Faulty white goods - retailer is demanding I get independent expert report

ChirpyCheapCheap

Hi all,

I bought a washing machine from a retailer 40 months ago.  For one reason and another, I've only been in the property using the washer for half that time, so let's say equivalent time used is less than 2 years.  So it's outside the 30-day and 6-month windows where other rights might apply and there is no warranty.  On contacting the retailer, they say I have to obtain an independent expert report to prove the fault existed at purchase.  I guess my feeling is that with the light use it's had of less than 2 years in the property (I can easily prove the light use and absences at the property) and a small household, and the expectation that it should last around 6 years of normal service, that I could make the case it's not of a reasonable quality.  But how on earth do I prove this fault existed at the time of purchase?  Without that, all I can say is I've had light use of it, followed all the instructions and the fault still developed.

What are my options if the retailer is being hard-nosed?  Can I take their demand for an expert report to my credit card company and look to Section 75?  Will the credit card company also require a report?  Can anyone really issue a report 3.5 years on saying a fault existed at that point in time?

No evidence that I can find that it's a systemic issue with the washer or brand, although it's not a premium brand (not wishing to smear any brand here by naminfg and shaming )

Thank you I'd be so grateful for any advice!

Martin_the_Unjust

You have had it for three and a half years, how much you have used it in that time is pretty irrelevant.

I am not at all surprised that the retailer is saying to you that you have to prove it was faulty.

My advice, move on and buy a new washer, less stressful and probably cheaper in the long run.

DiddyDavies

The seller is correct in what they are asking for.
The Consumer rights act states that when it's more than 6 months from purchase, the retailer has the right to ask the consumer to prove that any fault is due to something that was present at the time the goods were purchased (commonly known as an inherent fault).
It doesn't mean that the actual fault was apparent at that time, simply that it was caused by something that was. It could be something like faulty assembly (poor quality solder joint for example) or poor quality parts.
If you approach your credit card provider, it's likely that they will ask for the same proof.

You really need to find an independent repairer and ask them to inspect the appliance and write a report stating exactly what is wrong with the machine and what they think is the cause of the problem. You will have to pay for this but if it states an inherent fault, you can ask the retailer to cover the cost of the report.

If you get this report and the retailer agrees to provide a remedy (repair, replacement or refund), they can opt to refund and this refund can be partial to cover the 3+ years you have had the appliance so it probably won't be close to the amount you paid.
After 3+ years, you may do well to get 40-50% back.

Spank

It dosent matter how little its been used its over 3 years old so you need to get an independent report. If it's found that the issue is an inherited fault you get the cost of the report back (if it's not inherent, the cost of repair might be cheap enough just to get it done then)

Rodders53

How much was this washer?  What is the nature of the fault?  How much will it cost to repair?

Sitting unused for extended periods, may mean it suffers worse deterioration from 'neglect' than one used hard at least twice a week over the same period of time?

You may just have been unlucky and had an early bathtub curve failure?

Sandtree

Credit card company is even more likely to want reports, quotes etc as unlike large electrical retailers they dont have relationships with manufacturers/distributors etc or their own repair folk.

They are entitled to require a report and assuming it is faulty they get the choice of repair, replace or refund but be aware that the refund factors in the use you’ve had from the machine to date. The law doesnt say how this should be calculated but in my two recent experiences with two different retailers they did it as 1/6th lost per year and so at 40 months old it’d be worth half what you paid for it using this methodology. The cost of the report would be added on top.

The question is, if its a no brand machine and you may get half what you paid for it back is it worth the fight?

ChirpyCheapCheap

Martin_the_Unjust said:

You have had it for three and a half years, how much you have used it in that time is pretty irrelevant.

I am not at all surprised that the retailer is saying to you that you have to prove it was faulty.

My advice, move on and buy a new washer, less stressful and probably cheaper in the long run.

New is £500 installed at a minimum.  That's very significant money to me hence why I came here for advice...

born_again

ChirpyCheapCheap said:

New is £500 installed at a minimum.  That's very significant money to me hence why I came here for advice...

Not sure where you are looking but you can get a washer for a lot less even when installed & the old one taken away.
Our 4 YO Samsung was half that price.

ChirpyCheapCheap

Rodders53 said:

How much was this washer?  What is the nature of the fault?  How much will it cost to repair?

Sitting unused for extended periods, may mean it suffers worse deterioration from 'neglect' than one used hard at least twice a week over the same period of time?

You may just have been unlucky and had an early bathtub curve failure?

New would be £500 installed and cost of repair would be £150 I guess.  Either of those numbers represents very real money.  Not just a fling-on-a-new-phone kind of money, but money-to-live-off kind of money

Aylesbury_Duck

Another vote for getting that independent report.  It's the only way you'll get an action from the retailer or your card company and even then, it will probably end up being a partial refund.  Half price would be my best guess as well.  

ChirpyCheapCheap

born_again said:

ChirpyCheapCheap said:

New is £500 installed at a minimum.  That's very significant money to me hence why I came here for advice...

Not sure where you are looking but you can get a washer for a lot less even when installed & the old one taken away.
Our 4 YO Samsung was half that price.

This is an integrated washer dryer (I have no options for drying) and even if the difference between new and repair is £100, that's still not money I can afford to dismiss just because it might be a bit difficult to see it through.