Faulty washing machine - less than 6 months - CRA 2015

QrizB

m0bov said:

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

I might hold off on that until I've given the retailer a chance to respond, but yes it's definitely on my escalation calendar!

born_again

m0bov said:

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

All well & good.
We take it that OP want's the machine sorted ASAP.
CC will require a 3rd party report, even though it is under 6 months to prove the issue.

QrizB

the_lunatic_is_in_my_head said:

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.

Email sent today, the 14th. 14 days from today (for the "final right to reject" date) is the 28th, which is still within 6 months from delivery.

Let's see what they say.

Ergates

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. 

The *potential* issue with going straight to the manufacturer is:   The retailer is entitled to 1 attempt at repair/replacement and if that doesn't fix the issue you are entitled to reject for a refund (and within 6 months, that's a full refund).   

If you go straight to the manufacturer then you have not given the retailer their 1 chance.   So, if after doing that it still doesn't work, you *then* have to give the retailer their 1 chance.

So, *if* it gets it fixed, then it might be quicker, but if it doesn't it'll delay a refund, and if that then pushes you past 6 months, then a) the retailer is allowed to ask for evidence the fault was present from the start and b) the refund can be reduced to reflect the time you've had the machine.

If you contact the retailer first, and they tell you to contact the manufacturer under the warranty then that counts as their 1 attempt, and it stops the clock on the 6 months.

the_lunatic_is_in_my_head

born_again said:

m0bov said:

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

All well & good.
We take it that OP want's the machine sorted ASAP.
CC will require a 3rd party report, even though it is under 6 months to prove the issue.

Appreciate you are no doubt correct and they might want such but I don't see they can insist for the consumers who push back and assert their rights  

born_again

As CC are not experts in these or any other devices then they need a expert to prove there is a issue. Report would be refunded if S75 claim is paid.

the_lunatic_is_in_my_head

born_again said:

As CC are not experts in these or any other devices then they need a expert to prove there is a issue. Report would be refunded if S75 claim is paid.

They really should commission their own  

MyRealNameToo

the_lunatic_is_in_my_head said:

born_again said:

As CC are not experts in these or any other devices then they need a expert to prove there is a issue. Report would be refunded if S75 claim is paid.

They really should commission their own  

If they want to challenge that it's not inherently faulty which is the base line position for the first 6 months then yes they should as its the merchant and so their responsibly to disprove it but they could simply accept the claim without a report too. 

QrizB

Customer service replied today, asking for the serial number of the mchine and a description of the fault. Have provided the requested information so the ball's back with them.

QrizB

Beko / Hotpoint (all the same company) messaged me on Tuesday with a service engineer appointment for this morning.

The engineer turned up on schedule. Seemed a nice guy, had been in the business for 15 years, said my machine was the first of "the new ones" he'd been called out to. Checked the error codes on the diagnostic menu; it was showing a fault wth the spin sensor. The sensor itself was fine, so (per the script on his iPad-thing) he replaced the motor controller (he had one on his van).

He was finished in about 35 minutes, had fixed two machines before mine and had another four to do for the day!

The machine is currently washing a load; hopefully it will complete a couple of hours from now.