Hoover demanding call out fee - advice please

Helenlouise8

Hi, I'm new here but looking for some advice.

We purchased a Hoover washing machine from AO in January. Occasionally we found the washing machine was not spinning at the end of the programme. We phoned AO in June/July and they advised to contact Hoover.

We did this and they arranged for an engineer to come out. They did not mention a call out fee at this point.

Engineer arrived and checked the machine on his computer and then essentially took the machine apart and put it back together, during this time he said if he was unable to find a fault then there would be a call out charge. We said we hadn't been told this when we phoned them and he said I'm sure we can sort something out (not quite sure what that meant).

Anyway he couldn't find a fault and so asked for the call out fee, we advised him we wouldn't be paying and he said he would mark it down as customer refused to pay.

We called Hoover after the engineer had left and advised them that we had not been told there would be a fee. They agreed as we hadnt been told then they would clear the charge.

So all good, apart from the fact we still had a faulty machine. Hoover arranged to send another engineer out and AO agreed to pay for this call out.

Hoover then cancelled this appointment as the engineer had left. We then had to cancel the following appointment due to something coming up. We spoke to AO and they agreed that they would replace the machine as it's clearly got a fault. The machine was replaced on Sunday, so far so good.

However in the meantime Hoover are now saying we owe them the original call out fee, we have argued that we were not advised etc and that when we called after the engineer had left they agreed to clear the call out charge but they are now saying that is rubbish and was never said!

Where do we stand from here? I am so stressed over this, I think the call out fee is something like £149, we do not have that sort of money to throw away.

They have told us to email their complaints deprtment and they will make a decision within 48 hours.

Do we really have to pay this call out fee? They genuinely did not inform us there would be a call out fee and they genuinely did say they would clear the charge.

I'm sorry this is so so so long, I just wanted to get everything down and clear.

I would really appreciate any advice anyone may have, thank you!

bris

You need to make it clear that the first engineer was incompetent buy not finding the fault in the first visit. Tell them his incompetence cost you time without a machine and since the machine was actually faulty you owe them nothing. You can prove this by telling them the faulty machine has been replaced.

IAmWales

bris wrote: »

You need to make it clear that the first engineer was incompetent buy not finding the fault in the first visit. Tell them his incompetence cost you time without a machine and since the machine was actually faulty you owe them nothing. You can prove this by telling them the faulty machine has been replaced.

The machine has never been proven to have a fault. All a replacement proves is that AO found it more cost effective to replace than keep going round in circles with Hoover and the OP, a goodwill gesture.

Diagnostics are now done by computer, the first technician would only go by what he is being told. That's not incompetence, it's just reflective of the difficulty in diagnosing an intermittent fault.

OP needs to stick to the fact that they were not informed there would be a call out charge, not get into a dispute as to whether a fault exists or not.

Diamandis

If they said by phone that you wouldn't be charged you could also request the call recordings.

Helenlouise8

Thank you both for your replies.

When my husband spoke to Hoover earlier today they said they had listened to the phone call from July and are claiming they did not say they would clear the charge, they absolutely did say this so can we request to listen to the recording?

This is all just ridiculous, I really feel they are just being difficult. If legally we have to pay then obviously we will, but it just seems so unfair when we wasn't advised of this fee. It's more than half the cost of the washing machine in the first place!

Helenlouise8

Thank you, you have just answered my question that I can request the recordings.

unholyangel

Helenlouise8 wrote: »

Thank you both for your replies.

When my husband spoke to Hoover earlier today they said they had listened to the phone call from July and are claiming they did not say they would clear the charge, they absolutely did say this so can we request to listen to the recording?

This is all just ridiculous, I really feel they are just being difficult. If legally we have to pay then obviously we will, but it just seems so unfair when we wasn't advised of this fee. It's more than half the cost of the washing machine in the first place!

Just ask them for proof that they provided the necessary information to you in durable medium prior to the conclusion of the contract as per the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013. Note that part of the information they're required to give is:

(f)the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated,

(j)the arrangements for payment, delivery, performance, and the time by which the trader undertakes to deliver the goods or to perform the services;

(u)where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader;

Remind them (if necessary) that the burden of proving they complied with the information requirements is theirs as per the CCRs:

Burden of proof in relation to off-premises and distance contracts

17.—(1) In case of dispute about the trader’s compliance with any provision of regulations 10 to 16, it is for the trader to show that the provision was complied with.

Also ask them for proof that a contract was entered into. There are certain elements that need to be present to have a contract. Part of that includes offer, acceptance & consideration. Consideration needs to be something of value - so you agree to pay them £149 which is your consideration and they agree to provide an engineer which is their consideration. If you never agreed to pay any consideration then a contract cannot exist.

bris

IAmWales wrote: »

The machine has never been proven to have a fault.

I think if you read the OP again you will find on a couple of occasions the OP states that the machine is clearly faulty and AO agreed so replaced it.