can i get a refund for this washing machine?

[vw_golf_nutter]

hi all,

I bought an Indesit washing machine through Argos on 3rd April 2013. I did this over the phone and paid via credit card. The washing machine was delivered direct from the manufacturer about a week later. At no point did I receive a receipt although it shows on my credit card statement.

The washing machine stopped working on Saturday. It is about 3 weeks old and smelt of burning and the drum was not going round.

I called the Indesit warranty line and they said they will come out to have a look but if it needs new parts or a repair it will need to be sent off or parts ordered which will mean I will be without the machine for a length of time.

I bought a new machine when I moved to save lugging the old one with me and I have kids so need this to be working, I generally do a load everyday and have already been without it for 5 days. indesit are due on Friday but did warn me that if it is not the product at fault they would charge £55 callout!! Not really sure what they mean by that as its not working!

 

Anyway, Im quite dissapointed with it, not only has it broken within 3 weeks but its quite noisy and takes a long time cycling and Im not happy with it.

Can I return it as not fit for purpose under the sale of goods act?

Do i ring Argos and ask them to arrange collection as it came direct from the manufacturer?

Not sure what I can do.

Thanks

[Last Of The Time Lords]

Leave Indesit out of it. Approach Argos and tell them you want them to sort it. THEY must repair, refund or replace. There is an EU directive (number escapes me) that means you should give the seller chance to repair rather than demanding a refund or replacement but I understand that kicks in after 30 days or so from delivery to you so within that you could ask for a replacement or refund.

 

If they refuse and refer you to Indesit, tell them NO. You can go to court and win easily in these circumstances (assuming the fault isn't due to some negligent act/misuse). The option the seller takes must not inconvenience the buyer so I think replacement is on the cards. Take them to the small claims court if they don't budge.

[vw_golf_nutter]

so if i call argos tomorrow i say there is a problem with it and THEY have to sort out fixing it? The thing is, if its going to take a week or 2 to fix it its costing me a fortune down the launderette and im not prepared to be without one for that long. In that instance can I not demand they refund me?

[Last Of The Time Lords]

The seller cannot cause inconvenience to the buyer and if they do not budge in the shop, you must negotiate via letter or email and tell them you intend to take court action. If they still don't budge, you can take action. You can claim for damages in court due to launderette fees for example. I would insist on a replacement machine as soon as possible.

 

http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm#Types_of_case_dealt_with_in_the_small_cl

[Last Of The Time Lords]

Also, if they say washing machines are excluded from the 30 day money back promise, tell them you don't doubt it for a minute but you aren't interested in their policy. You are exercising your statutory rights which cannot be excluded or restricted as per S.6 of UCTA.

[renegadeimp]

SOGA. Use it, love it. Regardless of what the seller says, you are covered for up to 6 years.

[vw_golf_nutter]

Just had a right nightmare. I called Indesit who were supposed to come tomorrow to give them my new mobile number, they said they have no appointment booked for tomorrow!! Earliest they can now come out is Monday! I then rang Argos and said im not happy, its full of water, i cant use it and I want a refund and they then had me on hold for 15 minutes while they cancelled the call out for Monday with Indesit and arranged for a collection of the old one and a new one to be delivered. I didnt bloody ask for that!!

I said to the guy I paid for a washing machine which was supposed to come with free fitting. Indesit refused to fit it last time because the pipes are old in my flat. I had to pay a plumber which cost me £54 and now Im going to have to pay a plumber to install the new one because Indesit will again refuse to fit it!! How is this fair?!?!

I am just livid. What would you do in this situation?

[renegadeimp]

Why are you dealing with indesit? You need to be talking to argos. It's their problem to liase with indesit, not yours.

[vw_golf_nutter]

I initially rang Indesit because on the door there is a sticker which says about a 5 yr warranty so I called to register the product when I got it and I rang the repair number when it broke. I didnt realize I needed to ring Argos to be honest.

[renegadeimp]

Argos sold you it, so its their problem.

[Last Of The Time Lords]

You must take the fight to Argos not Indesit (future recommendation is to spend a little more money and buy Bosch for example, Indesit are crap and I speak from retail experience of white goods).

 

You can either accept the replacement machine or ask for a refund. You must ascertain if Argos are refusing the refund remedy. They cannot do this when the goods are so new (a few weeks old here). Get something in writing either by recorded mail or email and you might have a case of recovering plumber costs in the small claims court alongside the refund should they not budge.

 

I say 'should' because their free installation may have terms of it's own for instances where there is great difficulty in installing it. Keep us informed and read the link I posted about small claims court.

[sprag]

Firstly, the eu directive is superceeded bu SOGA 1979 (AS AMMENDED). As your washing machine is under 6 month old, Argos or their nominated repair agent (indesit) are legally entitled to inspect the machine to determine the exact nature of the fault (this also rules out a non manufacturing fault-ie- objects in machine as this wouldnt be covered and does happen). If a manufacturing fault is confirmed (which it sounds it is in your case) a full refund or replacement can be requested under SOGA 'not fit for purpose'. Hope this helps!

[Last Of The Time Lords]

Just to clarify on my original post that mentioned the EU directive,

it's not the one that people mention often that gives extra years cover so to speak,

it is one that means you have to at least give the seller a chance to repair rather

than insisting on a refund or replacement but this only kicks in after 30 days I think (will have to do some digging).

 

It has probably been implemented into SOGA now anyway as the domestic legislation

does that as opposed to superseding EU Directives. EU law is supreme after all.

 

You definitely have a sound argument though.

[Givuzagame]

Would this still apply if they have carried out a repair they insisted on doing and it breaks again with same fault?