Vacuum Broken After 5 Months
Vacuum Broken After 5 Months
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CT05 Nose Cone

Original Poster:

25,797 posts

250 months

Wednesday 22nd February 2023
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In October I bought a cordless vacuum cleaner from a well known brand whose name is interchangeable with such devices. At the weekend the latch that you use to empty the cylinder snapped off, effectively rendering the entire thing useless. Tried their online chat first, but the advisor just gave up replying after the first few questions. So I tried the helpline and was asked to send pictures of the damage, which I duly did only for them to claim it was not covered under warranty and I'd have to buy the replacement part myself (half the cost of the unit). When I questioned this, they said go back to where I bought it from, which I have done, and they said I need to go back to the manufacturer.

To me, any clip or latch that breaks within 6 months of normal use is a design flaw and it's not unreasonable to expect it to last longer. If I emptied it once a week, it would have been opened about 25 times. Before I respond again, is there any particular legislation, or particular part of the CRA, that I can use to lend this a bit more weight? Thanks.

paradigital

1,078 posts

175 months

Wednesday 22nd February 2023
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From the CRA 2015:

“If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.

The retailer can't make any deductions from your refund in the first six months following an unsuccessful attempt at repair or replacement.”


I’m pretty certain that within the first six months the problem lies with the retailer, you don’t need to be engaging directly with the manufacturer.

DIW35

4,193 posts

223 months

Wednesday 22nd February 2023
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Your contract is with the company you bought it from, and they're the ones you should be badgering to get it fixed. Don't be put off if they tell you that you need to contact the manufacturer.

CT05 Nose Cone

Original Poster:

25,797 posts

250 months

Wednesday 22nd February 2023
quotequote all
paradigital said:
From the CRA 2015:

“If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.

The retailer can't make any deductions from your refund in the first six months following an unsuccessful attempt at repair or replacement.”


I’m pretty certain that within the first six months the problem lies with the retailer, you don’t need to be engaging directly with the manufacturer.
When it comes to that, would they not just say the latch wasn't broken when I bought it? Or if by fault they mean an intrinsic design flaw, just that there isn't a problem with other units? Retailer was saying I need a returns number from the manufacturer, which they aren't going to give as they claim it isn't covered under warranty.

paradigital

1,078 posts

175 months

Wednesday 22nd February 2023
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CT05 Nose Cone said:
When it comes to that, would they not just say the latch wasn't broken when I bought it? Or if by fault they mean an intrinsic design flaw, just that there isn't a problem with other units? Retailer was saying I need a returns number from the manufacturer, which they aren't going to give as they claim it isn't covered under warranty.
It could just as easily have been a bad moulding with a defect that caused a stress fracture far earlier than is typical. Could have been knocked during manufacturing and caused similar.

Ultimately, they have to disprove all of the possibilities, which they can’t, unless they opened it and inspected against a known good quantity it before selling it to you.

Cat

3,131 posts

292 months

Thursday 23rd February 2023
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I suspect you'll just have to suck it up. getmecoat

Cat

Sheepshanks

39,214 posts

142 months

Thursday 23rd February 2023
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Where did you buy it?

BertBert

20,885 posts

234 months

Thursday 23rd February 2023
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Go back to shop and be more specific cutting cra. If they refuse, error letter of complaint. If that fails send 7 day letter. If that fails claim through shall claims.

Or use sec 75 if you used credit card.

Grumps.

17,069 posts

59 months

Thursday 23rd February 2023
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If it’s a Dyson, I have always found them to be quite good.

We had one that broke the bin catch and they sent a whole new body foc.

vikingaero

12,280 posts

192 months

Thursday 23rd February 2023
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I would go back to the shop and ask for a refund.

Then go and buy from Amazon. I bought 2 Amazon Basics Bagless Vacs with 24 month warranty for The Vikingettes at Uni.

The clip holding the cylinder down broke on one of them at around month 23. I went on the webchat and the operator said that because I had only ever returned 2 items, she would send out a new one for next day delivery. I was told to keep the old one or throw it away. I managed to bodge a fix using a self tapper and use the vac in the garage.

Griffith4ever

6,339 posts

58 months

Thursday 23rd February 2023
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Grumps. said:
If it’s a Dyson, I have always found them to be quite good.

We had one that broke the bin catch and they sent a whole new body foc.
"a well known brand whose name is interchangeable with such devices".

Hoover mate - and he's not defaming anyone or anything so no need to keep the brand a secret

Canon_Fodder

1,775 posts

86 months

Thursday 23rd February 2023
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As Bert says, credit card s75 claim is the way to go here if possible OP?

Mr Pointy

12,794 posts

182 months

Thursday 23rd February 2023
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Griffith4ever said:
"a well known brand whose name is interchangeable with such devices".

  • Deleted* mate - and he's not defaming anyone or anything so no need to keep the brand a secret
Defamation doesn't come into it - "no name & shame" is a PH rule.

Griffith4ever

6,339 posts

58 months

Thursday 23rd February 2023
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Mr Pointy said:
Griffith4ever said:
"a well known brand whose name is interchangeable with such devices".

  • Deleted* mate - and he's not defaming anyone or anything so no need to keep the brand a secret
Defamation doesn't come into it - "no name & shame" is a PH rule.
No one is shaming anyone. Take a chill pill.

Saying My Mercedes had a door handle break, isn't shaming.....

CT05 Nose Cone

Original Poster:

25,797 posts

250 months

Monday 27th February 2023
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Update, I've gone back to the retailer, they've contacted the manufacturer who are claiming it's accidental damage and not covered under warranty. Picture attached to give a better idea of what I'm talking about.




This was not me misusing it, it's a design defect which came about through normal operation. I'm going to have to escalate, but should I be doing this with the manufacturer or retailer?

paintman

7,848 posts

213 months

Monday 27th February 2023
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The retailer.

Anything online to suggest this clip failing is a common issue which would help support your claim of 'intrinsic design flaw'?

Edited by paintman on Monday 27th February 12:44

Hammersia

1,564 posts

38 months

Monday 27th February 2023
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Looking at the reviews, can't particularly see anyone complaining about weak clips:

https://www.amazon.co.uk/product-reviews/B07SZ1DFQ...

However, makes no difference, just depends how determined you are about getting your money back. Retailer banks on most people giving up.

Djtemeka

1,964 posts

215 months

Monday 27th February 2023
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Write to the md

I did it with my Kärcher on sat and this morning I got a call to arrange collection

CT05 Nose Cone

Original Poster:

25,797 posts

250 months

Monday 27th February 2023
quotequote all
Djtemeka said:
Write to the md

I did it with my Kärcher on sat and this morning I got a call to arrange collection
To the retailer or manufacturer?

dundarach

5,972 posts

251 months

Monday 27th February 2023
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Sorry to be a pain OP, that looks like damage to me, I can understand the manufacturer.

Unless you're really persistent, you'll have a fight on.

Can you not buy spares?