Thread: Washing Machine saga, should I accept this?

Hi, I would appreciate opinions/advice on the following...

Our Indesit washing machine was purchased for approx £230.00 from Currys in March 07, on 15th December 08 it stopped working after the drum split in two.

Shortly afterwards I contacted Currys customer service by email stating that I did not consider 20 months usage for a brand new washing machine to be reasonable. They replied stating that I was required to obtain an engineers report confirming a manufacturers fault, going on to state "if your claim is successful the cost of obtaining this report will be refunded" and providing a PO Box address for customer services.

I contacted an engineer who inspected the machine and confirmed that the drum had split along the seam, he considered this a manufacturers fault and declared the machine to be beyond economic repair. He charged me £46.00 for the report.

I posted the report to Currys along with a letter. In the letter I stated that I do not consider 20 months to be a reasonable time for a new washing machine to last, as such I consider my statutory rights relating to the Sale of Goods act to have been breached.

I said in the letter that by way of recompense I expected

• Replacement or refund of the washing machine
• Reimbursement of the £46.00 for the engineers report
• Reimbursement of costs incurred/inconvenience caused in using coin operated launderettes & driving to family mambers who live 40 miles away in order to have our washing done @ £25.00 per week, for a period of 6 weeks (which is how long this has been dragging on)

I went on to say that this of course did not take account of the stress and inconvenience of having a young family and no washing machine over the xmas period, for which I would expect additional compensation.


I received a response today stating the following; "Following your contact with us regarding your Indesit washing machine please find enclosed a gift card for £126.48 as a contribution towards a replacement product, the cost of your report has been included in this amount"

I am incensed that the offer is so low, the thing that has made me really angry is the fact that they have included my refund for the report on the gift card, I paid the engineer cash, how dare DSG stipulate that I now have to spend this money with them. There is also no reference to my request for costs incurred or any explanation with regards to how they decided a payment of £80.48 was appropriate in addition to the cost of the engineer report.


Surely the fact that they have refunded the cost of the report means they have accepted liabilty They must have some responsibility to cover costs incurred as a result of what they have effectively admitted was a product that was not fit for purpose in terms of durability.

Also, having received two seperate emails stating that the cost of obtaining a report would be "refunded" and "reimbursed" I cannot believe they can pay the refund by way of a gift card which I have to spend with them!?!

I am thinking my next move is to return the gift card along with a letter stating that I do not find their offer to be acceptable in terms of the amount offered or the fact that they have chosen to offer it as a gift card. Pointing out that the fact that they have refunded the costs of the engineers report to be an apparent admission of the fact that the machine was not fit for purpose. I would then refer them to my previous letter and the requests for recompense contained in it and inform them that unless I receive a satisfactory offer within 14 days I will start proceedings through the small claims court.....

Or should I just cut my losses and run?

Thoughts anyone?

Absolutley DO NOT accept this - return the gift card (recorded delivery) and in your letter state the sale of goods act here are some of the key points from the goverments DTI website

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

Therefore you need to find a like for like replacement and DEMAND this amount + your engineers report + laundry costs etc. Give them 14 days to give a full settlement of your amount otherwise state you will file a claim in court.
I would also contact consumer direct who will open a case on your behalf and if needed they will contact the supplier about this if they seem to be ignoring you.

£80 to replace a washing machine - get out - tell them not to waste your time again, and next time don't bother sending a gift card - a cheque is the only payment method you will accept.

Thank you for your replies. One further point before I start composing my letter rejecting the gift card; is it not the case that under the SOG they are only obliged to offer a partial refund because I have "enjoyed the benefit" of the washing machine for 20 months before it broke down?

I have spoken to Consumer direct who advised me to return the gift voucher by recorded delivery along with a letter informing them I wish to reject it. Consumer direct also confirmed that Currys can deduct money from any refund to account for the usage I have had from the washing machine.

I am going to compose a letter rejecting the gift card and state that the minimum I am prepared to accept is the following;

• Partial refund as follows; I feel it is reasonable to expect a washing machine to last 5 years, 5 years = 60 months. Cost of washing machine £230.00. 230/60 = 3.83. This equates to £3.83 per month so if they wish to deduct 3.83 for every months usage I had then that would be reasonable would it not? 3.83 X 20 = £76.66. I will accept a partial refund of £153.34
• Full refund of the £46.00 spent on acquiring the engineers report. I was assured on two seperate emails "Should your claim be successful, you will be reimbursed for the cost of this report" & "Should the report confirm the presence of a manufacturingdefect, any charges incurred for arranging the inspection will be refunded" at no point is it stated that this money will be refunded by way of a gift voucher which I find ludicrous. This money was spent out of my own pocket in order to prove that a machine they sold me was faulty, how the hell they can justify attempting to refund it by way of a gift card is beyond me.
• Consequential losses; I have a young family and need to wash clothes at least twice per week (this equates to 4 washes in total, 2 white, 2 colour), My local launderrete charges £5.00 per machine wash. Thus £20.00 per week was spent using a coin operated launderrette, add to this the fact that I had to drive a mile there and back and sit and wait for my washing for an hour after having been at work all day. I feel consequential losses of £25.00 per week to be a reasonable request, for a period of 6 weeks. £150.00

The minimum I am prepared to accept is £349.34

I am prepared to accept the £153.34 partial refund by way of a gift card, the remaining £196.00 I should be paid by cheque, I am not prepared to accept payment of £196.00 by way of gift card as these losses were incurred from my own pocket as a result of a manufactering fault on a machine that they sold me.

I will end the letter by saying that if I do not receive a satisfactory response within 14 days then I shall start proceedings through the small claims court.



Does this all sound reasonable on my part?


One further point, the only address Currys will provide for Customer services is the PO Box in Sheffield, which will of course not accept record delivery mail, which is all rather convenient.