Hotpoint Tumble from Currys

Mummy2211

Good Morning all. 

We brought a tumble dryer from Currys in January - in February it broke - All lights started flashing and nothing was working - Called Currys and they said that they’d only have it repaired - so Hotpoint came out and repaired it 2 weeks later - I had said that I’d rather get a new one, but they said it wasn’t an option. 

Anyway - It’s now broken again, the same things happened. Now because of Covid it’s even harder to get hold if either company - so 2hrs later I finally got through to Hotpoint, and explained it’s broken again, and now I’ve had enough I want my money back as this clearly is unrealisable. But he advised that it has to break three times before they will consider giving us a new one. 

And now we’ve got to wait another 2 weeks for someone to come out and fix it. 

I’m currently trying to get hold of Curys where I brought it from. 

I don’t want this machine, because who knows if its going to go again? 

I work for the NHS and my uniform is washed every single day - and yes I do have other uniform, but it’s still got to be washed and dried. And I can’t wait two weeks for it to be fix, and if it can’t be fixed we’d have to wait again for a new one or a refund.. 

anyone else had this issue? 

shaun_from_Africa

As you are currently speaking to Hotpoint, anything they do will be under the terms of their warranty so if this states an item must fail 3 times before it's replaced, this is perfectly acceptable.

However, your statutory consumers rights (as granted by the consumer rights act) state that if an item fails more than once, you have the legal right to reject it for a refund. After 6 months, this refund can be reduced from the amount paid to allow for the time that you had good use of the appliance.
All you can do now is to keep trying to get hold of Currys and let them know what has happened and inform them that you wish to reject the machine.

Ditzy_Mitzy

shaun_from_Africa said:

As you are currently speaking to Hotpoint, anything they do will be under the terms of their warranty so if this states an item must fail 3 times before it's replaced, this is perfectly acceptable.

However, your statutory consumers rights (as granted by the consumer rights act) state that if an item fails more than once, you have the legal right to reject it for a refund. After 6 months, this refund can be reduced from the amount paid to allow for the time that you had good use of the appliance.
All you can do now is to keep trying to get hold of Currys and let them know what has happened and inform them that you wish to reject the machine.

I was under the impression that the right to reject the goods, after six months, can only be exercised if the buyer can prove that the fault existed prior to purchase of said goods.  In this situation the fault did not exist at purchase, suggesting there aren't grounds for the tumble dryer to be rejected.  In the absence of such an ability, the OP's choices are to wait for the repair to be effected and to see what happens, or to buy a replacement tumble dryer.  Unfortunately it doesn't sound as if she's opted for Currys instant replacement cover.

Mummy2211

The tumble dryer broke within a month of having it, and it was a manufactured fault - which they repaired, So that would be on their system. 

But I didn’t buy this from Hotpoint I brought it from Currys store - So the consumer rights lay with Currys for a unfit for purpose product. 

But curry won’t acknowledge that, and just keep saying it down to Hotpoint to resolve as it’s THEIR warranty. When we brought the product we paid for the extra warranty. 

At the end of the day - They have repaired it once (Currys arrange the repair with Hotpoint) but why would I want to wait to see if it happens for the third time? And then have to wait again for it to be fixed? And then wait again for it to break?.. 

I have to unplug it from the mains to stop it all from flashing because the on and off button doesn’t work when this happens. 

I’ve spoken to trading standards now - and they’ve advised that it’s down to Currys under the consumer act. 

JJ_Egan

Yes go back to Currys  under your Consumer Rights  .

shaun_from_Africa

Ditzy_Mitzy said:

I was under the impression that the right to reject the goods, after six months, can only be exercised if the buyer can prove that the fault existed prior to purchase of said goods.  In this situation the fault did not exist at purchase, suggesting there aren't grounds for the tumble dryer to be rejected.  

The fault itself doesn't need to have existed at the time of purchase, simply the cause of the fault. This could be something as simple as a bad solder joint or dodgy component that didn't last as long as it should. The goods could work perfectly well for many months or even years before any fault became apparent.
 
There is a final right of rejection which is covered by S24(50) of the CRA. This basically states that if after one repair or replacement the goods still fail to conform to contract, they can be rejected:

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

It is basically to stop a consumer being lumbered with goods that constantly fail after being repaired or replaced.

Mummy2211 said:

The tumble dryer broke within a month of having it, and it was a manufactured fault - which they repaired, So that would be on their system. 

If they won't refund you, ask them why when it failed the first time:

Mummy2211 said:

Called Currys and they said that they’d only have it repaired 

because for a fault within the first 30 days (provided it's a manufacturing defect), the consumer has the right to reject for a full refund.