Unwanted repair, does it effect my Consumer Rights?

gripper_2

Hi there,

Wondered if anyone could help with a bit of advice. I purchased a Tumble Dryer online from Currys on 24th December, it arrived on the 2nd of January then stopped working 3 days later.

Obviously not happy with this I tried to contact Curry's by telephone on the 5th of January. I tried for 2 days without being able to get through to anyone. In the evening of the 6th I sent an email to Currys detailing my complaint and informed them I wanted to exchange it for a different model. I received an automatic reply saying they would be in contact shortly and I was given a case number.

In the morning of the 7th I called Currys Customer service number but I was diverted to Hotpoint, the manufacturer. I was very surprised when the agent said I was talking to Hotpoint as I had called the Curry's number, he explained calls are diverted sometime to speed up the process. During this call I stated that I wasn't happy with the Tumble Dryer and that I didn't want a repair and that I wanted to return it to Currys for either and exchange or a refund. The agent informed me that he would send an engineer out to assess the fault. At that time I thought nothing more of it. The agent also said that if wanted to speak to Currys then I should call and not to select any options during the automated answering service, that way I would get through to Currys direct.

I called Currys again and sure enough without selecting any option I got through to their customers services department. I explained to the agent the situation, the agent advised me that I should ask the engineer for an uplift number once he had assessed the fault.

Yesterday the Hotpoint engineer arrived to assess the fault, I explained to him before he did anything that I wanted to return the Tumble Dryer to Currys. He said that on his notes it said that this was a repair, I said that I hadn't asked for a repair. He then proceeded to carry out his inspection and showed me the fault which was a damaged pulley wheel. He then said it was easy to fix and went to obtain the part from his van. He carried out the repair, once he finished I asked him for an uplift number, this is what I'd been asked to obtain by Currys. He then said that he couldn't give me one because he'd repaired the fault. I again said that the Tumble Dryer was to be returned to Currys, he then went outside and called someone. He came back in and said that I should call Currys and that they would deal with the uplift.

I called Currys and spoke with their agent Sarah, she then said that as the repair had been carried out that I wouldn't be able to return it for a refund, replacement or exchange. I said that according to their terms I could request a refund as the fault had occurred within 30 days of purchase. She said I couldn't because the Tumble Dryer had been used, that made me laugh and I said how could I discover the fault without using the Dryer. She continued to state that I wasn't entitled to return the Dryer. I then informed her that I had previously sent the email to Currys stating that I had wanted to exchange the Tumble Dryer, they also had a recorded conversation of when I had called them stating that I wanted to return the Tumble Dryer and that Hotpoint also had a recorded conversation with me, where I had stated that I did not want a repair and that I wanted to return the Tumble Dryer.

Sarah then asked for the case number relating to the email, which I gave her. She asked me to hold while she spoke with the online team. After 5 minutes holding, she came back to me and said that she would have to speak with Hotpoint and said she would call me back within 1 hour. 10 minutes later I received a call from the Currys online customer service team, that made me laugh again, obviously they were trying to tick boxes at their end. I explained to Giuseppe that I had been talking to Sarah, he then read through the case notes and apologised for not responding sooner, he then said he would leave it with Sarah to deal with.

I received a call from Sarah, who said that she was going to raise a complaint which would be escalated to their management team and someone would be in touch. I said OK and said I would wait for a manager to call me back. Sarah then called me back and said she had spoken again with Hotpoint, they had said that they had spoken to the engineer and because I hadn't refused the repair when the engineer had been at my house that they couldn't do anything. This was obviously very frustrating and I said that if she wanted to call Hotpoint again and get them to send the engineer back to my home I would be happy to discuss it with him. I explained that as far as I was concerned in all communications with Hotpoint and Currys I had not once asked for a repair, I hadn't been given the opportunity to refuse the repair by the engineer either. At this point I was getting a little tired of the ongoing situation and said that I would be happy to exchange the Tumble Dryer for a different model and even be prepared to pay a little more for another manufacturers model. Sarah said she would discuss it with her manager.

A short time later Sarah called me back, she had spoken to Hotpoint again. They were prepared to offer me a different model at no extra cost. I asked her if a fault developed who would I need to contact, she told me Hotpoint. She told me that Hotpoint would be in contact with me in the next 24hrs. I said I would consider it but if I wasn't happy I would be back to Currys.

The reason I chose Hotpoint was because I trusted the brand, I own 5 other major appliances all of which are Hotpoint. Now I feel very disappointed and really don't trust either Currys or Hotpoint at the moment. I'm not exactly sure where I stand in legal terms, as far as I can tell I have done everything I could do. I didn't at any point ask for a repair. Surely I should still retain my rights under the Consumer Rights Act?

Thank you for reading and if anyone has any advice I would appreciate it.

Thanks,

Chris

vuvuzela

It's not one of these models is it ? Hotpoint urgent tumble dryer recall - https://forums.moneysavingexpert.com/discussion/5366014

gripper_2

HI there, thanks for looking. Happily it's not one of those, but thanks for asking.

macman

Outside of the CRA, the retailer can replace, repair or refund-their choice. You've (albeit reluctantly) accepted a repair under CRA, so on what basis do you now want a replacement? You bought an Elecrtolux budget brand dryer, it had a minor fault under warranty and is now repaired and working OK. What benefit will a replacement of the same model bring you?
It's like buying a new car and then demanding a replacement because the sidelight bulb has failed.
If you want shining customer service, then go to somewhere like John Lewis, not DSG (frequently cited as the UK's worst retailer).

gripper_2

Macman, thanks for your reply. Looks like you misread the post, I haven't accepted a repair, I never asked for one! It wasn't an Electrolux budget brand dryer, it was a Hotpoint and it wasn't a budget model.

Not sure about the car analogy, but nevermind.

Yeah DSG are a nightmare, but they still offer some good deals, I guess its a case of taking the rough with the smooth.

bris

You will now struggle with this, you have let the repair go ahead so you have in fact changed your rights and can no longer reject it for that reason.


Whilst they did have the right to inspect it to confirm the fault you should have told the agent to go away. By letting him repair it (whether you asked for it or not) you are now in the same position as you bought it, fault free.

Leo2020

gripper wrote: »

Yesterday the Hotpoint engineer arrived to assess the fault, I explained to him before he did anything that I wanted to return the Tumble Dryer to Currys. He said that on his notes it said that this was a repair, I said that I hadn't asked for a repair. He then proceeded to carry out his inspection and showed me the fault which was a damaged pulley wheel. He then said it was easy to fix and went to obtain the part from his van. He carried out the repair, once he finished I asked him for an uplift number, this is what I'd been asked to obtain by Currys. He then said that he couldn't give me one because he'd repaired the fault. I again said that the Tumble Dryer was to be returned to Currys, he then went outside and called someone. He came back in and said that I should call Currys and that they would deal with the uplift.

You knowingly let him repair as he went to the van for a part. Then you asked for an uplift number. I think you not Currys or Hotpoint are at fault. When he went to fetch the part or when he returned to your house you should have asked him to stop and issue an uplift number.

gripper_2

Hi thanks for your comments. With hindsight it's so easy to say this or that, the fact was that I wasn't aware of what the guy was doing until he told me what he'd done. Hot point are in the wrong as they didn't issue the proper task to the engineer.

I'm glad to say that after another call to Currys last night they have accepted the return. They are picking up the dryer today and have agreed to refund my money back in full. Perseverance is the key! When your right your right, don't let anyone else tell you you're wrong, even those know alls out there.

marliepanda

gripper wrote: »

Hi thanks for your comments. With hindsight it's so easy to say this or that, the fact was that I wasn't aware of what the guy was doing until he told me what he'd done. Hot point are in the wrong as they didn't issue the proper task to the engineer.

I'm glad to say that after another call to Currys last night they have accepted the return. They are picking up the dryer today and have agreed to refund my money back in full. Perseverance is the key! When your right your right, don't let anyone else tell you you're wrong, even those know alls out there.

You're wrong though, legally

Leo2020

You say you didn't realise but you say he went to fetch a part, honestly what did you think he was going to do with this part?

Sorry but I don't believe you didn't know what he was going to do. Any reasonable person would know when an engineer fetches a part they are going to fit it.

I think that maybe you changed your mind about letting him repair, then changed your mind back. You have no legal right to a replacement, Currys have being very generous. You might want to remember that next time you let an engineer repair something for you and then ask for a replacement - you might not be so lucky next time.

macman

gripper wrote: »

Macman, thanks for your reply. Looks like you misread the post, I haven't accepted a repair, I never asked for one! It wasn't an Electrolux budget brand dryer, it was a Hotpoint and it wasn't a budget model.

Not sure about the car analogy, but nevermind.

Yeah DSG are a nightmare, but they still offer some good deals, I guess its a case of taking the rough with the smooth.

You accepted the repair, whether you asked for it or not. They wouldn't send an engineer to do an uplift, they'd send 'a man with a van'.
Hotpoint is a budget brand at the cheaper end of the market, and does not have a good reputation for reliability. They are owned by Whirlpool (not Electrolux as I stated earlier), and most of their machines are now made in Italy by Indesit. Nothing to do with the original UK Hotpoint company. Hotpoint appliances are mostly just rebadged Indesit's, so your brand loyalty is based on an illusion.