Consumer rights on a faulty cooker that's out of warranty

pinkdreamfish

Does anyone know what my consumer rights are for a faulty cooker that is out of warranty? Specifically, am I entitled to a refund, repair or replacement - or does the retailer need to only offer one of these options?

Purchased a cooker, delivered Feb 2020.

Fault developed Sept 2021

Retailer (AO) advised we pay for a repair and care plan, which we did at an additional £144 cost.

Its plan is not able to repair the cooker until March 2022 due to the part needed. However the engineer did confirm that it was a manufacturing fault that has been present since it was delivered to us (eg inherently faulty I believe). We would also expect a cooker of this value to last longer than 18months. 

We have asked for a replacement - like for like. AO is refusing and saying they will only offer a depreciated refund. But, the refund being offered is on the price of the cooker less £100 (which was cashback from the manufacturer when we purchased) and essentially means we can't afford to replace the cooker with something of the same quality. We would need to find an additional £4-500 to get something similar which we just don't have spare.

I fully understand why it is a depreciated refund as we have had use of the cooker for 18 months, however, our preference is either a repair (which isn't possible due to time scales) or a replacement. Do AO have to take this into consideration if we reject the refund?

This has been dragging on for three months now and all the while I am not able to feed my children properly because the cooker doesn't function fully (no hob). We are now looking at using an ADR but I am trying to find out whether the depreciated refund is all we can expect. I am keen to resolve it quickly because after next weeks the kids will be home and it is going to be difficult trying to cook food they will eat without the hob over the holidays (not to mention that Christmas dinner is hanging by a thread). 

Thank you if anyone is able to help advise us. 

the_lunatic_is_in_my_head

I would be looking at getting a refund for the care plan from AO. Taking £144 and then offering to repair your cooker in March is taking the biscuit. 

They can refund and make a deduction for ownership, how much was the cooker?

Does "which was cashback from the manufacturer when we purchased" mean you got £100 cashback from the manufacturer when you purchased? If so was this offered by AO or a general offer from the manufacturer? 

56cheffy

Sorry to 'butt in' on your post but coincidentally I have exactly the same problem today with a HOTPOINT - Class 2 DD2 844 C IX Electric Double Oven.

It is in a house that I rent out.

The tenant came home to find the grill glowing red hot and thought someone had left it on, but no one had.

It has happened a few times now and is obviously a fire hazard.

She now turns the oven off at the mains when it's not in use.

She called Curry's, they said it was Hotpoint's problem.

Hotpoint basically offered the same options as the OP has received.

She was told that if it was not repairable a new oven would have to be purchased because it was out of warranty!

The oven has a 10 year parts guarantee (labour not covered) 

She was told that didn't matter.

It's quite obvious that a part has failed to cause the problem so how can this be the case?

This oven is quite obviously dangerous.

What should I do?

Thanks

EDIT

Forgot to say the oven was purchased in 22nd August 2020.

i would expect a £420 oven to last longer than 15 months!

JJ_Egan

Consumer Rights against the vendor not Hotpoint .

Rented out house not sure if this comes under business use not consumer rights .

Aylesbury_Duck

A practical suggestion: buy an electric or gas hob so you can cook normally for a while.  I recently bought a camping gas hob with eight gas cylinders for about £26.  You can get a twin portable electric hob for about £30.  No need to go three months and more without a hob.

pinkdreamfish

Aylesbury_Duck said:

A practical suggestion: buy an electric or gas hob so you can cook normally for a while.  I recently bought a camping gas hob with eight gas cylinders for about £26.  You can get a twin portable electric hob for about £30.  No need to go three months and more without a hob.

Yes this is what we are also looking at - our cooker was an induction hob, so we replaced all of our pots with induction ones, so I need to check what we can get something that is compatible. We've already gone out and bought a kettle (we had a hob top kettle) as microwave coffee wasn't cutting it. I think it's more trying to determine if we're being unreasonable to ask for a replacement. The ADR can take up to 90 days so I only want to proceed if we have a reasonable chance of success. Thanks so much for your help.

Ergates

Induction compatible pans should still work on non-induction hobs.  

Bradden

Sadly the care plan you purchased from AO does not cover business use so I'd be careful mentioning tenants to them.

pinkdreamfish

Bradden said:

Sadly the care plan you purchased from AO does not cover business use so I'd be careful mentioning tenants to them.

It was myself that took out the care plan from AO and it is for our personal use. It was pointless anyway as the first engineer came out and determined he couldn't fix it without the necessary parts. The second engineer had to be called out to repair the problem the first engineer had caused (he'd dropped a screw unknowingly which had landed in such a way that it stopped the thermostat and fan working) and now the parts we need are out of stock until at least March next year. The plan says that if they can't repair the item they will organise a replacement however, they say because we've had two engineers out they have upheld their side of things and we just have to wait. 

Manxman_in_exile

It's a pity 56cheffy "butted in" on this thread instead of starting their own as it's no longer clear who is replying to whom and whether the original OP has a AO care plan and the cooker is for tenants, or they have a AO care plan and the cooker is for their own personal use!

Grrr!!!!!

Manxman_in_exile

Bradden said:

Sadly the care plan you purchased from AO does not cover business use so I'd be careful mentioning tenants to them.

Noooo!  Thanks to 56cheffy you are mixing them up with pinkdreamfish...