13 months old Washer dryer

[n6600]

I have sent a letter to currys, folllowing all the advice from this website but i received the below reply

Thank you for your email dated 27th September 2007, which has been
brought to my attention this afternoon.

It is concerning to hear of the problems you have experienced surrounding
your faulty washing machine.

Our 12 month warranty provides for repair on a free of charge basis
to cover problems arising from the manufacturer or assembly of a
product. Faults that occur after the guarantee period has expired are
usually the result of fair wear and tear, not a manufacturing defect.
The cost of the repair in those circumstances is not the responsibility of
the retailer, but of the purchaser.

If your washing machine is faulty due to a manufacturers fault, and you
require us to consider your claim further, please obtain a detailed
engineer’s report.

The report should state the nature of the fault, parts required and
relevant costs including vat and labour. Should your product be
faulty due to an manufacturers defect, then we will consider a contribution
or reimbursement of the cost of repair.

Once you have obtained the report please send to the Currys Support
address, along with a covering letter and a copy of the purchase receipt.

When received your claim will be given full consideration.

Currys Support
Customer Contact Centre
PO Box 1687
Sheffield
S2 5YA

Yours sincerely,

Laura Whitehouse
Currys Support



Any idea how much it costs to get an engineer in to write a report? do i just find one from the yellow pages?

[n6600]

Dear Sirs
Sale of Goods Act 1979 (as amended)
On 5 August 2006 I bought an Ariston Washer Dryer model number A1400WD from Currys, Kingston upon Thames Branch for £349.95 in which I paid £171.90 by Morgan Stanley Master Card and the rest by Currys credit notes. I have discovered it is faulty.
The problem is the water was coming out from the detergent drawer on 24 September 2007 whilst I was cooking in the kitchen as the water splashed out from the detergent drawer, I got an electric shocked because water splashed into the power plug and my electricity box fuse tripped after I unplug the power cord.
I complained about this to Mr John of Currys, Kingston upon Thames Branch on 26 September 2007 and he refused to offer any help as he said it is out of warranty.
I have also called Mastercare who is also unhelpful as they told me that my washer dryer is out of warranty and they said they will have to charge me £94.99, (which is a third of the purchase price) for one of their engineers to come round and have a look.
Under s14 of Sale of Goods Act 1979, it says the quality of the goods sold must be satisfactory that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price and all other relevant circumstances.
I wish to reject the goods, as it is not of satisfactory quality, and claim a replacement/refund from you.
Please respond to my complaint within seven days.
Yours faithfully

Sally Lu

[sequenci]

ignore my post. i can see you are already aware of The SOGA!

[Lefty]

Originally Posted by n6600

Our 12 month warranty provides for repair on a free of charge basis
to cover problems arising from the manufacturer or assembly of a
product. Faults that occur after the guarantee period has expired are
usually the result of fair wear and tear, not a manufacturing defect.
The cost of the repair in those circumstances is not the responsibility of
the retailer, but of the purchaser.

WRONG. WRONG. WRONG!

Firstly, it's not THEIR warranty, it's the manufacturer's warranty. And a manufacturer's warranty is IN ADDITION to your statuatory rights.

Secondly, "faults" do not suddenly appear due to "fair wear and tear". This aside, a product is expected to be DURABLE (to the degree that a "reasonable" person would expect), if it is proven NOT TO BE durable (to a degree that a "reasonable" person would expect) then it is a FAULT IN MANUFACTURE. ie - Not of satisfactory quality.

Your statuatory rights DO NOT come to an end when your manufacturer's warranty expires!

As you have now sent a request in writing - and you have had a reply, it's now time to refer the problem to Trading Standards who will, if necessary, act on your behalf.


Lefty

[n6600]

Dear Sirs,

I refer to my conversation with your customer service and advice from Consumer Action Group. I would like to make a formal complaint against Currys.

I have purchased an Ariston Waher Dryer model number A1400WD from Currys. Kingston Upon Thames Branch for £349.95 in which I paid £171.90 by Morgan Stanley Master Card and the rest by Currys credit notes.

On 24 September 2007, the washer dryer developed a fault. The water was coming out from the detergent drawer whilst I was cooking in the kitchen. Due to water splashed into the power socket, I got an electric shock as a result.

I did not purchase an extended warranty as goods at a price of £349.95 should last a reasonable amount of time as according to the Sale of Goods Act 1979

I have explained the situation to Mr John of Currys, Kingston upon Thames Branch on 26 September 2007 and try to resolve this matter but was told that my applicance was 13 months old and not within the twelve months old and therefore nothing else can be done.

I wrote to Currys Customer Service and they wrote back refusing to accept responsibility due to the expired of guarantee period and they have completely ignore Section 14 of the Sale of Goods Act 1979. (please refer email below)

I should be grateful if you would explain to Currys, as a retailer, Sale of Goods Act 1979 are implied to all goods they are selling and goods must of satisfactory quality under s14 of the act and we, as a customer are entitled to a replacement/refund if we bought faulty goods from them.

Yours faithfully

[n6600]

Thank you for your email trail below.
You ask us to explain to Currys about the Sale of Goods Act 1979.
I have read the emails and feel that Currys email to you dated 1 October is an appropriate response to you.
The Sale of Goods Act (as amended) s.14, as you say, has an implied term that goods, sold by a trader, should be of a satisfactory quality, at the time of purchase. This has to be taken in context with other sections of the amended act.
It is just over 13 months since the purchase of the Washer Dryer took place and your machine has now become faulty.
At this stage the act says that the onus is upon the consumer to prove that the goods were not of a satisfactory standard, at the time of purchase.
Currys Support email states the procedure for you to follow and they say when they receive your claim it will be given full consideration.
To give you some idea of your rights, if you had a valid claim, after 13 months of reasonable wear and tear, you might be entitled to a repair or the cost of repair or if the machine cannot be repaired compensation for what the machine was worth, at the time the fault occurred.
A replacement of a new machine or a refund would be betterment at this point in time.
If you had a valid claim you could also pursue a claim for reasonable, foreseeable and quantifiable out of pocket expenses.
For some idea on depreciation of electrical goods you might consider looking at the Radio, Electrical and Television Retailers Association website www.retra.co.uk under their code of practice.
My details are below if you want to discuss the matter further and I am not available on Tuesday and Thursday afternoons.
If I have not heard from you by the 2 November I will file your details but that does not stop you coming back to this department, on this matter, any time in the future.

I hope this clarifies matters for you and is of assistance to you.

Yours sincerely.

Erica Farmer
Senior Consumer Affairs Officer
Trading Standards Department
Guildhall
Kingston
KT1 1EU
erica.farmer@rbk.kingston .gov.uk
Tel: 020 8547 5510
Fax: 020 8547 5515
www.kingston.gov.uk/trading

[Lefty]

...and I forgot to add...

Requesting a full refund is unlikely to yield a result. You should be requesting a REPAIR to your product. If this is not viable, then you should seek a REPLACEMENT of a similar specification and value.

If neither option is viable, then you should seek a PARTIAL REFUND.


Hope this helps.


Lefty

[n6600]

Originally Posted by n6600

Currys Support email states the procedure for you to follow and they say when they receive your claim it will be given full consideration.

What should i do next? Do i really need to consider to ask a engineer to come in?

[Lefty]

You should be able to find a reputable repair company who can provide a "free" estimate. This could, in effect, be suitable as an engineer's report.

Lefty

[n6600]

Lefty, can you find me a company who will provide "free" estimate?

I have called a few companies from the yell.com and they are quoted me for around £53 - £89

[Lefty]

Originally Posted by n6600

Lefty, can you find me a company who will provide "free" estimate?

I have called a few companies from the yell.com and they are quoted me for around £53 - £89

That's not easy for me to do - and not really appropriate to endorse third party companies on this site - plus I don't know your geographical location...

...but a quick google of "free estimates, washer repairs" produced several companies offering both free call out and free estimates!


Cheers
Lefty

[Chesterexpress]

There are not many tradesmen who will provide a free written estimate and one of the reasons why is for exactly what you are asking the OP to get one for. Why should a tradesman waste their time and money providing free estimates so that you can pursue Curry's? Be upfront about your situation and pay for a proper report, if you win, then you can claim that cost back. Just my two pennorth worth...

[ForestChav]

Originally Posted by n6600

Thank you for your email trail below.
You ask us to explain to Currys about the Sale of Goods Act 1979.
I have read the emails and feel that Currys email to you dated 1 October is an appropriate response to you.
The Sale of Goods Act (as amended) s.14, as you say, has an implied term that goods, sold by a trader, should be of a satisfactory quality, at the time of purchase. This has to be taken in context with other sections of the amended act.
It is just over 13 months since the purchase of the Washer Dryer took place and your machine has now become faulty.
At this stage the act says that the onus is upon the consumer to prove that the goods were not of a satisfactory standard, at the time of purchase.
Currys Support email states the procedure for you to follow and they say when they receive your claim it will be given full consideration.
To give you some idea of your rights, if you had a valid claim, after 13 months of reasonable wear and tear, you might be entitled to a repair or the cost of repair or if the machine cannot be repaired compensation for what the machine was worth, at the time the fault occurred.
A replacement of a new machine or a refund would be betterment at this point in time.
If you had a valid claim you could also pursue a claim for reasonable, foreseeable and quantifiable out of pocket expenses.
For some idea on depreciation of electrical goods you might consider looking at the Radio, Electrical and Television Retailers Association website www.retra.co.uk under their code of practice.
My details are below if you want to discuss the matter further and I am not available on Tuesday and Thursday afternoons.
If I have not heard from you by the 2 November I will file your details but that does not stop you coming back to this department, on this matter, any time in the future.

I hope this clarifies matters for you and is of assistance to you.

Yours sincerely.

Erica Farmer
Senior Consumer Affairs Officer
Trading Standards Department
Guildhall
Kingston
KT1 1EU
erica.farmer@rbk.kingston .gov.uk
Tel: 020 8547 5510
Fax: 020 8547 5515
www.kingston.gov.uk/trading

This response, AIUI, is correct.

You're not entitled to a replacement or a refund if it is reasonable to assume the fault is repairable.

And outside the 6 months the consumer needs to prove the fault was inherent to the retailer.

Currys' email is also factually correct in that regard.

SOGA only gives you protection if you can prove the fault was there when you got the item and has occurred within a reasonable lifespan of the product.

[n6600]

Thank you for your reply email dated 1st October 2007, which has been brought
to my attention this afternoon.

As a retailer, we are aware of the Sales of Goods Act 1979 (as amended), and
do offer a duty of care to you and your product for up to five years, from date of
purchase. We can only contribute towards a repair or exchange, if the washer/dryer
has a manufacturing defect.

To enable us to do this, the customer must provide us with an independent engineer’s
report, stating the fault, parts needed, and estimated cost of repair. Free of charge
assessments of faulty items are only provided within the manufacturers warranty.

Due to the age of your washing machine, if it is proven that it is faulty due to a manufacturers
defect, we will cover the cost of the engineers report. It is also likely, that Currys will cover
the cost of repair. This can not be said indefinitely, until the report has been provided.

I trust the above clarifies our position in this matter.

Yours sincerely,

Laura Whitehouse
Currys Support

[ForestChav]

Originally Posted by n6600

Thank you for your reply email dated 1st October 2007, which has been brought
to my attention this afternoon.

As a retailer, we are aware of the Sales of Goods Act 1979 (as amended), and
do offer a duty of care to you and your product for up to five years, from date of
purchase. We can only contribute towards a repair or exchange, if the washer/dryer
has a manufacturing defect.

To enable us to do this, the customer must provide us with an independent engineer’s
report, stating the fault, parts needed, and estimated cost of repair. Free of charge
assessments of faulty items are only provided within the manufacturers warranty.

Due to the age of your washing machine, if it is proven that it is faulty due to a manufacturers
defect, we will cover the cost of the engineers report. It is also likely, that Currys will cover
the cost of repair. This can not be said indefinitely, until the report has been provided.

I trust the above clarifies our position in this matter.

Yours sincerely,

Laura Whitehouse
Currys Support

They are right. Get an engineer's report to prove it was faulty at purchase and they will refund that and sort it. By law, they have to.