Faulty washing machine - less than 6 months - CRA 2015

QrizB

As the title, really. I purchased a washing machine (a washer-drier) at the start of April, it's now early September and as of this week it neither washes or dries.

The supplier's website https://markselectrical.co.uk/faulty-items states "Marks Electrical do not offer support for items over 30 days old" but I think that's not consistent with UK consumer law? Any comments?

I'm planning to send the following email to the supplier:

Dear Marks Electrical,

On the 1st of April this year I purchased a Beko washer dryer from you. I have attached a copy of my sales order as proof of purchase.

The washing machine has recently developed a fault and will not complete a wash cycle. My last two attempted wash cycles have failed within 30 minutes. It also fails to dry laundry on a drying cycle.

Less than six months have passed since the date of my purchase, and so in accordance with my rights under the Consumer Rights Act 2015 I am looking to you to repair or replace the washing machine. I would prefer a replacement if possible.

If you are unable to repair or replace the machine in a timely fashion, I will accept a full refund.

I look forward to hearing what steps you will be taking at you earliest opportunity.

Can anyone suggest any changes I should make?

tacpot12

Marks Electrical can't avoid their responsibility under the CRA 2015, but they might be able to avoid helping you to figure out whether the washing machine is faulty or not. You need an appliance repair company or Beko to tell you what the fault is. It might be a blocked filter or a problem with your plumbing. You will need their findings in writing, to submit to Marks to confirm that the machine is faulty.

Have you registered the appliance with Beko? I would try doing that now in case you are in time to get the 1 year warranty. 

QrizB

The filter is clear.

It fills and pumps out, suggesting the plumbing is OK.

The machine has just spent 20 minutes in some sort of loop, failing to complete a 12-minute spin cycle (not spinning at any point).

lincroft1710

My washing machine (a Bush) will struggle to complete a wash, if the laundry has not been evenly distributed in the machine. A single pair of jeans failed to spin because the load was not balanced

the_lunatic_is_in_my_head

Fault is presumed within first 6 months, contact the company and state that

"the goods do not conform to the contract in terms of satisfactory quality with regards to durability

https://www.legislation.gov.uk/ukpga/2015/15/section/9

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(e)durability.

and as such you are seeking a remedy of a repair or replacement as per your entitlement under Section 23 of the Consumer Rights Act:

https://www.legislation.gov.uk/ukpga/2015/15/section/23

and if they are not able to assist to remedy the situation within 14 days you shall exercise the final right to reject as per Section 24

https://www.legislation.gov.uk/ukpga/2015/15/section/24

Whilst noting Section 18 paragraph (4):

https://www.legislation.gov.uk/ukpga/2015/15/section/19

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day."



If they reply to fob you off, just reject the unit and buy another.

OP make sure you get your right to reject in before the 6 months period expires*, if it comes to that you merely need to send a follow up email stating you are rejecting in accordance with Section 24. You do not need their permission to do this. 

*This entitles you to a full refund and keeps burden of proof on them.

Anything about 30 days is nonsense. 

QrizB

Thanks, will do that!

m0bov

Worth pointing out to them that misleading you of your statutory rights is an offence.

How did you pay?

Keep_pedalling

From a practical point of view wouldn’t just using the manufacturing warranty be the fastest way to get it fixed? The retailer will likely just go down the same route just adding delay to getting a fix. That’s what I did with our tumble dryer when it died after 5 months. 

QrizB

m0bov said:

Worth pointing out to them that misleading you of your statutory rights is an offence.
How did you pay?

Credit card (HSBC).

Keep_pedalling said:

From a practical point of view wouldn’t just using the manufacturing warranty be the fastest way to get it fixed? The retailer will likely just go down the same route just adding delay to getting a fix. That’s what I did with our tumble dryer when it died after 5 months. 

I think I have stronger rights with the supplier; one chance to fix ot replace it, then a refund if unsuccessful. The Beko warranty is for a repair or replacement but no option of a refund.

If it was over 6 months, yes I'd be going to Beko.

the_lunatic_is_in_my_head

QrizB said:

m0bov said:

Worth pointing out to them that misleading you of your statutory rights is an offence.
How did you pay?

Credit card (HSBC).

Keep_pedalling said:

From a practical point of view wouldn’t just using the manufacturing warranty be the fastest way to get it fixed? The retailer will likely just go down the same route just adding delay to getting a fix. That’s what I did with our tumble dryer when it died after 5 months. 

I think I have stronger rights with the supplier; one chance to fix ot replace it, then a refund if unsuccessful. The Beko warranty is for a repair or replacement but no option of a refund.

If it was over 6 months, yes I'd be going to Beko.

Yes completely correct, that first fix via the retailer is their only chance.

If you paid on cc then Section 75 will apply, if you reject you could notify the cc of your rejection also so if the retailer does mess about you have the same right to refund from the cc.

m0bov

Write a letter before action, copy in your credit card company. They are jointly liable.