John Lewis and the Consumer Rights Act

spotty_butterfly10

Hi all, massively appreciate any help I can get please, thanks so much in advance.

I bought a washer/dryer 2 years and 3 months ago, a year and a half after buying it it broke and under the warranty it was fixed.  2 years and 1 month after we bought it it broke again, and was outwith the 2 year warranty.  I have asked for John Lewis, under the Consumer Rights Act for a refund as it is not fit for purpose (as it doesn't wash or dry - there is no heat) and it's not to the quality, I'm asking for a refund as they have already attempted to fix and it's not worked long term.  They are refusing to repair or refund.  I thought under the Consumer Rights Act, and with the Limitation Act, that the seller still had responsibility to a repair, replacement or refund within 5 years (in Scotland).   I have raised to the highest level in John Lewis, their Directors, and they're not not respecting the Consumer Rights Act.  Grateful for advice.

Caz3121

do you have an independent report on the cause of the issue and to show that the fault existed when you purchased it?


https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product-aTTEK2g0YuEy

Six months or more

If a defect develops after the first six months, the burden is on you to prove that the product was faulty at the time the goods were delivered to you.

In practice, this may require some form of expert report, opinion or evidence of similar problems or defects across the product range.

The retailer can also make a deduction from any refund for fair use after the first six months of ownership if an attempt at a repair or replacement is unsuccessful.

You have up to six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.

This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.

Ergates

When you had the original repair, did you get this done via John Lewis, or did you go straight to the manufacturer under the warranty ?

What response *did* you get from John Lewis when you went back to them after the 2nd failure.

Okell

Under the Consumer Rights Act 2015 a retailer has only one opportunity to replace or repair "faulty" goods.  If that replacement or repair fails then you are entitled to a refund.

However, you face three problems:

1.  After 6 months from delivery the onus is on you to prove (on the balance of probablilty) that the m/c did not conform to contract (ie had some latent manufacturing or design fault or defect) on the day you bought it.  As you bought it over two years ago that might be difficult.  Can you get a report from independent repair man/engineer supporting such a position.

2.  After 6 months from delivery, (assuming you can satisfy 1. above), the seller is entitled to deduct an amount from your refund to reflect the use you've had of the m/c.  You'd likely be entitled to about 60% of a full refund at best

3.  JL might argue that the repair you had done previously was done under warranty and cannot be counted as their single permitted attempt at repair under the Consumer Rights Act.  Providing you approached JL and not the manufacturer about this repair, I think such an argument from JL is spurious.  But if you didn't go to JL first and if JL didn't direct you to getting it fixed under warranty, then your position is more difficult.

By all means go back to JL and refer them to s24(5)(a) of the Consumer Rights Act 2015 and tell them that as their one attempt to repair has failed, you are rejecting the m/c for a refund.  But be prepared for them to ask you to prove that the m/c was faulty when you bought it (see 1. above) and be prepared for them to deduct money from the refund (see 2. above).

Or they might argue that they are still allowed one attempt at repair under the legislation rathee than under warranty (see 3. above)

spotty_butterfly10

Hi all, thanks for all comments to date.  In terms of the questions then we have always gone through JL for the repair and all communication.  When we reported the 2nd failure they didn't come back about any of my points on the Consumer Rights Act and frankly, aren't interested in helping us get to a conclusion.  For the report after the 6 month period and the buyer proving the fault, where about is that please in the act?  I thought I had read somewhere in the act that it is not for the buyer to incur the expense but for the seller.  If I engage an engineer for a report then it'll be me that incurs the cost.

MattMattMattUK

spotty_butterfly10 said:

Hi all, thanks for all comments to date.  In terms of the questions then we have always gone through JL for the repair and all communication.  When we reported the 2nd failure they didn't come back about any of my points on the Consumer Rights Act and frankly, aren't interested in helping us get to a conclusion.  For the report after the 6 month period and the buyer proving the fault, where about is that please in the act?  I thought I had read somewhere in the act that it is not for the buyer to incur the expense but for the seller.  If I engage an engineer for a report then it'll be me that incurs the cost.

If the report by the relevant qualified professional states that the issue was present at purchase then you will be reimbursed for the cost of obtaining the report, provided that the cost is reasonable. 

RefluentBeans

spotty_butterfly10 said:

Hi all, thanks for all comments to date.  In terms of the questions then we have always gone through JL for the repair and all communication.  When we reported the 2nd failure they didn't come back about any of my points on the Consumer Rights Act and frankly, aren't interested in helping us get to a conclusion.  For the report after the 6 month period and the buyer proving the fault, where about is that please in the act?  I thought I had read somewhere in the act that it is not for the buyer to incur the expense but for the seller.  If I engage an engineer for a report then it'll be me that incurs the cost.

Hi OP - in the first six months the burden of proof is reversed - meaning that the retailer must show the goods conformed. But this reverts back to normal legal status after 6 months meaning you must show that the goods haven’t conformed/are faulty. 

But as others have said, if you are successful, you can claim back reasonable costs to get the report. Obviously if they say the product was faulty through misuse/overuse/not faulty you can’t claim the report back as the report would support the retailer and not you. 

P.s. the title of the thread sounds like the worst Harry Potter book!