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

[Mog37]

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 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?

If an item is faulty (within a relatively short period of time, as this is), the customer has the right to a repair, a replacement or a full refund. It is the customer's choice, not the store's. Go to trading standards now. The store knows what your rights are and is deliberately misleading you.

You have the right to your money back - not a repair or replacement, or a credit note, though you can choose to accept these if you wish - because the goods are not "fit for purpose" and are "not of merchantable quality". Your issue is with the retailer, not the manufacturer.

It is fair enough for Currys to say they will repair and not replace it BUT BUT BUT, that has to be within a reasonable period.

Check out the Sale and Supply of Goods to Consumer Regulations 2002, and in particular this clause, which is now incorporated into the Sale of Goods Act s48A.

If the buyer requires the seller to repair or replace the goods, the seller must -

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

I have said this before on MN, but when ssome RayBans I bought needed repairing, I was quoted standard terms 2 months which ws daft and would have meant no sunnies for me in the summer. After quoting the above and threatening Trading Standard and saying that 2 weeks was a reasonable period...I got the glasses back within 10 days

Stick to your guns, and be very very firm. The law is on your side.

i used to be a manager of a store, and our electrical poliy was - if its faulty and under a year old, replace it or refund it, what ever the customer wants.
i would get on to head office play the young baby no clothes card, threaten legal action and demand a replacement (or refund if you rather)
but the answer they have given you is bull.

I worked in Customer Services for an electrical Company (Hasten to add I didn't last long as it is a horrible job, wanted to help customers but mainly prevented from doing so by crappy company policies!). Your best bet (as I think others have said), is to ask to speak to a Manager/Supervisor and threaten them with trading standards as I know from experience that when trading standards are mentioned you will probably be put onto the priority list and actually get some action.

Nothing to add except to say that after cooker grief a couple of years ago I will never ever ever ever shop at curry's again. It was my first time and last time. I won't even set foot in the place.

As far as I know if goods were faulty when you bought them then they have (perhaps inadvertently) cheated you. Therefore you can demand your money back. In theory I suppose you could demand your money back 20 years later if you had put something away unused and hadn't noticed it was faulty.

In practice though you are expected to report the fault in a 'reasonable time' That and the definition of faulty can get a bit murky, but it's not a favour they are doing you.

28 days is a resonable amount of time, beyond that they are being unreasonable.

Now, ds had a laptop that went faulty 2 weeks before end of gaurantee. Curry's sent it off for repair, didn't get done within the 28 days a agreed by them Hey Presto, shiney new laptop!!

Seriously, I teach this stuff at A level.

If an item goes wrong in the first 6 months it is up to the retailer to sort it out, your contratct is with them. You do not have to accept a repair, but can insist on a replacement or refund. They are obliged under law, for a period of up to 6 years to offer some sort of repair/help on a faulty item. WHATEVER THEY MAY SAY!!!

Send a letter saying you want ction with 14 days or you will do this works a treat IME, never fails

They have to oblige

Many thanks to everyone for all the advice & support.

Momof2boys: That was exactly what I needed and didn't have - it's been a long time since I did any consumer rights law!

I've phoned Currys again and they've repeated that they can't give me a timescale for repair and don't know when they'll have the spare part . But if I call back next week they might have more of an idea! So I've complained (in writing this time!) and we'll see...

Take 'em to court....no hassle at all, all done on line.

You will get your money back, faster than a repaired washer!