Washer Catches Fire Damages Kitchen Claim Advice Now Needed

[sweets-on-the-move]

BOUGHT WASHING MACHINE FROM FINANCE CO IT IS 23 MTHS OLD .NOTHING BUT PROBLEMS WITH IT .MOTHER BOARD REPLACED TWICE VARIOUS OTHER PARTS REPLACED IN THE SHORT PERIOD. TODAY IT CAUGHT FIRE WHILST WORKING IN THE KITCHEN .DESTROYING THE WASHER DRYER ALSO THE UNIT TOPS AND SIDES OF KITCHEN UNITS SEVERE SMOKE DAMAGE .WATER UNDER ALL UNITS DUE TO FIRE BRIGADE LIKE FLOODED ECT .the finance co say its the manufacturers fault under warranty ect .so do i claim on who is responsible.my insurers do i claim from .advice needed asp

[Elenathion]

Your contract is with the company you obtained it from so that is who you need to get to deal with this.

[sweets-on-the-move]

buy as you view agreement with money paid to them warranty with indeset

[Elenathion]

Could you clarify the situation - With you saying you got it from a finance co, is the item hire purchase or did you get credit from a store for one of their items?

[sweets-on-the-move]

its on a higher purchase agreement with doneraven finance

[Elenathion]

Okay, This falls under the Supply of Goods Act 1973 (as amended). Check this link for a letter template to send to the finance company. It is the finance company who needs to sort this out for you, not the manufacturer.

Note than in this link there is a basic mention of your rights, including your right to claim damages. In my opinion you should therefore mention in the letter the damage that has been caused by the Washing Machine and state that you want the Washing Machine to be replaced and that you want compensation for damage caused by the faulty machine.

 

Consumer Direct - Supply of Goods (Implied Terms) Act 1973 ? Hire Purchase Agreement complaint letter to the finance company.

[sweets-on-the-move]

well thank you problem here there not rushing to come out buy as you view are coming out late fri to do a report. indeset not really bothered someone will ring me

[Kraken1]

also see here:

 

Product Liability, Defective Products, Unsafe Products Fact Sheet - BIS

 

The CPA can enable a claim for damage against the manufacturer, but you won't be able to claim the cost of the item that caused the damage. Strange, i know. this means you could claim the cost of the damage to the kitchen, but not the washer.

 

a contract claim is better as you can recover all your losses providing the supplier/finance co don't vanish.

 

(but it is the sale of goods act 1979, not '73...)

[Elenathion]

No it is supply of goods act (1973) not the sale of Goods act (1979) as Hire Purchase agreements are covered by the supply of goods act.

[sweets-on-the-move]

the finance co are sending area manager out today to compile a report. indeset are sending a engineer out today as they said to repair the washer.but not much cofidence in getting sorted here .

[Kraken1]

sorry. completely right. Somehow I missed the HP bit. This is what happens when I sobre up. Where's the gin?

[sweets-on-the-move]

updated you guys and ladies .thanks for your help .indeset the manufactuer sent out there engineer.he said it was beyond repair ,we knew that .indeset phoned and wanted the washer back to investigate where the suspect fire started.should i let them have it back or not . as for buy as you view the financer they decided not to turn up at all appt made for today they stayed away. what is next .fire brigade investigation fire started in the mother board .maybe a fault in the washer.

[sweets-on-the-move]

right a futher update . buy as you view have turned up very late but better late than never. they said they can replace the washer as im covered on a warranty i took out with them .but not sure as with regards the damage caused by the fire. so the damage done to kitchen units and work surface ect.also severe smoke damage. also damage to clothes in washer and also tumble dryer .a builder who has inspected the damage also stated the units on the other side of the kitchen have had water under them as a result of 2 hoses into kitchen. he mentioned the units being made of woodchip would have absorbed the water and will crack and rot swell.as this fire was the fault of the washing machine that set the mother board on fire results of fire investigation .so what can i do who can i claim of and what can i claim ....or should i go through my own insurers .....

[Elenathion]

Your contract is with the finance company. The damage was caused by the product that they supplied you. You won't be claiming under a warranty that they have sold you, you will be claiming under your statutory rights - the supply of goods act. Don't let them fob you off - any warranty is in addition to your statutory rights.

 

In addition, if they replace the washing machine, do not sign any sort of agreement for the new one.

[sweets-on-the-move]

ok thank you i will state that i think there looking for a way out of this one .

[postggj]

why not let the buildings and contents insurance sort out the damage

they can argue with the shop/finance co

thats why you pay them

[sweets-on-the-move]

perhaps you may be right this is the only way out here

[sweets-on-the-move]

buy as you view think that i should be pursuing indeset as they carried out all the maintenence on the machine .they said to me that is were your liability lays not with buy as u view. what a mess im getting confused here on what is what

[Kraken1]

that is crap. a big steaming heap.

 

You may need to get firm with them, or even sue them.

[sweets-on-the-move]

i can only state kraken what they told me i need a letter to get this moving as well if any one can help .also do i allow indeset to have the washer for futher investigations.

[Kraken1]

i think that it is time to see a professional, or at least talk to your insurance company and explain the situation.

 

Personally, I wouldn't let them take the dryer, or your evidence evaporates.

 

(ha ha)

[sweets-on-the-move]

THAT IS WHAT I THOUGHT KRAKEN, INDET RANG ME YESTERDAY AND SAID WE WONT CONSIDER ANY CLAIM UNTILWE HAVE THE WASHER BACK FOR FUTHER INVESTIGATION.I SEE FROM OTHER POSTS INDESET HAD LOTS OF PROBLEMS WITH WASHING MACHINES . ALSO I HAVE E MAILED BUY AS YOU VIEW T/A DUNRAVEN FINANCE TOLD THEM THEY HAVE 14 DAYS TO PUT THIS MATTER RIGHT .ALSO I E MAILED CONSUMER DIRECT FOR THERE HELP AS WELL BUT NOT HEARD FROM THEM AT ALL .SO AS U CAN SEE IM RUNNING OUT OF OPTIONS OF WHAT TO DO TO RESOLVE THIS MATTER.

[jackieandwayne]

Do you have a written report from the Frie brigade? That should take away the need for the company to have the burnt out machine I would have thought. After all, its unlikely that the Brigades report is inaccurate! Try that one.

[sweets-on-the-move]

consumer direct have rung me today chase the finance co and dont send the washer to indeset as ur pursuing the finance co do we know if buy as you view and duraven finance are the same company ??????????????. also i have contacted the fire service for there report.all your help is appriciated. need to know what i can and should claim for as well .never had this happen hopes it wont nhappen again

[simonjohn]

consumer direct have rung me today chase the finance co and dont send the washer to indeset as ur pursuing the finance co do we know if buy as you view and duraven finance are the same company ??????????????. also i have contacted the fire service for there report.all your help is appriciated. need to know what i can and should claim for as well .never had this happen hopes it wont nhappen again

 

can you quote the model and serial no# and year of manufacture. I can then check if there are any outstanding issues with this particular unit ie recalls, defects etc as I can accsess most manufacturers technical bullitens that are not available to the public. Just incase the manufacturer might want to pull a fast one.

 

you can pm me the details if you feel more confident in doing so.