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Our new washing machine wasn't new **WON AT LAST!**
Hi, a couple of weeks ago (18th Sept) we took delivery of a supposedly brand new Hotpoint Ultima WD860 washer/dryer, we purchased it from a local retailer. After plumbing it in I did an empty hot wash as per the instructions, when the machine started its final spin it stared gushing water out of the soap dispenser draw, we phoned the retailer who said he'd be out the next day, three hours had passed since we got the machine. Next day the shop owner turned up, we tried the machine again with the same results, the retailer said we should call Hotpoint because if he opened the machine up it would invalidate the guarantee, I was on the phone to Hotpoint when he left. Two days later the Hotpoint engineer turned up bright and early, he went straight to the internal filter and pulled a "colour keeper" and £1.20 in rusted money from our Brand New machine, we called the retailer immediately and I spoke to his wife, she was very apologetic and asked what we wanted, I said we'd take a replacement, a refund, or a substantial refund for a secondhand machine, she told me that when her husband got back in an hour she'd get him to call us. Four hours later we called them back, my wife spoke to his wife, and that't when the attitude changed, we were accused of causing the blockage ourselves, and they also said that since Hotpoint had opened the machine, it was now there responsibility.
Since then we haven't used the machine, my wife has been taking washing over to her parents, we have tried communicating with the retailer but they refuse to honour there obligations, we have spoken to trading standards but they don't seem interested.
Simple mate - letter before action and then small claims court - goods sold not as described. Do you have a report from the hotpoint engineer as that will hold you in good stead? Would have another go at trading standards tell them someone has been abusing sale of goods act and selling second hand goods as new - if person who you speak to won't help ask to speak to supervisor/manager - if they still won't help make a complaint against them as well as thats their job.
Engineers report only says that he cleaned the filter, have already sent the retailer a letter giving him 10 days to refund the money, got a hand written letter back saying we caused the blockage ourselves and that all problems with the machine are now in the hands of Hotpoint.
The problem is nothing to do with hotpoint - it is the retailer's responsibility.
You gave him 10 days to refund the money, what did you say you'd do if no refund was received?
I would suggest sending a letter before action giving 14 days before you issue legal proceedings (unless you have already done this).
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Legal points to bear in mind when writing your letter:
1. as the retailer, they are just as responsible as the manufacturer for goods and services that they sell. Sale of Goods Act.
2. the goods supplied were not as described (they were second-hand, not new). This is a direct breech of the Sale of Goods Act (check it out for the exact section). As such, you are entitled to reject the goods and recieve a full refund within a reasonable period of time. By notifying them of the issues and asking for a refund as quickly as you did, you are definately within a reasonable period of time, and so they have no excuse for breaking this one.
3. How were the goods bought? Over the phone or internet? If so you may also be able to reject the goods under the Distance Selling Regulations (although you're supposed to return them in the condition recieved, i.e. before use, I think)
The problem is nothing to do with hotpoint - it is the retailer's responsibility.
You gave him 10 days to refund the money, what did you say you'd do if no refund was received?
I would suggest sending a letter before action giving 14 days before you issue legal proceedings (unless you have already done this).
Do we still take action through the small claims court? We've tried to explain to the shop owner that it's his responsibility, but he insists that we caused the blockage, (even though we only had the machine just over 3 hours).
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
You have to specifically reject the goods before demanding a refund. If the matter did progress to the small claims then the court has some discretion on remedy. From what has been described you may find you get a partial refund to reflect the difference in value between a new machine and a second hand machine...
We have told him both verbally and in writing that we reject the machine, he seemed quite suprised when I informed him that we hadn't used the machine. To be honest, now all we want is a refund, after all the trouble we've had we want no further dealings with this retailer. The lba goes out on 5th Oct, and I will state once again in that we reject the machine.
lba goes out on 4th Oct, it's just a pain having to use the in laws washing machine, because if we used ours he could claim we've accepted it.
Don't forget to keep a note of all the occasions you have used the in-laws' machine, note how long it took you, and charge the shop £3 or so an hour for the time you had to spoendf outside your house doing washing.
lba went in the post today (recorded delivery of course), we've given him fourteen days to refund our money in full and remove the washing machine or we'll take him to the small claims court and hit him for costs and expenses too.
Damn right. Keep us posted. And despite others misguided reasoning, do not accept less than 100% refund. Tim's advice is sound too about keeping exact tally of the number of times you used the inlaws' washing -machine.
Apologies to people who I was in the process of helping, I may be gone some time.
Update so far Gary went to court in March, but the seller did not turn up, because of Shingles sent a fax the day before we were due in court, to say they could not attend.
Gary spoke to the Judge and put our case, he asked if the retailer had seen what was taken out of the machine, we stated that they had not even asked to see it.
He said he would get a date in April, said that we could not do that due our first family holiday in 2 years. So said he would try and make it for the next ava, court date came through 13th June.
Don't know if we will have to put our case again, but if the retailer does turn up, we will ask for them to be found against, as it will be coming upto a year since we started this. And the refund will come in handy.
Will let you know more after the hearing, keep your fingers crossed for us.
Update so far Gary went to court in March, but the seller did not turn up, because of Shingles sent a fax the day before we were due in court, to say they could not attend.
Gary spoke to the Judge and put our case, he asked if the retailer had seen what was taken out of the machine, we stated that they had not even asked to see it.
He said he would get a date in April, said that we could not do that due our first family holiday in 2 years. So said he would try and make it for the next ava, court date came through 13th June.
Don't know if we will have to put our case again, but if the retailer does turn up, we will ask for them to be found against, as it will be coming upto a year since we started this. And the refund will come in handy.
Will let you know more after the hearing, keep your fingers crossed for us.
Don't forget to ask for interest on the money you paid and £9.25 per hour for your time spent as a Litigant in Person.
PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS
Update so far Gary went to court in March, but the seller did not turn up, because of Shingles sent a fax the day before we were due in court, to say they could not attend.
Gary spoke to the Judge and put our case, he asked if the retailer had seen what was taken out of the machine, we stated that they had not even asked to see it.
He said he would get a date in April, said that we could not do that due our first family holiday in 2 years. So said he would try and make it for the next ava, court date came through 13th June.
Don't know if we will have to put our case again, but if the retailer does turn up, we will ask for them to be found against, as it will be coming upto a year since we started this. And the refund will come in handy.
Will let you know more after the hearing, keep your fingers crossed for us.
Julie here,
Got a call from the Court this morning, saying that the people who sold us this machine are going on holiday and so can not attend the hearing tomorrow. I was less than impressed we are going to write a letter of complaint to the court, first time they couldn't turn up because she had shingles, but he was OK and today they have arranged to go away, they have known about this court date for a month and have only just decided to go away, and I'm mad at the judge for letting them drag it out.
So tomorrow, we are going to take a drive past their shop to see if they are in, we are taking camera, mine it has date and time stamp on it and if they are their Gaz is going to put the pictures in an envelope and take them to the court to show that they are just delaying the proceedings and yanking the courts chain. But it has taken the judge to up until today to decide to let them go. Gaz has taken his last annaual leave day with work, he took one last time for the first hearing, so we are going to add, his wages for the waste of time they have caused, which plus commission that he earns while at work, comes out to an extra £400, I asked the guy calling today could we add more costs and explained the reason and he said yes. So we will.
Our new washing machine wasn't new **WON AT LAST!**
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Originally Posted by barracad
