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Broken dishwasher 22 month old....... ***RESULT***


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Our dishwasher has broke. It was bought as part of a kitchen with appliances from currys at the end of November 2004, the total cost being around £1900. Now, what would be the definition of goods lasting a "reasonable" time under the Sales of Goods Act (1979)? Would I be fair in asking them to repair it? I know the dishwasher is only a Beko £200 job, but given it was bought at the same time os the kitchen, I feel its just not good value to last less than two years :(

 

I'd be really grateful for advice on how to proceed with this; ideas on who to contact etc. would be gratefully received! :)

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I think it's reasonable to say a dishwasher should last longer than 2 years. Contact the retailer and get them to repair it. If they come out with any nonsense about manufacturer's warranty point out that this is in addition to your statutory rights and under the Sale of Goods Act they are liable.

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.

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I think it's reasonable to say a dishwasher should last longer than 2 years. Contact the retailer and get them to repair it. If they come out with any nonsense about manufacturer's warranty point out that this is in addition to your statutory rights and under the Sale of Goods Act they are liable.

 

Thanks. I will ring them tomorrow afternoon when I get in from work. I hope it will be straight forward, but I bet it won't be :(

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Well, what a surprise. I have been bounced all over the place continually repeating the same information for the operater to say the same, it's out of warrenty, we will repair it, but we will charge you for it. Every time I mention the Sales of Goods Act they just say "but its out of warrenty" and just don't get what I am talking about; they then offer me a different number/department (i.e. get shot of this hot potato asap!). I had all the things you would expect; "it's a amnufactuars problem, contact them"; "you need an independant engineers report" (wonder how many people get scared off by this one).

 

What do you think would be the best course of action? I don't want to let them get away with shirking their responsibilities so easily (much to the wifes bemusement, she just wants a working dishwasher!). Do you think I should wqrite to the store and get the process started? Do I need an "independant" report, or would a few quotes for cost of repairs do instead?

 

Thanks for any help!

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If you're having no joy on the phone then you need to put it in writing. Offer them 14 days to fix it and quote the Sale of Goods Act.

 

You should give them the opportunity to repair it before you start thinking about getting someone else to repair it.

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.

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If you're having no joy on the phone then you need to put it in writing. Offer them 14 days to fix it and quote the Sale of Goods Act.

 

You should give them the opportunity to repair it before you start thinking about getting someone else to repair it.

Thanks for the reply. So you would think we should offer them the oppotunity to repair, when they don't (which they won't I'm sure), get the repairs done, keeping the receipt and claiming the money back from Currys. The only problem that I can see is that engineers I have already spoke to on the phone don't even want to come out as they say it's econimically not worth repairing :( If this is so, could I go buy the new dishwasher (obviuosly of same "type" and cost of the original) and claim this cost back from them?

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How does this sound for a preliminary approach? Too strong?

 

Dear Sir/Madam,

 

I am writing with reference to goods bought from your store on the 13th November 2004. The goods were a kitchen package, including appliances (your reference: 1xxx) which totalled £1673.94. It now appears that the dishwasher purchased has developed a fault and broken down completely. I have attempted to navigate your phone system to arrange a repair for this appliance, but your operators appear to be unable to assist me as the appliance is no longer under your warranty. Hence, I am contacting you direct to give yourselves ample opportunity to resolve this problem.

 

It appears the problem is that your representatives do not appear to understand that your responsibilities under the Sales of Goods Act 1979 (amended) are not superseded by your own warranty, but that the warranty is in addition to our standard rights as a consumer. As I am sure you are aware, as the retailer who supplied these white goods to us, you have certain responsibilities. These responsibilities include supplying goods that are “fit for purpose” and of a quality that will last for a “reasonable” time. The time which this dishwasher has lasted is less than two years is not reasonable since it has merely been subjected to normal household use.

 

We are giving you reasonable time of 14 days to repair/replace these goods to a “fit for purpose” state that the Sales of Goods Act 1979 affords us as customers of yourselves. If the goods are not repaired within this time, we shall have the goods repaired (or if uneconomically viable, purchase an equivalent replacement) ourselves and pursue yourselves for all costs incurred, ultimately utilising the small claims courts if necessary.

 

We look forward hearing from you to quickly resolving this matter.

 

 

Yours Faithfully,

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Hi there.

If you look my name up on another thread I had a similar problem with a tumble dryer. Depends where you bought it from but I bought it from Currys, £83 for a repair, letter sent and cheque in full within 3 weeks no problem!

If you would like a copy of the letter that I sent please PM will and I will forward it on to you to amend as neccessary.

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Actually - I have just read your letter and I feel it is better than the one I wrote so go get them!

To add insult to injury to them I printed out a copy of the Sale of goods act from the DTI website and highlighted the relevant parts and enclosed that with the letter.

Best of luck!

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Too strong? Nope. Not one bit. Just right, in fact. :-D

 

Just one little thing (just to be picky, lol):

 

but that the warranty is in addition to our standard* rights as a consumer

 

*replace by "statutory". It is the correct term, and it sounds more like you know what you're on about. ;-)

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Too strong? Nope. Not one bit. Just right, in fact. :-D

 

Just one little thing (just to be picky, lol):

 

 

 

*replace by "statutory". It is the correct term, and it sounds more like you know what you're on about. ;-)

 

Thank you! Not picky at all, just very helpful as usual :D Letter amended and sent :)

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what do you class as a reasonable amount of time?

 

Ive got a washing machine which cost £350 which has broken down over 20 times over the last 4 years, all covered under extened warrenty. its finally given up the ghost, but according to the warrenty providers they cancelled my agreement (they did?) I have written to them but am being ignored. So in light of the previous OP advice do you think 4 years is too long for me to go back to the orginal sellor depsite its horific track record?

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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I would generally say a reasonable time for most eletronic items is 3 years. However the best way to judge is to phone the manufacture without saying u want a replacement and ask them how long a washing machine should last. Then use that as guidance, ie if its 5 years, mention repair / replacment and the SOGA

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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I would have usually thought 3 years as well, but taking this machine appaulling history into account, do you think its not unreasonable to request something be done?

 

Ive grinned and beared up until now due to the warrenty but now Ive been left high and dry

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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I would have usually thought 3 years as well, but taking this machine appaulling history into account, do you think its not unreasonable to request something be done?

 

Ive grinned and beared up until now due to the warrenty but now Ive been left high and dry

 

 

I did read somewhere that the courts have generally decided that 3 years is a reasonable amount of time for "white goods" such as washing machines, fridges etc. But I think in your case you could argue that the goods were never "fit for purpose" in the first place. It's got to be worth a try, though I think it will be a case of you will have to take the costs on your self to get it repaired/replaced then retrospectively see if you can reclaim them.

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Yeh thats what I thought, I am banking on the fact its been C**p since I bought it.

 

As then engineer called it "friday afternoon machine", Ithink the first callout was whenit was 12 week old!!!!

 

Dont want to buy a new as having fitted kitch redone in feb and want an intergrated one!!

 

We'll see what they say to my letter. If you want touse myown thread on this so we can stop hogging this one - sorry OP!!!!

 

But thanks for your advice

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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  • 3 weeks later...

Just a quick update. Currys rang on the 14th day and said they would like an "engineers report". No probs, getting an estimate for cost of fixing done thursday afternoon. Unfortunetly it will cost me £35, but I will claim that back off them. I'll get the quote then post it to them with a seven day deadline; if nothing, then fix/replace myself then bill them for the cost including quote for repair. You can't say I havent gave them reasonable time to sort this!

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I was just about to ask how the posters got on with this.

I shall be plagirising(sp)your letter.

Cannot seem to find the relevant piece on the DTI website though.

 

Dear Sir/Madam,

 

I am writing with reference to goods bought from your on-line store on the 9th August 2005. The goods were a fridge/freezer and a freezer,(your reference: 4xxx) which totalled £379.90. It now appears that the freezer purchased has developed a fault and broken down completely. I have attempted to navigate your phone system to arrange a repair for this appliance, but your operators appear to be unable to assist me as the appliance is no longer under your warranty. Hence, I am contacting you direct to give yourselves ample opportunity to resolve this problem.

 

It appears the problem is that your representatives do not appear to understand that your responsibilities under the Sales of Goods Act 1979 (amended) are not superseded by your own warranty, but that the warranty is in addition to our statutory rights as a consumer. As I am sure you are aware, as the retailer who supplied these white goods to us, you have certain responsibilities. These responsibilities include supplying goods that are “fit for purpose” and of a quality that will last for a “reasonable” time. The time which this freezer has lasted is a lot less than two years(54 weeks to be precise) is not reasonable since it has merely been subjected to normal household use.

 

We are giving you reasonable time of 14 days to repair/replace these goods to a “fit for purpose” state that the Sales of Goods Act 1979 affords us as customers of yourselves. If the goods are not repaired within this time, we shall have the goods repaired (or if uneconomically viable, purchase an equivalent replacement) ourselves and pursue yourselves for all costs incurred, ultimately utilising the small claims courts if necessary.

 

We look forward hearing from you to quickly resolving this matter.

 

 

Yours Faithfully,

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I was just about to ask how the posters got on with this.

I shall be plagirising(sp)your letter.

Cannot seem to find the relevant piece on the DTI website though.

 

 

It worked for me as in I now have their attention (been on the phone a few times asking how things with quote are progressing!). Lets see how efficient they are when the quote arrives ;)

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  • 3 weeks later...

Finally got the quote sorted, cost me £35 but I will be pursuing them for that ;) Here's the letter I'm going to send with it, does it look OK? Any suggestions are most welcomed :D

 

Dear Sir/Madam,

 

 

I am writing with reference to a phone conversation with yourselves on the 16th October 2006 following my letter dated 5th October 2006. The letter was in relation to a broken dishwasher and your responsibilities to repair the machine with reference to the Sales of Goods Act 1979 (amended). In this phone call you requested an engineers report. I have arranged; at my own cost which I will require to be reimbursed by yourselves; an estimate of the cost of repairs. The cost will be £142.22. A copy of the estimate is enclosed with this letter.

 

I now require from yourselves these repairs to be completed to the dishwasher. Given the size of your company and the many dedicated departments to deal with matters such as this, I feel seven days from the receipt of this letter more than a reasonable time for you to contact me and arrange these repairs.

 

If I do not hear from you within seven days I will arrange for the repairs to be done myself. I shall then pursue you for the cost incurred to us when these repairs are completed, utilising the small claims court if required, citing your responsibilities with reference to the Sales of Goods Act 1979 (amended). These responsibilities include supplying goods that are “fit for purpose” and of a quality that will last for a “reasonable” time

 

 

 

Yours faithfully,

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  • 2 weeks later...

A quick update. After the seven days I spoke to the workmen who quoted the price and asked for the repairs to be done. the helpful chap said he would order the part and ring me when it was in. This was Monday 20th Nov. Having heard nothing I rang them back on Friday evening. The helpful chap knew exactly what job I was talking about before I even gave any details! It appears currys had just been on the phone asking what was going on (guess they got the letter after all). He said they were asking if it was undue wear and tear etc, basically looking to see if it was abuse of the appliance. Given that it’s a dishwasher that is used by me and my wife (the 8 month old baby aint quite got the hang of it yet) only I will hazard a guess that the usage is not excessive. The engineer is booked in for Wednesday morning. Once paid, currys get a STRICT 7 days to refund ALL costs or the moneyclaim goes in.

 

It really saddens me the way people accept big organisations lethargy in dealing with problems. They are so quick to take our money, but a problem arises, the service drops off. They obviously have heard of the problem, but they have never contacted me. They have whole departments dealing with this, but still they have not tried to talk to me. I guess the stats show that many punters just give up after so long, so they keep playing the stats game- hoping I just forget about it.

 

How did we get ourselves, as consumers, into this position??!! Its time we fight to get our position back. If they sell us something, THEY have responsibilities!

 

 

Sorry for the rant :)

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