Power failure now washing machine won't work, compensation?

System

Hengus wrote: »

The OP might like to try this approach:

So how does the EU rule change things?

The EU directive in question is 1999/44/EC. The important bit is this: 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.'

As with UK law, a seller is not bound by the guarantee 'if the (fault) has its origin in materials supplied by the consumer'. But the EU rule does not require the buyer to show the fault is inherent in the product and not down to their actions.

The EU rule also says buyers need to report a problem within two months of discovering it if they want to be covered under the rule.

How can I use this rule?

Reports of cases where shoppers have used the EU rule to get refunds suggest that even senior staff at stores may be unaware of it, so be prepared for some blank faces if you need to use it to argue your case. But eventually, after referring the complaint to legal teams, reports suggest the stores have coughed up.

Use this checklist to see if you could try and use the EU rule:
• The goods were purchased no longer than two years ago
• The store will not provide a refund or repair because you are returning the item after their return period has ended, usually one year
• You are reporting the fault within two months of discovering it
• The goods show no signs of damage through your actions or misuse.
The best advice is to print off the EU rule and take a copy with you. If staff fail to recognise it, ask them to take your details and report your complaint to their bosses. Take a note of the names of any staff you speak to and explain that you will contact them again soon for a response.

You may manage to get your refund on the basis of the EU directive, however, shops are within their rights to use the Sale of Goods Act as the definitive guideline instead.

What about warranties? Do I still need one?

The EU rule, while extending the guarantees for shoppers does not necessarily mean warranties have no value. Under a warranty you may get extra protection against accidental damage that would not be covered by the UK or EU regulations.

With or without the extra guarantee of the EU directive, warranties can be expensive and you should be clear about the value of any potential benefits before deciding to take one. Read our guide for help on what to look out for.


Read more: http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html#ixzz3JJfKAK2x

The EU directive does not apply, it is a set of directives that are to be incorporated into domestic law. In the UK's case SOGA outperforms the directives so nothing was done.

The EU 'guarantee' is not the sort of guarantee most people think of. It means that you are guaranteed the right to persue the seller subject to other conditions for remediation of your problem.

kag8

Thanks for all the replies.


As an update - I got a washing machine engineer to come round to prepare a diagnostic report, he found that the PCB (Printed Circuit Board) is faulty.


I wrote to Homebase last week, quoted the SOGA and how its unreasonable for a washing machine that has been used only twice a week (at most) for 14 months to develop such a crucial fault.


I gave them 7 days to reply (per the Which draft letter) stating they will refund/replace or will take to small claims court. I also asked for reimbursement of diagnostic report (enclosed the report and invoice).


Sent the letter via 1st class signed for to their address in Milton keynes, but now track and trace does not show it as being delivered! Just says to check back. Been 4 working days since, and not sure if its been delivered or not. Can I still proceed to go through small claims (which id rather avoid) or do they have had to receive the letter (which they may have but not showing on tracking).

JJ_Egan

As an update - I got a washing machine engineer to come round to prepare a diagnostic report, he found that the PCB (Printed Circuit Board) is faulty.


Faulty due to the power surge would be my first thought .

JC_Derby

JJ_Egan wrote: »

As an update - I got a washing machine engineer to come round to prepare a diagnostic report, he found that the PCB (Printed Circuit Board) is faulty.


Faulty due to the power surge would be my first thought .

and how excactly would you prove that, when the balance of evidence would show that all the other electrical equipment in the property hasn't got any faulty PCB's due to a power surge?

Andy_WSM

JC_Derby wrote: »

and how excactly would you prove that, when the balance of evidence would show that all the other electrical equipment in the property hasn't got any faulty PCB's due to a power surge?

And not just the property. Dozens of properties are connected to the same sub station, so all (on the same phase) will have been affected IF it was a power surge.

The engineer simply said it's a faulty PCB. It happens.

lvf

Only one person has briefly touched on it already, but it is worth noting again. As the original post stated their was a power failure in the area, why would First Utility be held responsible?

I know it has been established that the washing machine was simply faulty, but for future reference in circumstances where there is a power related issue the network distributor would need to deal with this, not your supplier. The distribution company bring the supply to your property, maintain the local power cables etc, and even if you change supplier you will still have the same distributor.

You should find your distributor details printed on your supplier's bills.