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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44915
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a new washing machine 26 days ago (on 17.07.16) in

Customer Question

I bought a new washing machine 26 days ago (on 17.07.16) in Curry's. It's now stopped working. I want Curry's to collect it and refund me but they are refusing. They say the manufacturer Hotpoint need to provide an uplift number and Hotpoint will not do this until an engineer has assessed it. They cannot come out until next Friday. I quoted the consumer rights act to them as I'm within 30 days but they would not refund me and we are now in a stale mate position. I want to know:
1. is this legal
2. if they refuse to refund me or collect the dud can I bill them for my time/stress/rent for storing a lemon
I have small kids in the house and have washing to do daily and cannot dry it outside. I would not expect a new and expensive machine to pack up so quickly.
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How did you pay for the machine?

Customer: replied 3 months ago.
visa debit card
Expert:  Ben Jones replied 3 months ago.

Thank you. If they have sold you an item which is not of satisfactory quality or fit for purpose, then you are correct that under the Consumer Rights Act you have a right to reject it within the first month after purchase and get a refund. This right is not dependent on the manufacturer or anyone else approving this – the seller has a legal obligation to refund you regardless of whether an engineer has assessed it or not. However, even if your rights say that this is what should happen, you cannot force them to act in that way.

If they refuse to resolve the situation, then you would potentially be able to seek compensation in terms of getting a refund or a replacement item. You cannot however claim for stress or inconvenience or charge them rent. So you are looking for actual losses incurred such as having to get a replacement or get it repaired or simply getting a refund if you have not had to get a replacement.

You can still quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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