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Appliances Direct - Faulty Oven


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We bought a new oven from appliancesdirect.co.uk three months ago and it is faulty. 

It does not get up to it's maximum temperature according to our thermometer (and the same meals take longer) and the top oven's grill element seems to turn off and on whenever it pleases. 

 

I am not aware that either of these are marketed as features so assume they're faults. 

The other half emailed them and they told her to trot on and that her guarantee was with the manufacturer.

 

It's my understanding that our first recourse is with the retailer because it's not of satisfactory quality/is faulty, but I'm not sure which regulation I should be stating when I contact them back. 

 

Is it Consumer Rights Act 2015?  If so, I will request a repair or replacement.

 

Please let me know if I'm missing something obvious.

 

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Simply write to them – email will do – and tell them that you are not interested in the warranty. You are interested in your statutory rights under the consumer rights act and that as the defect has developed within six months of purchase you are now asserting a right to insist on a single repair – failing which you want a refund.

If you want, you can make that as part of a letter of claim because it seems to me that you could be left without an oven and so maybe you should also inform them that if they won't respect this right then you will sue them within 14 days in the County Court and without any further notice.

Tell them also that it would be unreasonable for them to require you to return the oven to them and you will expect them to make arrangements to get an engineer's visit to you before the expiry of your County Court deadline.

Tell them that you appreciate that it is Christmas – but all the more reason that you need another and therefore all the more reason that you are determined to take the necessary action if they will not comply with their statutory obligations.

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Thank you for your reply. 

 

Can you tell me how you are arriving at the 14 days?  Is it because 14 days is considered a reasonable time to get someone come to fix or replace it?  If that's the case they could well send someone after Christmas and it be within good time. 

 

I note the act states it should be "without significant inconvenience" to the consumer - would a malfunctioning oven over Christmas qualify do you think?

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There is a pre-action protocol if you are contemplating County Court action and that requires that in the case of a small claim – which your claim would be – that you must give at least 14 days notice that you are going to bring a claim. This gives the other side time to respond and may be to react and may be work something out so that the claim is pre-empted.

Because I'm concerned about the fact that you may not have an oven at a particular critical period in the year, I suggested that you send a letter asserting your rights and also make it a letter of claim – which would be 14 days.

If you don't like that, then simply send a letter asserting your rights and asking them to sort it out and either give them a deadline or else simply ask them to do it in reasonable time. If then they failed to satisfy your request, you would then send a letter of claim which would have to give them 14 days.

Frankly, with all of these people if you simply send letters trying to assert a right and asking for a response "as soon as possible" then it leaves the door open to interpretation and you will lose control of the case and you will find that you will start to get the runaround.

You should always give deadlines. But if you give a deadline then you must have in mind what you going to do when that deadline expires without a response. There's no point in saying that "I'll huff and I'll puff…" and then after that you do nothing and you go away and think about your next step. This is the way to hand control to your adversary – and yes, they are your adversary and you had better get into that mindset.

On the other hand, "I'll huff and I'll puff… and I'll blow your house down" lays down a threat and a deadline and a very clear message about what will happen if they don't sort it out according to your timeline. You have to realise that it is You who must set the agenda because now you are taking control because when they had control, they didn't step up to the mark.

If you think that your oven is going to work well enough to see you over Christmas – then fine simply send them a letter and then after the Christmas period if you don't get what you want then send the letter of claim.

Of course, make sure that your oven really is defective and you haven't misunderstood the instructions

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  • 4 months later...

Hello.

 

We bought an oven on 21st August 2020 from an Appliances Direct.

 

We noticed two things about this oven - it didn't seem to get as hot as it's predecessor and the electric grill cuts off.  We first complained via email on 30th Nov 2020 and then again on 5th Nov.  They apologised on the 10th Dec and said to phone the manufacturer as they will attempt to repair and if not possible will offer a replacement.

 

After much phoning around we did manage to get someone sent by the manufacturer to see it, some time in the new year (but I can't recall at the moment when), and they replaced the thermostat saying if that's not it there's not much else they can do.  The issue with the grill was dismissed with the advice to turn it down so it doesn't cut out.  Is an electric grill in an oven expected to only run at max for five minutes before shutting down to protect itself?  I ask genuinely because I've not heard of that before but it doesn't mean it's not true.  I've never had an electric grill before so have no prior experience with them.

 

The oven does get hotter but still won't get up to 240 degrees.  When setting the grill to 80% it'll still cut out but it'll soon click back on again and the element is still fairly red.  If you set it to 100% it'll cut out after a few minutes and then the element will slowly fade back to black for a while before it comes back on.

 

She contacted them again on 15th April to say she's fed up and wants to either upsell to another oven or get a refund because it's still faulty.  They said they can't help unless they get something from the manufacturer to say it's faulty and can't be repaired.

 

I realise we've left this late and it's been allowed to drag on past the six months but things happen and other things seem to have taken priority.  How best to proceed please?

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Goodness, I have just noticed that I have already spoken about this very issue previously at

My apologies for the double post.  Glancing over the original thread, I blame myself for not moving things forward at a proper pace, instead of letting the other half do it.  Bless her, she does not do so well in these situations.

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i would suspect that as both of these issues are temperature related, the manufacturer at production have fitted the wrong safety cutout's in the appliance..

 

as you reported this within 6mts it's down to them to send someone out to check, i would recommend they look at the temperature marking of cutouts fitted, might just be a simple case of fitting the correct ones.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can you also tell us the make and approx cost of the oven.

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It might be an idea if you would let us know what if any action you took as a result of the advice that we gave you last year when you first came to us about this problem.

I see that you seem to be laying the blame for non-action at the feet of your partner. That's a shame.

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Posted (edited)

@dx100uk& @slick132, I can't recall at the moment and she's out getting her vaccination at the moment but I think it was £350.  We will call the manufacturer again and tell them of the lack of progress, rather than the retailer.  It's an Indesit.

 

@BankFodder

Quote

Someone came to see and change the thermostat in, possibly, Feb/March.  Other than that, sadly nothing.  When I wrote the message last night I was reflecting on the whole affair.  Things like this I have always done myself as she doesn't enjoy it and gives up easily.  I said I would pursue it my way and she told me she doesn't want any of that messing about.  I know this to be a fact that you cannot argue otherwise with me.  It is based on this, and her insistence that she was dealing with it all, that gave me the sense of regret.  I normally research the larger, more expensive purchases before buying and I follow up with these sort of things because I have an idea of what my rights are and I have this website as an invaluable resource.  I should have just done it.  I do acknowledge that she stopped me from taking control of the situation the way I normally would, and I acknowledge that it was ultimately I that let her do that.  You are free to judge as you see fit.

 

Someone came to see and change the thermostat in, possibly, Feb/March.  Other than that, sadly nothing. 

 

When I wrote the message last night I was reflecting on the whole affair. 
Things like this I have always done myself as she doesn't enjoy it and gives up easily. 
I said I would pursue it my way and she told me she doesn't want any of that messing about.  I know this to be a fact that you cannot argue otherwise with me. 
It is based on this, and her insistence that she was dealing with it all, that gave me the sense of regret. 

I normally research the larger, more expensive purchases before buying and I follow up with these sort of things because I have an idea of what my rights are and I have this website as an invaluable resource. 
I should have just done it. 

I do acknowledge that she stopped me from taking control of the situation the way I normally would, and I acknowledge that it was ultimately I that let her do that. 
You are free to judge as you see fit.

Edited by BankFodder
Restructured in order to make it readable
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