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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience:  Over 5 years in practice
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I purchased a washer drier online 26.2.2014. I was

Customer Question

I purchased a washer drier online 26.2.2014. I was delivered on 27.2.2014 and initially worked fine. However within 10 days an error message started up around 5 minutes into the wash cycle and this effectively stopped the machine from operating. I checked the hand book and all the possible causes listed for this error message to to appear and could find nothing wrong. I then reported this to the seller who stransferred me to the manufacturers service and support site. The manufacturer agreed to send out an engineer to look at the machine and he is due in fact sometime today 20.3.2014.
As I have now been without the use of the machine for the last week and I am expecting my daughter and familly tomorrow to stay with us for a fortnight, it is imperative that I have the use of the machine by Saturday latest.
Please advise me of my rights to get a replacement machine should the engineer be unable to repair or correct the fault today.
When purchased, the seller had no problem in guaranteeing a next day delivery.
What are my rights in this situation?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How much did you pay for the machine please?
Customer: replied 3 years ago.

paid via bank debit card £499.00 GBP

Expert:  Jo C. replied 3 years ago.

This is a fairly recent purchase and so there is a presumption in your favour that the fault existed at the time of sale. They do not seem to dispute that as they are sending out an engineer.

If he cannot repair it then you are entitled to a refund or a replacement. There is no way around it. You only have to give him a reasonable opportunity to repair any fault and, in fact, only then if he can show that the other remedies are disproportionately expensive for him.

There is no specific time by which they must respond though. The SGA just says that you must not be put to 'significant inconvenience'. What that amounts to is a matter for the Court.

In any event though, what 'significant inconvenience' means in this sense, the company can only be made to act as fast as they will. If a company will not comply with the law then they cannot be beaten with a stick until they do! Your remedy is to go to court and seek damages but that doesn't do anything about the fact that you are without a washing machine in the short term.

I think, overall, a Court would probably accept that nearly two weeks without a washing machine that cost nearly £500 is probably going to amount to significant inconvenience but you would have to go to court to enforce that.

You could always complain to trading standards if they are dilatory. That often focuses their minds as they will not want to be investigated.

Hope this helps. Please let me know if you need more information.


Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile

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