HOTPOINT Service eng damage

Barnaby

Hello.
12 months ago our Hotpoint dishwasher started to play up. We had an agreement with D&G to cover repairs or replacement. 12 visits later the eng said he would recommend a replacement. Through these 12 calls the eng caused a leak that went un-noticed for some time. It was spotted when they exchanged the machine on which I had to pay for its delivery.
The leak had caused the laminate flooring to become distorted and crack.
1 week after the new install that machine played up, it had a service call then worked for 2 days then failed again.
This time they quickly replaced the machine at no cost to me and touch wood it is still working.
This all happened through a 12 month period and still counting with the floor repair costs still not agreed.
They have visited and accepted they caused the damage but are offering only half the cost to make the repair.
We are thoroughly fed up with trying to resolve this, have you tried to contact Hotpoint service, no one answers the 'phone or you get left hanging on for ever. I'll never purchase another of their products.


They also want me to sign a Form of Discharge which is for FULL & FINAL SETTLEMENT.
Confirm that no other claim has been made.
and that I will keep confidential the existence and terms of this settlement agreement, and the circumstances giving rise to this settlement agreement.


Their offer is 50% of the floor cost as they say they are not an insurance company and don't do new for old.
So I'm left having to fork out the other 50% to repair the floor that was damaged and accepted by them and for the privilege sign my rights away.


What I have tried over the 12 month period.
I started with Hotpoint but they referred me to D&G the service contract people.
D&G said yes they cover the machine but not consequential damage which my laminate floor claim was. it was a Hotpoint eng that caused the damage.
Which legal ---- They say that both were liable but D&G say my contract is through Hotpoint to them and that Hotpoint carry any consequential damage claims made.
Back to Hotpoint and finally got the offer above.
CAB they advised if not a realistic acceptable offer I would have to go through small claims court to get any further but there could be some costs which I would have to bear.
Trading Standards said as CAB.


Lessons learnt. I'll never buy from Hotpoint again.
Some Companies stall in any negotiations expecting you to give in and accept their poor offers.
It is not easy if not impossible to have any "expert" assist you in pursuing claims like this.


If anybody can give advice particularly about signing their Discharge document I would be grateful. Will they release the money offered if I do not sign or sign but cross out the ref to no other claim being made or about keeping the document confidential.

Regards

JJ_Egan

No sign then it will be no pay .
Likewise if you alter or breach the terms .

Your alternative is take take them to the small claims court .

unholyangel

The disclosure agreement is effectively their terms of settlement. Simply crossing out a section won't have the desired effect you would want it to.

Search the T&C's with D&G and it should tell you if they're only acting as an agent or not (from what I know of how they operate, they aren't agents although I don't invest in extended warranties myself so I've never read their T&C's). An agent has authority to enter into agreements on behalf of someone else - but aren't actually party to the contract themselves.

If your contract is with D&G then they're wrong to disclaim liability. You can't disclaim liability for third party contractors (which is what hotpoint would be if your contract is with D&G).

Regarding the floor....how old is it? 50% of the cost may be more than reasonable.

Barnaby

Thanks Gents.


Unholyangel - D&G described the situation as you state above.
The floor is less than 4 years old and prior to the water damage was pristine. We are a retired couple and the logic we say is it was perfect before the water damage so why should it cost us to put it back to the way it was before the Hotpoint eng caused the damage.


JJ - sadly it would seem so, but Small claims might be a step too far for us to do.


Regards

unholyangel

Barnaby wrote: »

Thanks Gents.


Unholyangel - D&G described the situation as you state above.
The floor is less than 4 years old and prior to the water damage was pristine. We are a retired couple and the logic we say is it was perfect before the water damage so why should it cost us to put it back to the way it was before the Hotpoint eng caused the damage.


JJ - sadly it would seem so, but Small claims might be a step too far for us to do.


Regards

Yes but the key is whether they are party to the contract or not.

In one scenario, D&G are the agents for hotpoint and hotpoint are the contracting party. In the other, hotpoint are the agents for D&G and D&G are the contracting agents.

The latter would mean you had a claim against both - hotpoint for breaching a statutory duty of care (applying the neighbour test) and D&G because you had a contract with them and while they might not have been negligent personally, their agent was and thus, they are liable to you for it because the agent was performing D&G's contractual obligations/duties.

With the floor being nearly 4 years old and providing it was a good quality laminate and not the cheap crap you get, I'd say maybe push for 60-75% depending. If you have something supporting a longer lifespan of your flooring, that would help.

Barnaby

UHAngel - the machine is Hotpoint and the service and repair policy is from D&G.
To call and eng out I call D&G who call out a Hotpoint eng.
It is somewhat chicken and egg and I have tried claiming against both but D&G dismiss it saying they are the agent for Hotpoint and don't have any engs so I can only claim against Hotpoint.


Neither are responsive to my requests and I think the only way I would get any better offer is to go via legal letters and or the Small claims court, both of which would incur me costs.
This is what I think they hope will force me to accept their low offer. There is no point in cutting off my nose to spite my face.


That said I'm not happy at signing what appears to be a gagging order and wondered what the legal position is regarding this. That's why I asked about crossing it out.
I think I have gone as far as I can go with the money talk but don't want to sign those 3 statements which seem excessive and over the top.


Seems like the small man gets reamered by the money men once again.


Thanks

JJ_Egan

Gagging order same as those used in settlements of many claims before they go to court .

macman

Seems you've already breached the confidentiality term by posting this info on a public forum and naming the brand...
As above, you have only two options; accept the settlement offered, or go the small claims process route with no guarantee of success.

Barnaby

Thanks all I enjoyed getting this of my chest and reading your comments, seems like I'll just have to go along with it.
For the future I'll be giving Hotpoint a miss and I'd advise you all to learn from my experiences.