washing machine under 6 months old!!!!

adam1875

Hi purchased a washing machine in july 2012, which started to develop a fault at the end of November(noisy drum). I booked an engineer to come out on the 27th December, in meantime the machine had stopped spinning a few days earlier, who informed us that the bearings had collapsed and a new drum/ belt etc was required. I stated to the engineer that it was unacceptable that a washing machine should last only 5 months and that i would look to seek a replacement. In meantime he has ordered parts,but this could take up to 10 days. I went into my local curry's store to seek a replacement, but they have said that they only replace upto 28 days, after this i would require an RA number from the manufacturer for curry's to then replace the machine. There staff need reminding that its there duty up to 6 months to sort this out. I have contacted the manufacturer to request an RA number, but they seem unwilling to authorise a replacement, before the chance of repairing the item. I have stressed that a washing machine should last longer than 5 months and it may have been fitted with defective bearings.

Is it unreasonable to ask currys to replace this item before repairing as its 5 months old and i do not wish to wait up to 10 days for a Drum.

By the way the washing machine is an indesit(hotpoint) model, purchased from Curry's junction 9 Walsall,

Any thoughts,Regards Adam.

Currys still not budging on a replacement- checking with citizens advice, as surely I am within my right to ask for a replacement as they cant prove there was no fault from new , to have a major defect in which it has. looking at next week at the earliest for a repair, from Christmas eve. Hope all your items last longer than 28 days as Currys do not care!!!!

Jakg

Thy are well within their rights to offer a repair rather than a replacement after 5 months.

You also need to read up on their obligations - within 6 months the fault is assumed to be inherent (i.e. you don't need to prove it is), but they are offering you get it resolved for you, using an approved repair agent (the manufacturer)

bris

It's not unreasonable to ask, but the choice is theirs whether to repair or replace. After the acceptance of the goods, in this case they give you 28 days, which is reasonable, the remedy they choose is the one that is most viable for them, which is to let the manufacturer sort it out.

SuperHan

As above, well within their rights to repair and not replace. Also within their rights to get the manufacturer to deal with the issue as opposed to Currys themselves. If the manufacturer fails to repair, then Currys are obliged to provide an alternative remedy, but this will probably just mean one of their KnowHow guys repairing instead of manufacturer.

Not what you wanted to hear, but that's the law.

ThumbRemote

The posts so far have ignored the other part of the law, which is that any remedy offered by the retailer must not cause 'significant inconvenience' to the buyer.

For a washing machine, a reasonably short time without is going to cause you a significant inconvenience (particularly if you have children), although I think 10 days is fairly reasonable.

However, if they don't fix it after the 10 days, I'd argue that it is causing you significant inconvenience. The difficulty is getting them to change their mind. If they insist on continuing to try and repair it, your only real option is to buy a new machine elsewhere and then pursue Currys for a refund of the original machine separately.

SuperHan

Fair point to ThumbRemote. I hadn't mentioned because 10 days is reasonable. Possibly longer over school holidays time where uniforms don't need to be washed. But that's a bridge to potentially cross in 10 days time

bris

ThumbRemote wrote: »

The posts so far have ignored the other part of the law, which is that any remedy offered by the retailer must not cause 'significant inconvenience' to the buyer.

For a washing machine, a reasonably short time without is going to cause you a significant inconvenience (particularly if you have children), although I think 10 days is fairly reasonable.

However, if they don't fix it after the 10 days, I'd argue that it is causing you significant inconvenience. The difficulty is getting them to change their mind. If they insist on continuing to try and repair it, your only real option is to buy a new machine elsewhere and then pursue Currys for a refund of the original machine separately.

But any time period of inconvenience is subjective, it will take what it takes and only going to court would sort out any time period. 10 days would not be classed as inconvenient as parts can take longer than this to arrive, I don't think a court would treat anything under 30 days as inconvenient.

ThumbRemote

bris wrote: »

But any time period of inconvenience is subjective, it will take what it takes and only going to court would sort out any time period. 10 days would not be classed as inconvenient as parts can take longer than this to arrive, I don't think a court would treat anything under 30 days as inconvenient.

It's irrelevant how long it takes parts to arrive. The law simply says 'significant inconvenience', which is therefore dependent on both the nature of the goods ordered and the circumstances of the customer.

Personally, I would find being without a washing machine for over a fortnight to be a significant inconvenience, as at that point I would have to find a laundrette or a neighbour who would let us use their machine. I'm fairly sure a court would accept this, and I could demonstrate the inconvenience it caused.

C_Mababejive

I would be tempted to try an initial approach direct with manufs.

Slowhand

ThumbRemote wrote: »

It's irrelevant how long it takes parts to arrive. The law simply says 'significant inconvenience', which is therefore dependent on both the nature of the goods ordered and the circumstances of the customer.

Personally, I would find being without a washing machine for over a fortnight to be a significant inconvenience, as at that point I would have to find a laundrette or a neighbour who would let us use their machine. I'm fairly sure a court would accept this, and I could demonstrate the inconvenience it caused.

I've got friends, family and neighbours who'd happily let me use their machine...but not you? I and my family have more than enough clothes for a month if not I still remember how to handwash items if necessary...it's a dawdle.

System

Slowhand wrote: »

I've got friends, family and neighbours who'd happily let me use their machine...but not you? I and my family have more than enough clothes for a month if not I still remember how to handwash items if necessary...it's a dawdle.

I don't think her lack of friends is really relevant to the thread!