's and argue that I should be providing parking for then and that they have made reasonable efforts to repair the machine?

Jonesy_McJones

I would have thought that their obligation is to repair if possible, so I don't think you'd get very far taking them to court for a replacement - but am happy to be corrected on this.

Re: parking - the driver will have to park somewhere so in a way, I can see their point. What's the parking like in your area? Round where I live, it's permit parking only, but if you / tradesmen etc give the council headed paper with details of the work to be carried out, they will supply a free temporary permit. Could this work for you?

melbell

Currys are fulfilling their obligations under the sale of goods act, So you may find yourself loosing the case and paying for the Judges dry cleaning once he has finished laughting.

mattyprice4004

It's not their fault they couldn't park - I suggest you make sure a space is available.

Not their fault - it's your property. Guess it's a tough lesson.

financial_muppet

Matty,

My property does not have any parking, nor do I have any permits for parking. They managed to park perfectly well the first time they visited, as have workmen who have visited the house to complete work in the past. I do not understand why it is so difficult this time round. There have been no changes to the parking restrictions in my area.

I was not aware that I was obligated to find parking for Curry's engineers. Do you know if there are any rules around proximity? There is a car park in the neighbouring street. I could escort them there and buy them a ticket perhaps?

ThumbRemote

mattyprice4004 wrote: »

It's not their fault they couldn't park - I suggest you make sure a space is available.

Not their fault - it's your property. Guess it's a tough lesson.

It's not the OPs fault either. Currys have chosen to send an engineer out, it's their responsibility to find a parking space. Just like it's their responsibility to drive to the property and deal with traffic jams en route, etc.

The OP has made the washing machine available. The engineer has failed to turn up to deal with it.

melbell wrote: »

Currys are fulfilling their obligations under the sale of goods act, So you may find yourself loosing the case and paying for the Judges dry cleaning once he has finished laughting.

No they aren't, as to date they have failed to provide a remedy.

neilmcl

ThumbRemote wrote: »

It's not the OPs fault either. Currys have chosen to send an engineer out, it's their responsibility to find a parking space. Just like it's their responsibility to drive to the property and deal with traffic jams en route, etc.

The OP has made the washing machine available. The engineer has failed to turn up to deal with it.



No they aren't, as to date they have failed to provide a remedy.

Disagree. The OP has not made the washing machine available if they're unable to get to it due to parking problems.

financial_muppet

Thank you - I would have thought it was there responsibility too...

ThumbRemote

neilmcl wrote: »

Disagree. The OP has not made the washing machine available if they're unable to get to it due to parking problems.

It is not the OPs responsibility to find a parking place for the engineer. Just like its not their responsibility to provide a van, put diesel in it, plan a route, provide a chauffeur or anything else.

Its a simple fact that the engineer has failed to attend the OPs property. Had they attended the washing machine was available.

neilmcl

It is the OP's responsibility to ensure the engineers have access to his property. That would include having somewhere to park when they got there!

financial_muppet

@NeilMCL, just to add to the facts around this one - Currys actually delivered the washing machine to this location, entered my property, installed it and removed the old machine. They also successfully visited a couple of weeks ago and identified the need for additional parts. Does the fact that I do not have any parking available still mean that I am making the machine unavailable to them? Do you have any views on my earlier question about proximity - should I escort them to a nearby car park and pay for a ticket for them?