Induction hob keeps failing, what are my rights?

DullGreyGuy

Dr_Wu said:

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.

Then advise them that as per the Consumer Rights Act that you are exercising your Final Right of Rejection under section 24 given they have already been given the opportunity to repair the item more than once and it has broken again. If they try to push you to the manufacturer you need to stand firm that you are claiming under your statutory rights that are with them and not the warranty with the manufacturer. 

MSE_ForumTeam5

Threads merged

Dr_Wu

Thanks for all the helpful feedback.

The latest is that the manufacturer is going to send out an entire new cooker which will come with another full years warranty. That particular model gets pretty good reviews so hopefully the old one which kept breaking was just a 'friday afternoon job' (if that's still a thing!)

Okell

Dr_Wu said:

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.

I would say that so long as your daughter went back to the retailer each time the hob failed then it was their (the retailer's) choice to refer it to the manufacturer rather than try to remedy it themselves.

Your daughter needs to make it clear to the retailer that by going back to them when the hob failed the first (and subsequent) times, that she was exercising her rights under the Consumer Rights Act 2015 (legislation.gov.uk).  The fact that the retailer decided to try to fulfil their obligations under the legislation by getting the manufacturer involved was their choice not your daughter's.

Under the legislation your daughter was entitled to go back to the seller and to exercise her final right to reject the hob after the first repair or replacement failed.  See s24(5)(a).  It's perhaps a pity she didn't do so then.

I'd suggest she needs to tell the retailer that after 4 hob failure she is (belatedly) exercising her right under the above legislation to reject the hob for a refund.  Be aware that the retailer can deduct from the refund an amount to reflect the use your daughter has had from the hob since it was bought.  See s24(8).  She'll need to haggle with the trader over this depending on what the expected lifespan of an induction hob is.  (See the earlier post by @tightauldgit on 06 September 2023)

NB - The above assumes either that the retailer accepts that the hob is faulty or that your daughter can establish it is faulty.  History would seem to show it is faulty...