Induction hob keeps failing, what are my rights?

Dr_Wu

Hi

My daughter bought a new induction hob last September. It failed in July this year and the supplying retailer replaced it with a new unit after their engineer assessed it. The company extended the original one year warranty by an additional 3 months as a gesture of goodwill. The new unit failed last week. Same engineer diagnosed same fault, again recommended a new hob and double checked the house wiring but confirmed that it was fine and that the problem lay with the induction hob. So, the new (3rd) unit is due to be installed next week and as things stand the warranty will expire in December. Having had 2 hobs fail on her in such a short space of time, my daughter is inevitably worried that it will fail again but this time outwith the warranty period. Does she have any rights under the consumer rights act that might offer her some additional protection?

Thanks in advance (ps: I told her she should have stuck with gas!)

SaverRate

Dr_Wu said:

Hi

My daughter bought a new induction hob last September. It failed in July this year and the supplying retailer replaced it with a new unit after their engineer assessed it. The company extended the original one year warranty by an additional 3 months as a gesture of goodwill. The new unit failed last week. Same engineer diagnosed same fault, again recommended a new hob and double checked the house wiring but confirmed that it was fine and that the problem lay with the induction hob. So, the new (3rd) unit is due to be installed next week and as things stand the warranty will expire in December. Having had 2 hobs fail on her in such a short space of time, my daughter is inevitably worried that it will fail again but this time outwith the warranty period. Does she have any rights under the consumer rights act that might offer her some additional protection?

Thanks in advance (ps: I told her she should have stuck with gas!)

Your lucky they extended it 3 months, most retailers either say its for the remainder of the warranty or the warranty stops when the unit is replaced. 

Whos the manufacturer and retailer?

Anything after the warranty ends is a goodwill gesture unless she can prove they all have the same fault since purchase. She could reject the replacement and ask for a voucher or credit towards a different model? I highly doubt they will provide an endless warranty. 

Don't really know why you gave the comment about Gas, we have had induction for a few years now and not had an issue. Much safer than gas and so much easier to wipe clean etc. 

tightauldgit

I'd ignore any reference to the warranty and the above advice about things being a goodwill gesture after the warranty ends. Warranties are separate to your basic consumer rights with the retailer. 

Under the Consumer Rights Act I think you should have a right to reject the item now since their repair has failed however it seems that you have accepted another replacement. If this hasn't yet been actioned you might be able to tell them you've changed your mind and just want a refund. If not then if the next replacement fails then you should still be able to reject the item and get a refund. 

Bear in mind that any refund will be reduced to reflect the usage you have had of the item - so roughly a year. I'm not sure what the expected life of a hob like this would be 5 years maybe? So you might be due 80% back.  

The only slight complication might be whether the retailer agrees that a warranty replacement constitutes their one allowed attempt to repair/replace under the consumer rights act but I'd at least be insisting it does initially and see if they dispute that. 

RefluentBeans

Agree with tightauldgit. Statutory rights certainly aren’t goodwill, and retailers often use the term goodwill to make people think they’re going above and beyond rather than doing what they’re legally obligated to do.

I have wondered if the warranty replacement would constitute a replacement/repair in the eyes of the CRA - for example if the product had a lifetime warranty could that circumvent the right to reject after a failed repair.

Either way (as it’s an academic point, if the OP is okay with a replacement) that the product sounds inherently faulty and wouldn’t be hard to prove it was, so hopefully retailer will sort out a repair. Sounds bad that 2 have failed in the same way though. 

pinkshoes

Are the manufacturer and the retailer the same entity?

IF they are then you could be going down the Consumer Rights route as mentioned above and rejecting it due to the second failure. 

If you bought it from another retailer and have gone through the warranty route this has muddied the waters somewhat as your consumer rights are with the retailer.

Dr_Wu

Hi, I've posted about this before but sadly the problem is ongoing.

My daughter purchased an expensive (over £2K) induction hob in November 2022)

Since then the unit has failed 4 times and has been repaired under warranty 3 times (it's only just failed for the 4th time).

The warrantly was extended by the manufacturer once and it is now under warrantly until September 2024

With this most recent failure (the 4th in just over a year) my daughter is sick fed up with the endless failure/repair cycle and has asked for a refund from the retailer under the Consumer Protection Act because she has proof (all the repairs) that the item has been faulty from shortly after she bought it. Understandably she has no confidence in a 4th 'repair'.

The retailer is fobbing her off, saying they have to refer this back to the manufacturer as it is a warranty issue and ignoring her request for a refund under the CPA.

Does anyone have any suggestions re what to do next? Is it simply a case of starting a claim through the small claims court?

BoGoF

Need a more detailed timeline of the 4 faults.

DullGreyGuy

Curious, for own purposes, not relevant to the query, which brand it is?


 The Consumer Rights Act is what provides your statutory rights against the retailer, as the item is over 6 months old this both means 1) its up to you to prove the item is faulty and 2) the retailer is entitled to reduce any refund to reflect the use received to date. 

 Normally the retailer gets 1 attempt in which they can chose to repair or replace the item (or refund) but if it breaks again you then have the right to reject the goods and request a refund. Having dealt with the manufacturer and not the retailer it makes it less clear if you are now at stage 1 where the retailer can insist on a repair or stage 2 where you can insist on the refund. Was it you that originally decided to go to the manufacturer or did you go to the retailer but then redirected to the manufacture? If its the later its easier to argue the prior attempts to fix do count as the retailers only allowed attempt. 

 Ultimately if a retailer refuses to acknowledge their duties under the CRA there is little option but to send a letter before action and then file a court claim with MCOL. 

Dr_Wu

DullGreyGuy said:

Curious, for own purposes, not relevant to the query, which brand it is?


 The Consumer Rights Act is what provides your statutory rights against the retailer, as the item is over 6 months old this both means 1) its up to you to prove the item is faulty and 2) the retailer is entitled to reduce any refund to reflect the use received to date. 

 Normally the retailer gets 1 attempt in which they can chose to repair or replace the item (or refund) but if it breaks again you then have the right to reject the goods and request a refund. Having dealt with the manufacturer and not the retailer it makes it less clear if you are now at stage 1 where the retailer can insist on a repair or stage 2 where you can insist on the refund. Was it you that originally decided to go to the manufacturer or did you go to the retailer but then redirected to the manufacture? If its the later its easier to argue the prior attempts to fix do count as the retailers only allowed attempt. 

 Ultimately if a retailer refuses to acknowledge their duties under the CRA there is little option but to send a letter before action and then file a court claim with MCOL. 

It's a Stoves Richmond Deluxe S900Ei. Apparently my daughter contacted the retailer for the previous repairs and they (retailer) got the manufacturer involved to arrange the repair.

Dr_Wu

BoGoF said:

Need a more detailed timeline of the 4 faults.

Still trying to get the exact months it failed....(Most recent one is easy, Feb '24!)

born_again

Asked for this to be merged to other thread. 👍