Faulty washer/dryer , do i have right to make a complaint

keztt1978

hi , i am after some advice , more on the grounds of principle as i am fuming !

on wednesday we brought our son a washer dryer via gumtree , it just so happened that the local second hand goods shop was selling it , so we thought nothing of it as it was advertised in "great working condition" we had it delivered , no receipt or any warranty was actually mentioned , we were happy at the time .

my son and hubby plumbed it in , put a load in , straight away a strong burning smell came from it , as my son was going out he switched the machine off , when he returned from picking his wife up from work , his house smelt of burning and the machine was making a mad clicking noise , even though it was switched off , i advised him immediately to get the machine outside and cover it up , take no risks .

he rang the shop he had it from as we were all mad at this point , we were told we could not have a refund and basically we have no leg to stand on as we have no receipt , after arguging the toss so to speak my son finally managed to get £50 back ( a lot less than we paid for) and told them to come and get it, we ended up the same night having to buy a new one for my son as they were left without a washer dryer and have a young baby in the house .

now without 20 minutes if my son speaking to the shop the same washer dryer was advertised again on gumtree , again in great working order ! , even though they know its faulty !

we are still waiting for the machine to be picked up , they are charging us £10 for this pleasure and giving my son hell .

now have a got grounds to complain as goods were not as described and the fact they are selling faulty goods on , it is not about the money anymore , its the fact that they will easily sell something on knowing it is dangerous

any help will be appreciated

neilmcl

Contact your local Trading Standards.

keztt1978

neilmcl wrote: »

Contact your local Trading Standards.

thank you this is what i am thinking , the shop basically told us we don't have a leg to stand on with trading standards , but i am actually thinking of giving a shot regardless

neilmcl

You probably wont be able to get any recompense via TS but they'll be interested to know a retailer is deliberately selling faulty (and potentially dangerous) goods.

unholyangel

If you wanted your money back I daresay small claims would be the only viable method. But even then you're not guaranteed your money back - especially if its a limited company with next to no assets.

Send them a letter before action requesting the rest of your money be refunded along with the £10 return postage costs as (under sale of goods act) the retailer is responsible for that. They may just ignore it but you never know until you try.

arcon5

Small claims court.

Tell then you want a full refund and you intend to go to small claims otherwise.

Make them sign something that has a date time price paid etc and also confirms they've collected the faulty machine. If they refuse then don't bother letting them take it.

SimonSays

Doesnt buyer beware apply here?

frugal_mike

SimonSays wrote: »

Doesnt buyer beware apply here?

They're buying it from a second hand shop, not a private seller. Full protection from the SOGA applies.

SimonSays

but still shouldnt buyer beware? Don't second hand goods need to be tested before sale?

arcon5

SimonSays wrote: »

but still shouldnt buyer beware? Don't second hand goods need to be tested before sale?

By the seller maybe.

You expect goods described as in "great working condition"to be, well, in working condition. What you don't expect is the goods to last the same length of time as brand new goods, but even without testing it's entirely reasonable to expect the washer to be fit for purpose on its first use!

How do you test a washing machine in a shop btw?

ThumbRemote

SimonSays wrote: »

but still shouldnt buyer beware? Don't second hand goods need to be tested before sale?

No. The SoGA makes no distinction between new and second hand goods.