Refund, Replacement or repair - Consumer Rights Act 2015

bris

Well at least they are not making you prove the fault was inherent at time of purchase. This is something they can do as they didn't actually have to do anything until you provide this report.



They may at the moment be offering you a goodwill gesture that may disappear if you push to hard because anyway you look at it the outcome will be the same.

unholyangel

XDA wrote: »

Are they not required to supply a like-for-like replacement to the value and spec I purchased Jan 2016?


Where does it say retailer can choose the remedy?


Sec 23: Right to repair or replacement
(1)
This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).


and


Sec 19
If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—

(a)
the short-term right to reject (sections 20 and 22);

(b)
the right to repair or replacement (section 23); and

(c)
the right to a price reduction or the final right to reject (sections 20 and 24).


Retailer has accepted rejection of goods under Sec 9 Goods to be of satisfactory quality and Sec 10 Goods to be fit for particular purpose.

To be a replacement it would have to be identical goods.

From the figures given, it sounds like they expect it to last 4 years which imo is reasonable given the price places it at the lower end of dishwashers. But I'd personally push for a bit more because I like value for money. Try for £180-200 (in cash, not credit...unless there is actually a machine you would buy from them in which case I'd push for £200-220). If need be, highlight how it benefits them. For instance: This offer is being made in the interests of a speedy resolution to keep time spent & costs incurred by both parties to a minimum. However, should a speedy resolution not be forthcoming, their liability for costs may increase.

You're not going to get the full value because that would be betterment (being in a better position than you would have been in had the breach not happened) and there is no entitlement to betterment. Civil law is not penal in nature. Its about restitution. Ensuring the innocent party is "restored" rather than punishing the wrongdoer.

XDA

Fosterdog wrote: »

They cannot force you to accept store credit, you are entitled to a cash refund, however a lot of retailers do give a higher value as credit than they would for cash. I guess it’s lucky it’s only a dishwasher so you just have the minor inconvenience of hand washing until you can get a new one sorted. Imagine if it was a washing machine or oven.

It hasn't been a minor inconvenience to me as I cannot hand wash for medical reasons. Being without it for over 3 weeks has not been very convenient.

But yes, it would have been much worse if it was a fridge, cooker, washing machine etc.

XDA

bris wrote: »

Well at least they are not making you prove the fault was inherent at time of purchase. This is something they can do as they didn't actually have to do anything until you provide this report.



They may at the moment be offering you a goodwill gesture that may disappear if you push to hard because anyway you look at it the outcome will be the same.

The manufacturers own engineers have inspected it and have reported serious faults, which have been passed to retailer.

Shaka_Zulu

So it looks as if they are deprecating by about 30% per annum. Sounds about right.