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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77782
Experience:  Qualified Solicitor
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9 weeks old door exploded on spin. Will I be able to upgrade

Customer Question

9 weeks old door exploded on spin. Will I be able to upgrade as I’m disabled and scared if I’d been in kitchen also I’ve adrum full of clothes that’s been holed all over with the glass will they pay for that
JA: Where are you? It matters because laws vary by location.
Customer: scotland
JA: What steps have you taken so far?
Customer: sent all numbers from sides and photo of receipt pictures of some clothes that we could safely touch.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Think that’s it
Submitted: 9 days ago.
Category: Law
Expert:  Ben Jones replied 9 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 9 days ago.

I understand your query relates to a washing machine door that exploded whilst on spin. Please provide some more details of your situation so that I can better understand what exactly happened?

Expert:  Ben Jones replied 9 days ago.

I also want to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 9 days ago.
My machine was 9 weeks old as normal put on washing thankfully myself and dog weren’t in kitchen as thick glass shards were flying everywhere. We gave serial numbers photos of machine and ruined clothes that we could safely touch and photo of original receipt. I am so scared if any noises in house now. As I’m disabled there would have been no chance if I’d been in kitchen when it happened. I would prefer if I can upgrade and pay extra. Curries have said they would give 30 as good will gesture. I have a bin bag of about £200 in ruined washing. Should they not pay for that.
Expert:  Ben Jones replied 9 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

When a private consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- as described – they must match any description given at the time of purchase

- fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, the consumer will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty or guarantee that came with the goods, which is entirely separate. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

If the goods do not meet any of the above criteria, the consumer’s rights against the seller are:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.

An important aspect of the Consumer Rights Act 2015 is that there is an assumption that any issues complained of, which have become obvious or developed within the first 6 months of buying the goods, were present at the time of purchase. If the seller disagrees that his was the case, it would be up to them to prove otherwise, if challenged in court. On the other hand, any issues which develop more than 6 months after purchase, are assumed not to have originated at the point of sale and it is for the buyer to prove otherwise if challenged in court.

If there are additional damages incurred as a result of the defects, it is possible to add these to any amount pursued.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.moneyclaim.gov.uk/web/mcol/welcome

Expert:  Ben Jones replied 9 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 8 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.