Faulty Microwave

geochr · 21 April 2017 at 1:24PM

Hi, I purchased a microwave for £64.99 from Currys in February 2016. It developed a fault in January 2017 (11months later). I took it back to the store and Currys sent it for repair as it was outwith the returns policy but within the 1 year guarantee. A few days later they gave me a new microwave. This was the same model. It was new but not in the original box. I assume it was an ex-display model possibly. The new microwave has just developed the same fault as the first microwave after 3 months. I took it back to the store but they said it is outwith the guarantee and advised me to contact Currys Cutomer Services who have told me to return to the store and quote the 'Sale of Goods Act'. I think the Consumer Rights Act is the correct legislation for this? My question is, should I expect anything from Currys bearing in mind the MSE "SADFART" rights? Although it is technically out of guarantee, should I expect 2 microwaves to last more than 15 months? They didn't give me a new receipt when they replaced the first microwave (ie 1 year guarantee was not renewed). Customer Service Centre informed me the guarantee for the replacement would take effect from the date of purchase of the first transaction.

daytona0 · 21 April 2017 at 1:53PM

Not sure when it changed from the Sale of Goods Act (SOGA) to the Consumer Rights Act (CRA), but they are pretty much the same thing really.... Depending on when it changed over, your item may fall under the Sale of Goods Act but I would quote the CRA when speaking to the retailer.

Effectively, you've got up to 6 years to make a claim against the RETAILER if your item is (inherently) faulty, not as described or not fit for purpose.

You can also have a warranty which is above and beyond these rights, which you are aware of. This runs from the date of your original purchase and as such it sounds like your warranty has expired.

But yep, you are more than entitled to make a CRA/SOGA claim with Currys

They can choose the remedy and you may end up with a replacement (could be a used/refurbished one), a repair, or a partial refund. BUT, as you are outside of the initial 6 months, technically you need to prove that the fault is inherent and not due to user damage etc. I would, however, anticipate that reporting an identical fault to the first time may just be accepted without contestation.

Worst case scenario is that you take them to court, armed with your evidence, and make a Small Claims court claim. But given that they have actually told you about the SOGA I would anticipate that they would be fairly competent in handling your claim.