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Consumer rights, help please!!!

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Hi all, any help would be appreciated. We have a washing machine which is 8 weeks old Today, and it's blown up!!! Now the retailer is insisting we have a repair. I would TBH, rather change it and up… Read More
tinkerbell28 Avatar
8y, 1m agoPosted 8 years, 1 month ago
Hi all, any help would be appreciated.
We have a washing machine which is 8 weeks old Today, and it's blown up!!!
Now the retailer is insisting we have a repair. I would TBH, rather change it and upgrade as I cannot have this happen 8 weeks in, to me that suggests it was faulty on delivery to last that long.
He comes the hard part, they cannot send an engineer out for over a week and even then it's not guaranteed a fix just an assesment.
I could cry, I have just been to Sainsburys and spent a fortune on kids bedding, my son is Disabled and if he has accidents, no amount of handwashing is going to get his stuff clean.
Can I demand a replacement or do I have to wait weeks possibly for a repair.
Reg given xx
tinkerbell28 Avatar
8y, 1m agoPosted 8 years, 1 month ago
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1 Like #1
Demand A Replacement Or You Will Snatch Back Your Money
1 Like #2
raptorcigs
Demand A Replacement Or You Will Snatch Back Your Money


agree. its not fit for purpose and you need it replacing asap.
#3
Speak to the store manager and tell them you KNOW you are entitled to a refund or replacement under the sale of good act ( item not fit for purpose )
If they wont - tell them you will get an independant engineer to look at it and if he confirms it as faulty you will send them the bill and take the case to small claims court.
Also ask for managers name and tell him/her you will the head office your intentions
Usually works.
#4
You can demand a replacement and they seem to be a tad unreasonable......quote the law below from ConsumerDirect.gov

Electrical and gas appliances

If you've bought an electrical or gas appliance, and you're not satisfied with your purchase, you may be entitled to a repair, a refund or a replacement.
[LIST]
[*]Your rights
[*]Important points to bear in mind
[*]If things go wrong[/LIST] Back to top
Your rights


If you have bought an electrical or gas appliance, it must be of satisfactory quality, fit for its purpose and as described.
When an item doesn’t meet some or all of these conditions:

[LIST]
[*] If you have only used it a few times or haven’t had a reasonable opportunity to check them, you are probably entitled to a refund for a fault or poor description, or alternatively you may request a replacement.
[*] If the fault is only minor and can easily be put right, it is reasonable to accept a repair. This won’t stop you claiming a replacement or refund if the repair turns out to be unsatisfactory.
[*] If you have used it more than a few times or have had a reasonable opportunity to check them, you are probably still entitled to a repair or replacement. A repair should be carried out within a reasonable period of time and without causing you significant inconvenience. Any repair should restore goods to a satisfactory condition. If this does not happen, you are entitled to a replacement or compensation. This could be a sum of money or the cost of hiring a temporary replacement, or perhaps the loan of a replacement.
[*] If the goods cannot be replaced or repaired economically, you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the goods.
[*] If the goods have damaged anything else or you are out of pocket in any other way, you may be entitled to compensation over and above the price of the original goods.
[/LIST] The trader must sort out your problem, not the manufacturer

Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer.
1 Like #5
Guess the first q is who did u buy it from and what does it say on the gaurantee.
Either way if it (were me) the first corse of action would be to tslk to the store manager and explain ...if this gets you no where then talk to a director of the firm and if this gets you no where talk to your local council tradings and standars office.This would be the quick options.Failing these call a local solicitor and get him to send a letter outlining your complaint.You may be entitled to legal aid but a simple opening letter should not cost much and add the cost to any claim.
In my experience the I need help approach gets a response but you should not fear taking action as the situation you outline is not acceptable..Hope this is of some help.
Immediately , however,I would write a short letter to the company outling the position and send recorded and keep a copy so that you protect any rights and the seller cannot say they were not notified.Hope it works out and sorry to hear about your situ especiallly with your sons difficulties

Rgds
1 Like #6
tinkerbell28;4911136
But they won't budge, they say they are obliged to offer me a replacement, that's where their liability stops:?


Phone them and tell them you are contacting Trading Standards on Tuesday morning......

Request a replacement or full refund inclusive of your costs :thumbsup:
1 Like #7
after 8 weeks i doubt you are entitled to a replacement, the "reasonable period of time" is usually said to be 30 days. outside of this the retailer is only obliged to rectify the fault. however if the fault is major and you can be said to have lost faith in the item then occasionally a replacement would be in order. but the repair must be carried out in good time. they cannot expect you to wait weeks for repair.
1 Like #8
You are entitled to a replacement, try for more, but they don't have to refund you.
What they are doing is acceptable according to the law
#9
wolf359
after 8 weeks i doubt you are entitled to a replacement, the "reasonable period of time" is usually said to be 30 days. outside of this the retailer is only obliged to rectify the fault. however if the fault is major and you can be said to have lost faith in the item then occasionally a replacement would be in order. but the repair must be carried out in good time. they cannot expect you to wait weeks for repair.


+1
#10
tinkerbell28
But they won't budge, they say they are obliged to offer me a replacement, that's where their liability stops:?


That's what you want Tinks?
#11
choc1969
You can demand a replacement and they seem to be a tad unreasonable......quote the law below from ConsumerDirect.gov


i wish my customers who come in and get a massive demo, buy it and then change there mind cos they cant afford or c it online cheaper and moan when i dont give a refund read this!!=)
1 Like #12
wolf359
after 8 weeks i doubt you are entitled to a replacement, the "reasonable period of time" is usually said to be 30 days. outside of this the retailer is only obliged to rectify the fault. however if the fault is major and you can be said to have lost faith in the item then occasionally a replacement would be in order. but the repair must be carried out in good time. they cannot expect you to wait weeks for repair.


Quoted again for the only decent post in the thread.

Also if you do some research and find the model has a inherent fault, and this is what caused your problem, then you may be able to get a refund of a exchange.
#13
where did you get it from?
banned#14
if you got it instore and you arent getting anywhere, i would go in and make a scene, usually works, they'll do anything to get shot of you, have you a big enough car to take the machine with you
#15
yep take the bloody thing into the middle of a busy store,that will do the trick!
#16
sassie
if you got it instore and you arent getting anywhere, i would go in and make a scene, usually works, they'll do anything to get shot of you, have you a big enough car to take the machine with you


boothy
yep take the bloody thing into the middle of a busy store,that will do the trick!


Dixons don't have stores - do they?
banned#17
DAMNOME
Dixons don't have stores - do they?


ooops dont they

then from site, hardly helpful having to wait a week for someone to come out, get back on the phone tomorrow after speaking to trading standards

Faulty goods
The following are guidelines. Wherever possible we will respond to your individual circumstances.

If there is a fault with your product within 12 months of delivery (or other defect with your order), we will normally offer a prompt repair, exchange or refund. You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. In all cases we reserve the right to inspect the product and verify the fault.
#18
Get dixons to put in writing by email that they will not refund or replace - and will only repair.

Then show trading standards.

I'm guessing they are telling you this on the phone?
1 Like #19
thesaint
You are entitled to a replacement, try for more, but they don't have to refund you.
What they are doing is acceptable according to the law


i'm pretty sure if its under 6 months your entitled to a full refund or replacement after that its replace or repair.
banned 1 Like #20
tinkerbell i would wait to speak to trading standards tomorrow before phoning them again, its not worth phoning them again as it will only be the same old with them, get yaself backed up by trading standards then phone
1 Like #21
tinkerbell28
Yes they are, I will phone them and ask. Online only Sassie I would of took it in otherwise Sassie and dumped it there!


You may be better off emailing them Tinks-

It's harder to fob you off in writing, the law is the law and you are entitled to a full refund or a replacement.
You do not have to accept a repair - though they do have the right to take the machine to see if and what the fault is - or you could provide them with an engineer's report if they insit on doing that.

Stick to your guns and don't back down Tinks - you will get what you want in the end, just tell them you know your rights and will see it all the way.

Goodluck
#22
ants97
i'm pretty sure if its under 6 months your entitled to a full refund or replacement after that its replace or repair.


No, they are within their rights to refuse a refund.
#23
How awful for you sweetie, try calling up their head office and make sure you sound upset on the phone..

Back up your complaint in writing, not just by email, snail mail also... hope you get it fixed soon love.

We had a problem with an electrolux cooker that stopped working within a few weeks and they needed to order a part before they could fix it... kept us waiting for over FOUR months before they eventually agreed to just replace it.
#24
take a look at this

http://www.washerhelp.co.uk/washing-machine-consumer-advice_1.html

it clearly states you have a" reasonable period of time" for entitlement to a replacement. this is assumed by most retailers to be 28 days. under new laws you also have 6 months to reject goods, but, and its a big but, the manufacturer can counter-claim that replacement is prohibitively expensive compared to a repair. the only place who can decide on this issue is a court of law.

so to sum up
<28 days - replacement
>28 days <180 days repair or replacement subject to agreement between parties or legal action
<180 days repair
#25
did you not take any extra cover on the machine?
TBH in a situation like yours, it would've been advisable to take out something extra to cover faults if you cannot afford to be without the machine for extended length of time.

I work in a Currys.Digital so I have no contact with white goods and their sales or repairs at all.
but it seems pretty standard, especially for an internet only company, that after 28 days they wants to send an engineer out and verify the fault first.
if its beyond economical repair they may issue a direct replacement or online vouchers to choose another.
I don't know exactly how Dixons online works.

if you get onto trading standards they may back you up that a week for an engineer is a bit unreasonable considering your circumstances, however, all Dixons need to do is offer a repair route. they have done.
they want to verify the fault first.
its not unreasonable for any retailer to want to do that is it?
if its something that CAN be fixed then its more economically viable than exchanging it for another one.

if you want to push the issue cos of your circumstances and so on, trading standards may offer to fight your corner for you and get it done at a speedier rate.

the best thing I can say is, try to stay polite and courteous at all times.
getting angry and demanding refunds will only get you this:
phone put down on you from call centre

I fully understand your anger and frustration but if you're polite and well mannered about it, even to the point where you don't accept their repair route, thats gonna keep you in a lot better stead with DSGi and trading standards than just going off on one.

and as for what was suggested about dumping it in a busy store....even if Dixons still had stores, it would get you escorted out of the store by security or community support officers, as repairs of that size are collected from the customer directly.

someone tried it at our store with a big tv that they demanded to be changed cos they said they wouldnt accept a repair.
it sat in the back lane where they left it.
we weren't obliged to take it back into the store.

being nasty will get you nowhere.
#26
sassie
if you got it instore and you arent getting anywhere, i would go in and make a scene, usually works, they'll do anything to get shot of you, have you a big enough car to take the machine with you

the 'anything' they'll do to get shot of you, is call the police or community support officers.
if you go kick off any store now, you'll be booted out and possibly charged with breach of the peace.

even in places like Greggs bakers they ahve signs up saying not to shout at or abuse staff members or you'll be chucked out.
#27
slackrat77
the 'anything' they'll do to get shot of you, is call the police or community support officers.
if you go kick off any store now, you'll be booted out and possibly charged with breach of the peace.

even in places like Greggs bakers they ahve signs up saying not to shout at or abuse staff members or you'll be chucked out.


I think "Making a scene" in this sense refers to being at the front of a queue and loudly and clearly making a full complaint. Not being abusive or shouting, but just being in place and demanding ones rights.
#28
I had same problem with Dixons but with a Plasma tv , paid over £1000 for it , a month later it became faulty , they told me they would send someone out to look at it and it will be repaired , they claim this was there right to do this.

I was lucky though people who came out said it cant be repaired but they collected anyway to see if some how they could get the screen replaced , they couldnt as it would of cost them as much as a new one and i waited a month for Dixons to refund me after i had to keep contacting them m Dixons attitude the whole time was digusting , but i learnt i will never shop with them again

If they did of told me that they could of repaired it i would of let them collect it , got proof that it was collected then done a charge back and sent it to the credit card company to prove it was sent back , this is what i was planning to do if it could of been repaired , as i would of refused to have it back.

You should tell them youre son is Disabled and you find it disgusting that you are made to wait this long!!!!!
#29
ClarityofMind
I think "Making a scene" in this sense refers to being at the front of a queue and loudly and clearly making a full complaint. Not being abusive or shouting, but just being in place and demanding ones rights.


dumping a washing machine in a store will get you told to remove it.
simple as.

its behaving like a total idiot.

i'm all for making a complaint but doing it loudly will get you told to lower your voice and act with more decorum or leave the store.

there is no excuse for 'making a scene'.
all its doing is showing YOU up.

I've worked in retail in one form or another since i left college at 18, i'm 32 now.
the majority of people in the store when you 'make a scene' in my experience, will not stand by you, they'll get annoyed at you.
of course that could just be something that happens in the north east, but like i say, in my experience, someone kicking off making a 'loud complaint' just annoys other shoppers.

being like that gets you nowhere
#30
slackrat77;4913194
dumping a washing machine in a store will get you told to remove it.
simple as.

its behaving like a total idiot.

i'm all for making a complaint but doing it loudly will get you told to lower your voice and act with more decorum or leave the store.

there is no excuse for 'making a scene'.
all its doing is showing YOU up.

I've worked in retail in one form or another since i left college at 18, i'm 32 now.
the majority of people in the store when you 'make a scene' in my experience, will not stand by you, they'll get annoyed at you.
of course that could just be something that happens in the north east, but like i say, in my experience, someone kicking off making a 'loud complaint' just annoys other shoppers.

being like that gets you nowhere

Well when people shout and act like fools then i do get annoyed but if someone acts without losing it then i would be on there side , would love to see someone go in a shop and dump a faulty washing machine instore , lol
banned#31
slackrat77
the 'anything' they'll do to get shot of you, is call the police or community support officers.
if you go kick off any store now, you'll be booted out and possibly charged with breach of the peace.

even in places like Greggs bakers they ahve signs up saying not to shout at or abuse staff members or you'll be chucked out.


I never said to shout or abuse the staff :?
#32
slackrat77
dumping a washing machine in a store will get you told to remove it.
simple as.

its behaving like a total idiot.

i'm all for making a complaint but doing it loudly will get you told to lower your voice and act with more decorum or leave the store.

there is no excuse for 'making a scene'.
all its doing is showing YOU up.

I've worked in retail in one form or another since i left college at 18, i'm 32 now.
the majority of people in the store when you 'make a scene' in my experience, will not stand by you, they'll get annoyed at you.
of course that could just be something that happens in the north east, but like i say, in my experience, someone kicking off making a 'loud complaint' just annoys other shoppers.

being like that gets you nowhere


Sweetie, I have never dumped a washing machine in a store lol

My point was there is a difference between being abusive to staff and in standing up for yourself.

I am all for ASSERTIVENESS... I didn't mention aggression x x
#33
tinkerbell28
Are you talking about, my said in jest comment of dumping the washing machine if I could. SAID IN JEST. Or are dsg really still sucking the life and humour out of their staff still.



Did he really take that seriously? lol!
#34
tinkerbell28
Slackrat, I appreciate your input, having had the misfortune of working at Dixons 10 odd years ago whilst I was studying, no way would I of taken disastercare or whatever they call it now.
The fact is DSG's customer services is atrocious, always has been and always will be. The reason I ordered from them is they had the model I wanted in stock immediately, otherwise I would not of bothered, I am regretting that decision though.
The fact is DSI staff have suffered from "computer says no" syndrome for over 10 years now, eventually you will become embarrased having to deal with all disatisfied customers.
Mark my words, once the novelty of career start or whatever it's called has worn off:thumbsup:

Are you talking about, my said in jest comment of dumping the washing machine if I could. SAID IN JEST. Or are dsg really still sucking the life and humour out of their staff still.


they absolutely are!
it pays the bills, thats all.
i like my fellow staff members and the store i work in. i like getting to see the new stuff as it comes out.

apart from that....they ARE trying to improve but its gonna take time.
releasing capita from their contract as customer service call centre is a good start!
idiots.
they keep telling folks to just go back into the store and get it swopped, no matter the item or fault.

the Whatever Happens support can be good but a lot of people have the distrust of the old coverplan still.
i fully understand and appreciate the OP's position but buying from an internet only company with a standard manufacturers warranty leads to this kind of service....

my advice as someone who has worked for DSG for a year now (bear in mind I'm in my 30s not a student who is new to retail)
buy from John Lewis.
they have less stores and all their warranty based repairs are outsourced to 3rd party repair firms.
DSG have taken on too much by trying to repair everything in house from all their companies
#35
thesaint
No, they are within their rights to refuse a refund.


good job argos didn't check when I took my 360 back to them then, checked again and your right but they do have to either refund, replace or repair.
banned#36
there are many things you always learn to late, but at least you know for next time, i would never buy hotpoint, medion or purchase anything from dixons, no matter how much of a good buy anything is
#37
slackrat77
they absolutely are!
it pays the bills, thats all.
i like my fellow staff members and the store i work in. i like getting to see the new stuff as it comes out.

apart from that....they ARE trying to improve but its gonna take time.
releasing capita from their contract as customer service call centre is a good start!
idiots.
they keep telling folks to just go back into the store and get it swopped, no matter the item or fault.

the Whatever Happens support can be good but a lot of people have the distrust of the old coverplan still.
i fully understand and appreciate the OP's position but buying from an internet only company with a standard manufacturers warranty leads to this kind of service....

my advice as someone who has worked for DSG for a year now (bear in mind I'm in my 30s not a student who is new to retail)
buy from John Lewis.
they have less stores and all their warranty based repairs are outsourced to 3rd party repair firms.
DSG have taken on too much by trying to repair everything in house from all their companies


I think we would all agree that we'd rather buy something from JL than Dixons. Sometimes its a financially based decision though.
#38
How are you getting on with this Tinks?

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