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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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Kitchen wall unit collapsed - rented property


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Hi

 

On Friday evening a double kitchen wall unit full of cups and glasses etc came away from the wall when I was under it, bashed me on the head and eventually landed on the floor smashing everything inside and damaging my kettle and toaster on the way down.

 

Thankfully I wasn't seriously hurt, although I'm suffering with a stonking headache still, and thankfully my son wasn't under it as it could have been a lot worse.

 

I'm in a rental property and reported it to my agent first thing the next day. There was no one in the lettings team in that day so someone in the sales team arranged for a contractor to come round to help clear up the mess and see if it could be put back up, but the unit is broken and the stud wall it was fixed to is crumbling.

 

I contacted my contents insurer to see if I need to claim under my insurance to cover the cost of everything that was broken but they said I need to tell my landlord that they are liable as the unit was a permanent fixture and therefore their fault if it fell.

 

I'm going to give the agents a call on Monday to try to get this sorted out but wanted to check where I stand first.

 

I've totted up the cost of everything that was broken and it's close to £500.

 

Should I be pursuing the landlord for compensation to replace everything or should I just bite the bullet and claim under my accidental damage cover but lose my no claims bonus and risk my premiums going up?

 

Thanks,

Nas

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Sounds like there is damp or water getting into the plasterboard. Needs to be replaced, replastered and then wall unit replaced with correct fittings. Don't ever put too much in these wall cupboards, if they are not fixed onto a solid wall.

 

If you had £500 worth of items in this cupboard, the landlord might say that you had overloaded it and that you are partly responsible.

 

Don't forget if you claim under your own Contents Insurance Accidental Damage, you will have the excess, plus likely increased premiums over several years to face.

 

You should approach the landlord first of all, but I suspect difficult to prove they were legally liable. They might pay you, but this is more of a moral decision. BUT you should insist that the walls are checked by a contractor for damp or water damaged, plus wall fixings checked. You don't want other cupboards falling down causing more damage.

 

Get you head checked by a doctor. If it took an impact, you should show some caution.

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