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Currys not replacing Damaged Washing Machine

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Hi

I wondered if anyone can advise me of my rights on having a damaged washing machine replaced as Currys are refusing to replace it.

Sat 17/09/05 Washing Machine delivered in box as I was fitting it. Didnt get chance to check it so I wrote on delivery note "left in box at customer request".

Mon 19/09/05 Noticed washing machine damaged, spin button was pushed in and machine kept changing spin speed mid-cycle (machine is digital display).

Tues 20/09/05 Contacted Currys and was advised that machine would be exchanged and I would receive an email from Headoffice when this would be.

Thurs 22/09/05 Contacted Currys again as had not heard anything and again lady advised had been logged. Head Office would advise me when I would receive a new machine.

Tues 27/09/05 Telephoned Currys as no email received and again advised that I would receive an exchange.

Thurs 29/09/05 I received an answerphone message at home to say that an engineer would call on Monday 3rd October to assess the damage and see if it could be repaired!

Fri 30/09/05 I rang Currys to advise didn't want my washing machine repaired! They are now refusing to exchange it as they are saying that I didnt contact them within 48 hours.

I have never heard of having to contact a supplier within 48 hours of delivery if an appliance is damaged. I have now made numerous calls to Currys and they are still refusing to replace it. In fact, their literature states that they will offer an exchange or refund if a product develops a fault within 28 days of delivery.

I feel very let down that I have spent nearly £300 on a machine and it is not in a satisfactory condition. Am I within my rights to refuse a repair? and does anyone know what my rights are?

Thanks.
«1

Comments

  • kipper_2-2
    kipper_2-2 Posts: 56,025 Forumite
    I had the exact same problem as you but with a TV.I had it in the box for over a week before I discovered it was smashed to smithereens! They firstly said they would send someone out from Mastercare to fix it (Now he would have been a damn good engineer!)


    Had exactly the same phone conversations as you and was shoved from pillar to post, fobbed of with excuses left right and centre. I was then told the model I had was discontinued,there wasn't another one left in the country,blah blah blah, and would have to find a replacement for the same value, but I wasn't having that, as the same TV with a slightly different model number was on sale for £200 more and in the end they reluctantly agreed to give me the newer model at the same cost as the old model.

    All I can say is PERSEVERE it will take time,effort and a lot of phone calls but hopefully you will get there in the end!
  • IvanOpinion
    IvanOpinion Posts: 22,258 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I agree with kipper .. there are times to give up and times to persevere and this is defintely one of the latter. Did the engineer call on Monday?

    Ivan
    I don't care about your first world problems; I have enough of my own!
  • wilcock1
    wilcock1 Posts: 65 Forumite
    Hi yes the engineer called, but I had contacted them by email on the Friday before to advise them that I wasn't accepting a repair so I didnt expect them to.

    Also, the problem is when you say it will take alot of calls, guess what its a 0870 number. Have tried to get another number on the saynoto870 number without success as when I called it they gave me another 0870 number!
  • IvanOpinion
    IvanOpinion Posts: 22,258 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Can you not call into the shop and discuss it with them .. preferably the manager? (probably cheaper than an 0870 number)

    Ivan
    I don't care about your first world problems; I have enough of my own!
  • wilcock1
    wilcock1 Posts: 65 Forumite
    Hi Ive tried that and because I ordered via the internet they wont discuss it with me!!!

    Am getting really fed up. Surely I must have rights?
  • kipper_2-2
    kipper_2-2 Posts: 56,025 Forumite
    I bought my TV on the internet too


    Have you tried asking to speak to someone senior about it?
  • wilcock1
    wilcock1 Posts: 65 Forumite
    Hi Yes I have now spoken to a supervisor and in their opinion it is cosmetic?

    I said I dont know know if its cosmetic, what if the washing machine has dropped for example and still I want it replacing.

    But they wont budge! Are still saying I didn't contact them within 48 hours so am not entitled to a new machine.

    Ive never heard of anything so ridiculous.
  • Wig
    Wig Posts: 14,139 Forumite
    Send them a letter (recorded delivery) stating you are rejecting the goods, under the sale of goods act, and that they are welcome to collect it at an agreed reasonable time. Lay out that you have so far contacted them by phone on such dates..(and you have the itemised phone records to prove this)...Tell them you want your money refunded & it collected, within one month. And if you do not recieve satisfaction then you will either claim from your credit card company or claim against them in a small claims court.

    you can claim online too https://www.moneyclaim.gov.uk/csmco2/index.jsp

    http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm

    http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm
  • Fifer
    Fifer Posts: 59,413 Forumite
    10,000 Posts Combo Breaker
    Do exactly what Wig says but also mention their guarantee to replace if the fault develops within 28 days.
    There's love in this world for everyone. Every rascal and son of a gun.
    It's for the many and not the few. Be sure it's out there looking for you.
    In every town, in every state. In every house and every gate.
    Wth every precious smile you make. And every act of kindness.
    Micheal Marra, 1952 - 2012
  • wilcock1
    wilcock1 Posts: 65 Forumite
    Thanks Wig I'll give that a go. Hopefully, Ill have a better response than going through the telephone route.
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