Where do we actually stand on faulty goods?

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I’ve had two products I’ve bought recently which I’ve had disputes with but in my opinion, the problem of faulty goods being delivered is getting more common. So where do we stand on these issues?



1. Table

Summer 2017, we decide to treat ourselves to a new dining room table and 6 chairs. Having paid near enough a few grand, we thought this was something that would be a worthwhile investment, probably to last of the rest of our days. The product was sold to us as an oak table with matching chairs. Looked superb when it was delivered – happy days.

Roll forward a few months and I notice some cracking on the top.. So I reported this to the vendor who stated at the time this was normal for oak. Hmmm.. Roll forward a few months and the problem is getting worse. Again they insisted that oak takes in moisture and cracks over time. However, I wasn’t convinced and a bit of research revealed that Oak is very resistant to moisture and very unlikely to crack, particularly furniture. Anyway, a few weeks later they eventually sent round an independent furniture inspector. It turns out that although the table was oak, there was a veneer finish and it was this that was cracking. "Is it faulty", I asked. "Yes" was the reply. There report was fully supportive claiming that the product was faulty and unrepairable. The order, invoice and website mentions nothing about this product having a veneer finish. Faulty product, yes, Mis-sold product.. Absolutely.

So here was the deal.. Either they pay me £50 to release them from any further obligation and keep the table.. or a partial refund on a pra-rata basis depending on how long I had the product before I reported the fault and the table is returned. I took the latter option and I think out of £999 I paid for the able, I got £750 back.. My argument was, the product was faulty on delivery, not when it becomes visible.



2. Tumble Dryer.

Last November we bought a condensing tumble dryer from Curry’s but noticed almost immediately that every other wash was still coming out as wet as it went in.

At first, we thought maybe we were doing something wrong despite following all the instructions. Eventually, we called HotPoint service and an engineer made a home visit who said this was normal operation and reset the machine to new.

After this visit, washing was still randomly coming out wet but we stuck with this as we were told this was normal, which we disagreed with at the time.

In April this year, the machine stopped altogether with an alarming burning smell. Again, I called Hot point customer services and an engineer was called out. The motor was replaced but although the machine was back up and running, it continued to be "hit and miss" with wet finishes.

A few weeks ago, the washing machine caused the RCD to trip. We replaced the fuse a number of times but continued to trip the system. An engineer is due to visit next week. It means more time off for one of us.

So the machine has broken down 3 times inside the manufacturer’s warranty period, which is soon coming to an end yet they are reluctant to replace or refund.

My wife just wants to ditch the machine and I’m inclined to agree with her but feel that I must have some rights.

What concerns me as that in the event of a possible forth problem, which is very likely, then HotPoint can rub your hands free of this and they’re off the hook. To add insult, if the problem happens not to be a fault, then I will incur charges.

I doubt very much I’ll get a refund.. But should I be entitled?







So as per thread title, where do we stand on faulty goods that fall within manufacturer’s warranty? Are we being misguided into buying extended warranties. What rights are consumers really entitled to?
 
So here was the deal.. Either they pay me £50 to release them from any further obligation and keep the table.. or a partial refund on a pra-rata basis depending on how long I had the product before I reported the fault and the table is returned. I took the latter option and I think out of £999 I paid for the able, I got £750 back.. My argument was, the product was faulty on delivery, not when it becomes visible
i'm pretty sure if it was mis-sold then you are legally entitled to a full refund. i assume the description was solid oak? in which case if it came with a non-oak veneer that should be a clear case of mis-selling. i personally wouldn't have accepted either of the options you were offered - you've in effect rented a table of them for ~250 quid for 2 years. thanks but no thanks.

with the tumble dryer, have a read of the below;
https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product

i'd be back in touch with Hotpoint and asking them to highlight in the t's&c's where it's normal operation for that tumble dryer to randomly not tumble dry. 2 faults in the first 6 months - that should be going back and a full refund issued.

edit: consumer rights act 2015 (replaced sale of goods act)
https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act ('condensed' version)
 
The problem with the table angle is they use solid wood etc to mean its made completely of wood.
You ideally dont want a solid single piece of wood, its far more likely to have issues than in effect manufactured wood.

Normally cracking comes from losing moisture in wood. If the wood is too new on manufcature it will shrink when it looses water, its why good wood is aged, or at least kiln dried to take the moisture content to an acceptable level.

Log cabins grow/shrink by a fair amount seasonally. So much so the advice differs slightly on when you put them up as to the state of the wood.

Tumble drier sounds unaceptable, its failing on the main purpose of it so by default its failing to meet the required standards, unless the paperwork says its a possible issue and you had the opportunity to, or were advised of this at point of sale.
 
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With tumble dryer you gave them one attempt to fix it they didn't so they should replace or refund.

They have admitted fault by attempting a fix.

There argument is that is was "once working", which it hasn't. I have to get an engineer round again and only he can declare it not fit for further purpose.. but he should write the thing off after three repairs inside a year.
 
i'm pretty sure if it was mis-sold then you are legally entitled to a full refund. i assume the description was solid oak? in which case if it came with a non-oak veneer that should be a clear case of mis-selling. i personally wouldn't have accepted either of the options you were offered - you've in effect rented a table of them for ~250 quid for 2 years. thanks but no thanks.

with the tumble dryer, have a read of the below;
https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product

i'd be back in touch with Hotpoint and asking them to highlight in the t's&c's where it's normal operation for that tumble dryer to randomly not tumble dry. 2 faults in the first 6 months - that should be going back and a full refund issued.

edit: consumer rights act 2015 (replaced sale of goods act)
https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act ('condensed' version)

That's actually very useful. Cheers.
 
There argument is that is was "once working", which it hasn't. I have to get an engineer round again and only he can declare it not fit for further purpose.. but he should write the thing off after three repairs inside a year.

How old is it again sorry? Their argument doesn't matter and isn't valid. If they have sent someone to repair it they have admitted fault as far as I can't we.

Edit: Thekwango has the right idea and link is perfe t for your situation
 
That's actually very useful. Cheers.
no worries, just on the table - oak cracking is not unexpected but it should have been highlighted/advised in the t's&c's at the time of purchase that it can occur (especially in an extremely dry/damp home) - incidentally were you advised to 'oil' it regularly - guessing not if it had a veneer? solid oak tables need a lot (relatively speaking) of tlc.

fwiw a solid oak table with naturally formed cracks is actually rather nice looking imo as it gives it a lovely rustic look - though i guess it depends on the 'surroundings'

re the dryer, i maybe wasn't clear in my original post - don't waste anymore time or energy on it. quote the CRA 2015 to them and tell them to get it shifted and replaced with a new unit or a full refund. there's nothing else to be discussed with them on it really.
 
How old is it again sorry? Their argument doesn't matter and isn't valid. If they have sent someone to repair it they have admitted fault as far as I can't we.

Edit: Thekwango has the right idea and link is perfe t for your situation
after 30 days the retailer has the right to attempt 1 repair, admission of fault is kind of irrelevant. a second repair within a 6 month period for the same fault (it might even be any 2nd fault - i'd need to refresh my own memory on that) and the buyer has the right to reject it.
the below quotes perfectly cover the op's tumble dryer.
If you're outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.
If you've owned the item for less than six months, the retailer must give you a full refund if an attempt at a repair or replacement is unsuccessful.
got laugh though at the Hotpoint engineers claim that it randomly not drying clothes is normal. that immediately makes the product not fit for purpose - a tumble dryer that doesn't tumble dry.....ummmm ok!

@Admiral Huddy by any chance are you a bit vacant looking and maybe the engineer thought he could bluff it with that statement :p
sort of similar.......we once bought fitted blinds for the kitchen that sagged in the middle within a week of being installed and couldn't be operated without being pushed up in the middle. company sent the fitter back round and he told the wife this was normal and they just forgot to leave the 'pole' for pushing the middle bit up.....oh really!? she 'ninja' text me without him twigging on stalled him till i arrived. he then changed his story to 'yea mate you shouldn't have bought this type, your window is too wide'.....he then just stood with his mouth open looking at me when i reminded him that it was he who advised on that particular blind for that size of a window!
 
@Thekwango I am not sure on the legal standpoint it was more of a how can they claim it's not faulty if they have attempted to repair it several times.

You are 100% right on what you are saying though.

Hadnt even considered that not for purpose side of things :D:rolleyes:
 
Thought i'd post an update.

So an engineer came out today and verified a fault with the pump which caused water residue on the circuitary.

He gave me two Options.
Options 1. Refuse the repair proclaiming my lack of confidence in the machine. That way I could go back to hotpoint and ask them to take this further. or 2. Get teh machine repaired but that's stating that the machine is ok and that's the end of it.

I choice to decline the repair. On calling Hotpoint, they had the engineers report on record and offered a brand new replacement or a full refund but this needed to be dealt with by the retailer. So i have to go to Currys armed with their reference so they can claim the costs from Hotpoint. That's going to be interesting.

It seems to me that the manufacturers and retailers know the laws but are fully prepared to push the boundaries.
 
Thought i'd post an update.

So an engineer came out today and verified a fault with the pump which caused water residue on the circuitary.

He gave me two Options.
Options 1. Refuse the repair proclaiming my lack of confidence in the machine. That way I could go back to hotpoint and ask them to take this further. or 2. Get teh machine repaired but that's stating that the machine is ok and that's the end of it.

I choice to decline the repair. On calling Hotpoint, they had the engineers report on record and offered a brand new replacement or a full refund but this needed to be dealt with by the retailer. So i have to go to Currys armed with their reference so they can claim the costs from Hotpoint. That's going to be interesting.

It seems to me that the manufacturers and retailers know the laws but are fully prepared to push the boundaries.

They really do take it to the line, they will get away with it enough for it to make sense for them to do that.

I have had it with a number of manufacturers or retailers, I just politely tell them they are wrong (it's not the CS agents fault after all they are just doing as told) they follow the actual rules.
 
ahh I got to the store.. They rang Hotpoint, the refund was declined.. They had no recollection of the phone call or reference number I gave them. After 45 mins on the phone to Hotpoint, it was left with their customer service dept and I was promised a phone call back before 6pm.. I told them on the phone that if I were a betting man, I won't get that call.. I didn't get the call.
 
Any chance the dryer was bought on a credit card? If you've documented your contact with Hotpoint (got reference number) and date of calls and noted your trip to the store to try to get the issue resolved you could try claiming the refund on your credit card using Section 75. Repairs have failed and the refund was offered but now dragging their heels, get the credit card issuer involved. Product not fit for purpose.
 
Just come off the phone to them.. Basically it's being rejected because the unit was delivered in working order and after the 2 repairs.

Contacting the credit card company will be my next step. Cheers Steeps.
 
Your contract of sale isn't with Hotpoint. You should have insisted in the shop that you wont accept anything but your money back.
 
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