Faulty Indesit washing machine

dasanderson

Hi

Bought an Indesit washing machine from Whirlpool UK Appliances Ltd on 27/10/21, without an extended warranty for £252 with a credit card.

Exactly 23 months later on 27/09/23, the machine malfunctioned, it just makes a loud buzzing noise when I try to select any program.

I have spoken with Whirlpool who have only offered to sell me care plans both of which I firmly consider to be of very poor value.

Or to fix the machine on a chargeable basis with a £70 fee, if the machine is none repairable.

There is a delay of at least another week for the availability of one of their engineers anyway.

I’ve booked an appointment with a reputable local repair company company tomorrow, £25 diagnostic charge, deductible from final bill if I go ahead with any repair.

My last washing machine lasted for 21 years as I am a single person household. This machine has been used a maximum of 100 times, I am therefore very dissatisfied.

I would now ask:-

If I go ahead with any repair tomorrow, by the independent company, would I have any reasonable chance of claiming these costs back from Whirlpool under the Consumer Rights Act?

What is the likelihood of me being able to make a successful Section 75 claim against my credit card?

Thank you in advance for any information or advice offered, it is the first time I have been in a situation of this nature.

the_lunatic_is_in_my_head

Hello OP

dasanderson said:

I have spoken with Whirlpool who have only offered to sell me care plans both of which I firmly consider to be of very poor value.

Really Whirlpool should have advised you to seek an independent inspection in order to obtain a remedy under the CRA.

It seems you're one step ahead so once you have that inspection if it shows the cause was a manufacturing defect or at the very least, on the balance of probability (i.e more rather than less, doesn't have to be 100% proof) states that the problem wasn't caused by user error/misuse you should go back to Whirlpool and advise the machine does not conform to the contract in terms of durability and you are seeking a repair or replacement.

If they refuse, or simply don't, you'd need to exercise your choice of either the final right to reject (with a deduction for use, often as time owned since delivery vs lifespan*) or a price reduction. Either way Whirlpool should cover the inspection.

That price reduction could for example be the cost of repair.

If this refund of the diagnostic fee requires you to agree to a repair there and then you'd have to consider following the above and going by the CRA or getting the repair done and seeking damages for the repair cost*. The result is the same, it's just best to tell Whirlpool what's going on with the correct language. 

*Washing machines don't last as long as they used to, today you are looking:

 Low quality – two to five years or Medium quality – six to eight years.

I think I would be leaning towards low quality at a price of £252 unless it was genuinely discounted, say as end of line. 

*One last thing, I'd be careful spending a fortune on repair, assuming no genuine reduction in sale price, if we are generous and say the machine should last 5 years and 2 are gone that's only £150 worth of value so I'm not sure you can claim, say, £300 worth of damages to repair something worth £150.

Alderbank

If you require Whirlpool to repair or replace the goods, they must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials).

The reasonable time and significant inconvenience might be debatable but there is no doubt they have refused to bear the costs. You can therefore tell them that because of this you will have the repair carried out without inconvenience etc. by a local company and you will expect a price reduction of the repair cost under your statutory rights in s24 'Right to Price Reduction' of the Consumer Rights Act 2015.

This will also give you the benefit of an independent inspection if they ask for one.

ETA: Apologies for crossed post, @the_lunatic_is_in_my_head. Your post is much more helpful than mine

Alderbank

the_lunatic_is_in_my_head said:

Hello OP

dasanderson said:

I have spoken with Whirlpool who have only offered to sell me care plans both of which I firmly consider to be of very poor value.

*Washing machines don't last as long as they used to, today you are looking:

 Low quality – two to five years or Medium quality – six to eight years.

I think I would be leaning towards low quality at a price of £252 unless it was genuinely discounted, say as end of line. 

Strictly speaking, CRA 2015 says the reduction should be for amount of use rather than just years of ownership.

The OP makes a point of saying that her usage in a single adult household is very low, once a week at most. She should make a point of this when claiming.