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Faulty Dishwasher


DaveA27
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We bought a Zanussi Dishwasher from Curry's on 24/9/06. A fault developed with about a week ago, and Zanussi engineer came to repair it on Tuesday (19th Dec). Just over 24 hours later, the same fault has occurred.

 

I think I am correct in saying that, under SoG Act, we are now entitled to ask for a replacement or our money back - is this correct?

 

Thanks in advance!!

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Yes, you have given them an opportunity to repair it and they have failed to do so, so you can now ask them for a like-for-like replacement or alternatively rescind the contract and get your money back. Rescission is basically a refund less an amount for any wear and tear you have enjoyed from the product. As it's only three months old you really should get your money back in full.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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My wife has contacted the store to be told they can't do anything, it has to go through Customer Services. CS have said they "have to send an engineer out before deciding what action to take" - and may decide NOT to replace it! It turns out that when we reported the problem initially, we reported it to zanussi, not Curry's - however, they use the same service company!

I think this is going to turn into a bit of a saga...

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Ok... I'm confused!

 

I was under the impression, as stated, that having had one attempt at repair, we could now ask for replacement/refund. Leaving aside the hurdles that Curry's are putting in the way, my wife has phoned our local TS office, explained the circumstances and has been told:

  • They are entitled to send another engineer out to see if the first engineer missed something;
  • They may well then attempt a SECOND repair;
  • They can refuse to offer a replacement or refund!

Erm... Help!!

 

Would there be any point in us going to the local store to speak to the manager - or do we have to go through the long, protracted route of going through Customer Services, waiting for an engineer to visit etc.?

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Now, normally if you have given the trader an opportunity to repair the goods but the repair fails to put the problem right, you can then move on to the financial redress such as rescission of the contract. That's what all my training has said, which would be the same training a TS adviser would receive (different for Consumer Direct but should still be the same info).

 

HOWEVER, if it was Zanussi you reported the fault to and they arranged for the engineer, Currys might have an argument that they themselves haven't been given a reasonable opportunity to carry out the repair. You can't really go to them asking to replace the item or rescind the contract when they weren't given the chance to put right the fault (or arrange to put right the fault) themselves.

 

As your statutory rights are against Currys, you'd probably be best off giving them a chance to do the repair, but make it clear that if it goes wrong again you will be seeking a replacement or rescission of the contract.

 

Your rights against Zanussi will depend entirely on the terms of the warranty, so you won't automatically be able to claim a replacement from them unless their warranty allows for this. In addition, if the manufacturer replaces the item you will lose Sale of Goods rights against Currys as the item will be different from the one they sold you.

 

I'd advise to give Currys a chance to put it right, but put down in writing that if it goes wrong again you will seek a replacement or rescission. That would be my favoured course of action, anyway.

 

Sorry for the confusion, but I didn't pick up that you had been to Zanussi directly first of all.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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It's me that should apologise - I hadn't realised we had gone thru' Zanussi first... however, just to add to the confusion, Zanussi sent an engineer from ServiceForce - and the company that Curry's will be sending is... ServiceForce - and the engineer Curry's send will be from the same depot, and may well be the same engineer - (that is according to ServiceForce!!)

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The latest... Customer Services called back to say an engineer would call 27th Dec to have a look at the faulty dishwasher.

 

Mid-afternoon of the 27th we called to check that someone was coming - CS said yes, and gave us the number for the engineer's depot to get an estimate of when he would be with us... We called, they laughed, and told us it's booked for the 3rd January!

 

Call CS back, the say that on their system is states 27th Dec... CS call engineers to try and resolve the problem - but engineers now saying it will be ther 3rd AT THE EARLIEST - they can't guarantee when it will be!

 

CS agree to give us an "uplift" number and we are now awaiting delivery of a new (Bosch) machine and collection of the dead Zanussi which should be taking place 31st Dec...

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Well that was a bit disappointing!

 

We were told the d/w would be delivered between 7am and 11am this morning... got a call at 7.05am to say they would be with me "shortly"... and arrived at 7.25am!

 

Still, it's also sorted without any major problems, so...

 

HAPPY NEW YEAR to staff at Curry's and Zanussi, all contributors to this forum, and everyone else!! (Ok, might be a little early - but I won't be up to it later!!)

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