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Genuinely need outside opinions before I complain (and/or sue!)

(36 Posts)
Mog37 Fri 31-Oct-08 11:54:02

I've had a tough week for various reasons and I think I might be overreacting to this situation so before I make a prat of myself in real life, please tell me if I'm being unreasonable!

I have a washing machine that is 4 months old and has broken down. It has taken 6 days for the major national chain that it was bought from to send an engineer to look at it; he brought the wrong part with him; I now have to wait for them to order the correct part and return. No-one will tell me how long this will take.

When I suggested that perhaps The Major National Chain might want to offer me an exchange (as the damn machine is only 4 months old!) I was told that The Major National Chain has no legal responsibility for the products it sells (but out of the goodness of its heart, it allows its customers to return faulty goods within 28 days - which has now expired).

AIBU to complain and demand an exchange?

AIBU to go out and buy a replacement (from someone else!) and sue The Major National Chain for the return of my money? (I would really like to do this but think it's just because I'm angry and so I am BU.)

I guess the real question is how old is a washing machine when you lose your "statutory rights" as a consumer?

Mog37 Fri 31-Oct-08 11:55:25

Oh, and please feel free to say this is a mind-bogglingly boring topic for AIBU and should have been posted in the legal forum! grin

froggyfroofroo Fri 31-Oct-08 11:56:45

buy the citizens advice book, according to that anything you buy has to be good for 6 years, ill dig the info out if you like?

LadyOfRoffle Fri 31-Oct-08 11:57:34

You have a year I am sure. Trading standards will help, I think you can argue it up to about 5 years? Was it Currys? I bought an oven in April that has just been installed and is broken and they are sending someone out to fix it.

Freckle Fri 31-Oct-08 11:58:32

They are talking bollocks. They absolutely do have responsibility for the goods they sell. Your rights are contained in the Sale of Goods Act 1979. Google it.

I would also report them to Trading Standards because, as a Major National Chain, they know what your rights are and they are deliberately misleading you. Have a look here. This is written from the trader's perspective and tells them what their obligations are. The Sale of Goods Act was written specifically so that customers did not have to dig around to find out manufacturers' details, etc., as they simply need to go back to the store which sold the goods.

Curlylox Fri 31-Oct-08 11:58:43

Sorry I don't know that much if any about "statutory rights" but thought most electrical products come with a 12 month guarantee and if it is faulty then it should be replaced!

DoubleToilandTroubleBluff Fri 31-Oct-08 11:59:27

' no legal responsiblilty for the goods it sells'?
Waht a laod of cock.

Bubbaluv Fri 31-Oct-08 11:59:45

Isn't there a manufacturers warranty or something? I would have thought it was the manufacturer rather than the retailer who bears responsibility?

christywhisty Fri 31-Oct-08 12:02:02

Manufaturers warrenties/guarantees are an extension of your legal rights not instead of them

your rights

froggyfroofroo Fri 31-Oct-08 12:02:27

i'll give it anyway, in brief and in my own from reading the book infront of me it says:

it's you consumer right to ask trader for free repair or replacement within six years of buying the goods.

if trader doesnt agree at time of sale it is traders responsibility to prove this if you have complained within 6 months of recieving goods.

in other words they HAVE to repair or relace
loads more info but my lunch is waiting.

ajandjjmum Fri 31-Oct-08 12:05:36

Give them a further 24 hours to repair or provide a replacement.

If they do not do so tell them that you will take every action possible to publicize their lack of customer care.

Who is it?

MsPontipine Fri 31-Oct-08 12:08:05

Yes go on - name 'em!

MmeTussaudsChmberOfChocHobnobs Fri 31-Oct-08 12:08:35

Name and shame, that is appaling customer service.

Leavign you without a washing machine for weeks shock

Do you have young DCs?

Mog37 Fri 31-Oct-08 12:16:41

Wow! Huge thanks for the quick responses (and really pleased that you don't all think I'm barking mad to think that I shouldn't have to spend weeks without a washing machine!).

As for naming and shaming - yes, it's Currys. Yes, their staff are incredibly unhelpful, rude and patronising. And, no, I won't ever buy from them again...

Oh, and yes, DD is 8 months old. I've now officially run out of boxes to put the dirty laundry in!

MmeTussaudsChmberOfChocHobnobs Fri 31-Oct-08 12:18:40

Take the boxes around to Currys and ask them to wash the clothes as your machine does not seem to be working at present.

christywhisty Fri 31-Oct-08 12:21:33

Unfortunately even Curry's head office will pretend ignorance of consumer laws. My Dad bought a tv from them which was faulty from the start, they sent people out to repair and was told it was an inherant fault, even the ones in the show room were showing the same fault, they expected for him to fo to all the other show rooms in london to find one that worked, he was a pensioner!
Unfortunately he died before it was sorted out.

WilyWombat Fri 31-Oct-08 12:25:56

I cant even go in to Currys...I cant bear being pressured into buying the glossier more expensive version of what I want by acned lads who look like they are only just out of puberty.

I had a problem with something they sold me years ago, their aftersales then was apalling.

rebelmum1 Fri 31-Oct-08 12:32:06

Ask to speak to a manager, and explain that you will go to trading standards, ask for his managers name and address and tell him you are writing a complaint to him too. Quote their legal obligations to them. I am not sure if you have the right to return the goods to them and shop elsewhere after 4 months but that is worth finding out then you can say either they come and get it and refund you or come and fix it pronto and name a day and time. Make a very very big noise.

Anglepoise Fri 31-Oct-08 12:46:28

Utter bullshit. They have to be of a reasonable standard or fit for purpose or something like that - which four months' use obviously isn't. I suspect you won't get any joy out of them though (from my own bitter experience with Comet, who I won't ever buy from again - we ended up having to go down the small claims route to get a refund on a computer that stopped working two weeks after we bought it angry).

Did you buy on a credit card? That gives you some extra rights.

seanbeanmarryme Fri 31-Oct-08 13:02:46

We had similar probs with a washing machine from them that was about 3 months old which they refused to accept any repsonsibility for. The prob was resolved when my husband told them he was about to take the machine into the store on a very busy Sat before Xmas. After telling him he would be removed from the store, they called back within 5 mins & ofered a replacement. Have never been back in the store since.Hope you get things sorted soon.

WilyWombat Fri 31-Oct-08 13:22:34

Arent Currys/Comet actually the same company?

forevercleaningwithmybesoms Fri 31-Oct-08 13:24:59

ring head office

get the local number from and give 'em both barrels

LadyLauraStandish Fri 31-Oct-08 13:27:01

Currys and Comet are not the same company.

My moons ago I had dealings with Currys through the job I did (legal stuff) - they were crap then and I have never bought anything from them.

LadyLauraStandish Fri 31-Oct-08 13:27:36

Many moons, obviously - I don't own any moons................

andyrobo237 Fri 31-Oct-08 13:47:15

My DH is a manager at Curry's - I have asked him, and he said that the Engineer should have told you how long the correct part would take to get (or at least estimate the time). If an item is faulty and is within the Manufacturers guarantee (which this is being only 4 months old) - they usually have 12 months minimum. They have to try to repair it, if it is not repairable, then they should be able to get the item replaced with a new one (or similar if that one is not available).

I would get back onto the store and demand an engineer return to fix the machine - we had problems with ours twice, and it took no more than a week each time to get it fixed, and once it was taken away to get a new lump of concrete in it!!

They will not replace it yet, as they are trying to fix it - in the eyes of trading standards, but I would play the 'young baby' card and 'dont you know how much washing I need to do....'. It is unfortunate, but you will not get any money back off them if you go and buy a new one elsewhere, as they will either repair it or replace it eventually if it cannot be repaired. Cheaper to go to the laudertte to do the washing than buy a new machine.

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