Consumer Rights Act versus a 17month old Microwave

HelloJ123

Hi.

I have an issue. I purchased a microwave from a retailer 17 months ago on the basis of reviews from a well known review organisation... All was well until it started to continually beep last month. It's only being used for domestic purposes, and now the beeping doesn't stop unless I turn the power off.  I contacted the retailer and manufacturer who have both fobbed me off as it's outside of the 12month warranty. When I went to the retailer with my Consumer Rights, they have asked me to source a local engineer or use the manufacturers one and that they'll compensate me "some" of the cost incurred for this, if it is indeed a manufacturing fault. The cost of the engineer is the same as a new Microwave, and they will at most, only provide "opinion" on it. It seems that the retailer/ manufacturer have been able to provide a questionable product and get away with it. Any advice on how if I pay for the Engineer, to get the whole amount back? Surely this isn't right. Or am I better off just getting a new microwave from a better company? 

Aylesbury_Duck

If the technician deems it faulty, you are entitled to the full cost of the technician's services.  What you're not entitled to is a full refund of the cost of the microwave. If they choose to refund you (as opposed to repairing it or replacing it), they are entitled to reduce the refund to reflect the 17 months' use you've already had.  e.g. for a £100 microwave you might expect to get £50 back.  I wonder if you've misunderstood the partial refund point or they didn't explain it properly.

How much was it?  It may not be worth pursuing.

HelloJ123

Hi Aylesbury_Duck, 

I'd be happy just with a replacement/ repair - I'm not after a refund (although I'll stay clear in the future of this make/model!). It was £60, Engineers are £50-£90 + parts etc.  I know it's a relatively cheap, but regardless I would have expected that it would have lasted at least 3 years. I'd like some accountability on their part and it's the principle of the thing.

I thought that too, but they were very clear when I asked "Given the cost of an engineer to assess the issue, is this cost reimbursed if it is discovered that it is a manufacturing defect?" The response was "I can confirm should the report confirm the fault is a manufacturing fault we will look to make a contrabution towards this cost but may not cover it all." 

I don't like the "may not cover all", that speaks to me as "won't cover all". 

Aylesbury_Duck

I believe it should cover it all.  They are wrong. 

You have a choice to make. Pursue it, accepting it will involve an initial outlay with no guarantee of getting that back (if the technician determines the fault is a result of misuse/abuse, for example), or just writing it off.

For a £60 microwave after 17 months, I'd write it off, leave a factually honest review on the retailer and manufacturer's review pages and buy another one.

HelloJ123

I really appreciate your comments.

I'm thinking that it's sadly what I'll also have to do (write it off, leave reviews and move on with my life). I can just see paying for the Engineer to not provide an opinion as to not "rock the boat" and I'm down the cost of a brand new one anyway. 

zoob

Yes your entitled to a full refund off engineer's report if engineers able to say in his professional opinion that in all probability that the fault is an inherent fault from new and that's what CRA2015  is there for.
But in this case it's not really worth pursuing as report is in excess off the microwaves value.
Cant understand why some people think CRA2015  is an extended warranty, it's not designed to cover general breakdowns on items, appliances break down weather there cheap or dear, some preseved German brands are rubbish compared to cheaper brands.
Sorry not implying OP was thinking it's an extended warranty, just me going off in a rant 

Grumpy_chap

It is rather annoying, but a £60 microwave, or any other item of white goods is really only something that can be considered as "disposable".  That does grate rather, particularly if you hate waste like me.  However, financially, £60 is no more than a tank of fuel for the car or a pub meal for a family of 4, so cannot be seen as a large expense.

the_lunatic_is_in_my_head

zoob said:

Yes your entitled to a full refund off engineer's report if engineers able to say in his professional opinion that in all probability that the fault is an inherent fault from new and that's what CRA2015  is there for.
But in this case it's not really worth pursuing as report is in excess off the microwaves value.
Cant understand why some people think CRA2015  is an extended warranty, it's not designed to cover general breakdowns on items, appliances break down weather there cheap or dear, some preseved German brands are rubbish compared to cheaper brands.
Sorry not implying OP was thinking it's an extended warranty, just me going off in a rant 

The purpose of an engineer's report is to establish whether or not the goods conformed to the contract which covers a range of aspects. 

Goods are to be of satisfactory quality which includes their durability, if an appliance fails before it's time through normal use and without user error (such as damage or misuse) then the goods were not durable.

17 months is poor and any consumer would be entitled to follow the path in order to seek a remedy. 

 

lemondrops69

The bitterness of poor quality remains long after the sweetness of low price is forgotten.

DiddyDavies

the_lunatic_is_in_my_head said:

Goods are to be of satisfactory quality which includes their durability, if an appliance fails before it's time through normal use and without user error (such as damage or misuse) then the goods were not durable.

17 months is poor and any consumer would be entitled to follow the path in order to seek a remedy. 

 

"Goods are to be of satisfactory quality which includes their durability"
Not forgetting of course that when considering the quality and durability of goods, the price paid can be taken into account and a microwave oven for £60 is getting towards the lowest possible price you can pick one of these appliance up for and IMO, getting 17 months use from it isn't too bad.
Even if the OP did obtain a report that went in their favour, realistically speaking, how much of a refund would they be entitled to after this period of time?

the_lunatic_is_in_my_head

DiddyDavies said:

the_lunatic_is_in_my_head said:

Goods are to be of satisfactory quality which includes their durability, if an appliance fails before it's time through normal use and without user error (such as damage or misuse) then the goods were not durable.

17 months is poor and any consumer would be entitled to follow the path in order to seek a remedy. 

 

"Goods are to be of satisfactory quality which includes their durability"
Not forgetting of course that when considering the quality and durability of goods, the price paid can be taken into account and a microwave oven for £60 is getting towards the lowest possible price you can pick one of these appliance up for and IMO, getting 17 months use from it isn't too bad.
Even if the OP did obtain a report that went in their favour, realistically speaking, how much of a refund would they be entitled to after this period of time?

All correct but that doesn't distract from the point I was making which was that what the other person posted wasn't presented well and lacked a little understanding of the regs.

As an aside we have bog standard microwave here purchased 20 years ago still going strong. The problem is that manufactures now make goods to fail, the legislation hopefully provides a little balance to protect the consumer from being taken for a complete ride.  

Sadly when the amount is small the practicality of enforcing your rights probably isn't worth the effort.