Tumble Dryer and right to reject- who do I have contract wi

Tumble Dryer and right to reject- who do I have contract wi

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surveyor_101

Original Poster:

5,069 posts

179 months

Sunday 19th March 2017
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Ok so currys- sell me a hotpoint condensing tumble dryer with 3 year extend plan.

Within year 1 machine overflow water float cut of/ warning light fails and so the machine pumps water into my utility room. Hotpoint engineer attends shows us melted polystyrene float and says eczema Creams in clothing bedding breaks the float down and basically it is unsuitable for us to have as my daughter has eczema. I ask hotpoint. Who deny what their engineer has said.

Machine performs ok for next 4 months and then it's recalled for fire issue fault massive recall. I register my appliance as needing modification and wait the quoted 6 months for work to be done. After that period has expired I call to see when it will be done. We empty water/ cheating every couple of loads and clear filter every load. We also check condensor every two months.

Hotpoint just say we have millions to do and not much more they can. Bit of digging on the net shows if you put pressure they don swap machines for new. So I do on social media etc and couple of calls they offer me a newer better model with 12 month warranty.

It's delivered and they take out machine. So with 4-5 months the floats fails on this machine and dumps water again.now in garage I move stuff around so he has good access attends and replaces float. He says new float is coated and is black not white, to resist this issue. That was 27 Jan.

Friday machine dumps water again system has failed and makes metallic sounds.

I ask hotpoint fro a replacement or refund and they say no. My contact is with currys but they changed the machine.

stevensdrs

3,210 posts

200 months

Sunday 19th March 2017
quotequote all
Get it repaired again under warranty and sell it. Buy another make that doesn't suffer from the float problem. Life is too short to get into a wrangle of who is responsible on a machine that is clearly unsuitable for your needs.

surveyor_101

Original Poster:

5,069 posts

179 months

Sunday 19th March 2017
quotequote all
stevensdrs said:
Get it repaired again under warranty and sell it. Buy another make that doesn't suffer from the float problem. Life is too short to get into a wrangle of who is responsible on a machine that is clearly unsuitable for your needs.
I take your point but why should I be out of pocket?

If I can sell it they aren't going for much since the recall even though this machine is too new for that.

robinessex

11,050 posts

181 months

Sunday 19th March 2017
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Sale of good act. Think it have been re-named though.

surveyor_101

Original Poster:

5,069 posts

179 months

Sunday 19th March 2017
quotequote all
robinessex said:
Sale of good act. Think it have been re-named though.
Yes but currys sold me the original appliance under sale of goods act.

The new appliance was a new replacement for safety recall unit. Post oct 15 so consumer rights act. However I don't buy this appliance.

anonymous-user

54 months

Sunday 19th March 2017
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They have to offer to repair, before you can get your money back.

If you reject their offer of repair you will NOT get your money back.

robinessex

11,050 posts

181 months

Sunday 19th March 2017
quotequote all
DSGbangs said:
They have to offer to repair, before you can get your money back.

If you reject their offer of repair you will NOT get your money back.
And if the repair don't work, you have 6yrs now to reject it.

OldGermanHeaps

3,823 posts

178 months

Sunday 19th March 2017
quotequote all
I can't help on the legal side but is the garage wall external or is it near drain pipework? You can pull the hose off the water tank and have the condensate go down a drain, or i have just ran my hose through a vent brick to outside, and you never need to worry about emptying the tank again. Its galling to let a manufacturer away with st quality but sometimes its easier to just work around it and bear in mind never to give them your hard earned again.

surveyor_101

Original Poster:

5,069 posts

179 months

Sunday 19th March 2017
quotequote all
OldGermanHeaps said:
I can't help on the legal side but is the garage wall external or is it near drain pipework? You can pull the hose off the water tank and have the condensate go down a drain, or i have just ran my hose through a vent brick to outside, and you never need to worry about emptying the tank again. Its galling to let a manufacturer away with st quality but sometimes its easier to just work around it and bear in mind never to give them your hard earned again.
It's also making funny noises so no.

No drain to put the hose in.

surveyor_101

Original Poster:

5,069 posts

179 months

Sunday 19th March 2017
quotequote all
robinessex said:
And if the repair don't work, you have 6yrs now to reject it.
Had it repaired on the 27/1/17 same fault ableit with a metalic sound as well now fro inside.

I had the same repair on the previous unit as well. So will be 3rd repair over two machines

How many times do I have to let them repair it. I am sure people aren't reading threads on piston heads now. Just read a few lines and keyboard warrior away.

anonymous-user

54 months

Sunday 19th March 2017
quotequote all
Really? The only lesson here is don't buy that brand again.

The retailer is not going to hand you freebies and the stress/time of litigation really isn't worth it on this.

Sell yours, buy another brand, and be happy.

surveyor_101

Original Poster:

5,069 posts

179 months

Sunday 19th March 2017
quotequote all
janesmith1950 said:
Really? The only lesson here is don't buy that brand again.

The retailer is not going to hand you freebies and the stress/time of litigation really isn't worth it on this.

Sell yours, buy another brand, and be happy.
You didn't read my post.

It's manaufacturer who I am dealing with after they replaced my last machine due to fire risk.

I am not asking for
A) your opinion on the success of litigation vs reward
B) whether you think the retailer will replace then unit, already established they won't do to manufacture replacing.

I am looking to establish that the manufacturer entered into a contract with me when they changed the make and model of my dryer due to national recall.

It's Obvious I have lost faith in that brand and won't buy again. Strangely their washing machines have always been very good.

essayer

9,056 posts

194 months

Sunday 19th March 2017
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When does/did the extended warranty run out? Could you have recourse on that?

Here is the relevant bit of SOGA which has now been superceded by the CRA
http://www.legislation.gov.uk/ukpga/1979/54/part/5...

Looks like it's all down to what is 'reasonable'. Personally, I'd get an engineer's report to confirm whether it's a weak design - hence all the repeated failures - then hit Currys with it and demand a refund under the SoGA as they've had numerous attempts to repair, and even replaced the machine (for an unrelated issue, true - but still something which makes it not fit for purpose!)

Keep it all in writing, don't bother wasting your time on the phone - and if they won't play ball, money claim online. I suspect they'll settle or offer a part-exchange (take it) as soon as you file the claim.


O/T but: This Hotpoint recall issue has been an absolute shambles, people's homes actually burning down and Hotpoint refusing to do a recall. Someone will be killed soon and it will be their fault. If they'd done a Samsung (Note 7) it would have all blown over straightaway. I'd certainly never buy one now.



Edited by essayer on Sunday 19th March 21:58


Edited by essayer on Sunday 19th March 22:00

AdeTuono

7,247 posts

227 months

Monday 20th March 2017
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robinessex said:
And if the repair don't work, you have 6yrs now to reject it.
Really? 6 years? That sounds like a machine for life.

anonymous-user

54 months

Monday 20th March 2017
quotequote all
surveyor_101 said:
You didn't read my post.

It's manaufacturer who I am dealing with after they replaced my last machine due to fire risk.

I am not asking for
A) your opinion on the success of litigation vs reward
B) whether you think the retailer will replace then unit, already established they won't do to manufacture replacing.

I am looking to establish that the manufacturer entered into a contract with me when they changed the make and model of my dryer due to national recall.

It's Obvious I have lost faith in that brand and won't buy again. Strangely their washing machines have always been very good.
What makes you think you have a contract with the manufacturer? What did you give the manufacturer?

drdel

426 posts

128 months

Monday 20th March 2017
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In my opinion the 'laws' are on your side but getting the issue resolved will take time and effort - whether its worth the hassle is down to your own opinion.

I won't wait and mess about if t'was me I'd write a polite email or take letter to Curry's store manager laying out the timetable of issues. State you want the problem resolved within a reasonable time (say 14 days) otherwise you will have to buy another machine to do the job their broken machine should be doing. I'd also state that if they have not fully sorted it out within the 14 days you will use the on-line 'court' system to reclaim from them the total costs of the replacement and other direct costs you have incurred.

Stoofa

958 posts

168 months

Monday 20th March 2017
quotequote all
AdeTuono said:
robinessex said:
And if the repair don't work, you have 6yrs now to reject it.
Really? 6 years? That sounds like a machine for life.
Well of course there is an awful lot more to it than "you repaired my machine 5 years ago and now I'm rejecting it". There is burden of proof, expected life of the appliance and this "six year" figure is far from a given and generally unlikely.
But then, posting "You've got 6 years to reject it" sounds far more exciting smile

jmorgan

36,010 posts

284 months

Monday 20th March 2017
quotequote all
might be of help
http://www.which.co.uk/consumer-rights/regulation/...

Our cooker went south just out of 12 month warranty. Seller went very awkward and the upshot, as I understand it, I had to prove the fault was a manufacturing defect.

So not that cut and dry.

robinessex

11,050 posts

181 months

Monday 20th March 2017
quotequote all
Stoofa said:
AdeTuono said:
robinessex said:
And if the repair don't work, you have 6yrs now to reject it.
Really? 6 years? That sounds like a machine for life.
Well of course there is an awful lot more to it than "you repaired my machine 5 years ago and now I'm rejecting it". There is burden of proof, expected life of the appliance and this "six year" figure is far from a given and generally unlikely.
But then, posting "You've got 6 years to reject it" sounds far more exciting smile
From http://www.which.co.uk/consumer-rights/regulation/...

Six months or more
If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time of delivery.
In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range.
Find out more about how to return a faulty item and claim a refund, repair or replacement from a retailer.
You have six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.
This doesn't mean that a product has to last six years - just that YOU HAVE THIS LENGTH OF TIME IN WHICH TO MAKE A CLAIM if a retailer refuses to repair or replace a faulty product.

Fastpedeller

3,872 posts

146 months

Monday 20th March 2017
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I'd try the local Trading Standards, they may well fight your corner in view of the History of this product countrywide, as well as your one.