Indersit Machine Drum Bearings failing after 26 Months Unrepairable- REPAIRED

[Mr-Pieman]

Hi everyone,

we purchased an Indersit Washing Machine (IWE 91281 ECO) from Currys in 11/2012 the machine is now only 26 Months old and its starting to make quite a racket. If you turn the drum by hand you can hear a constant rumble the bearings are basically shot.

 

The machine cost approximately £270 and we opted for the 9kg machine to cut down on loads. I was quite prepared to change the bearings myself until I realised its a sealed drum you have to replace the whole drum.

 

I just called Indersit directly and I'm completely disgusted by their sales staff I was very pleasant and not aggressive in the slightest I simply asked how much to fix it.

 

Basically I was given 2 options

 

1. Pay £109 callout plus parts approximately £150 so £250

 

2. Pay a Monthly fee of £15.49 for a year they will replace if they cannot fix it. (£186)

 

I asked to be emailed the quote they are unable to do this I then said can I think about it to which I was told "What is there to think about? " I hung up at this point. Seriously this is disgusting.

 

So the machine is basically financially none viable to repair for a £8 set of bearings. To put that in context its like scrapping your £10,000 car for a £300 repair bill after 2 years.

 

Do I have any recourse with Curry's as this is not right at all? I have the receipt.

 

Thanks

 

Mr P

[BankFodder]

This is fairly straightforward.

Please read up on Sale of Goods and also on small claims in the county court.

I'm using a phone right now.

Please monitor this thread for a full respond tomorrow

[firstship]

For sure Curry's have a problem understanding SOGA from many other threads,but as Bank Fodder states you are covered by SOGA,in my opinion do not mess around with the Curry's Branch,contact their CEO by email and at the same time contact "marco.milani@indesit.com" who is the CEO of Indesit,done this myself in the distant past with Hotpoint who have same CEO marco milani, it worked

 

Good Luck

FS

[Mr-Pieman]

Thanks All,

just Googled Currys looks like "sebastian.james@currys.co.uk" would be a start for contacting Currys.

 

I agree 100% its a waste of time contacting the branch I will just get the big fob off. As you say if I get Indersit involved from the start and Currys CEO I stand half a chance of getting an amicable solution. Both parties are responsible really for marketing and designing a appliance that is basically scrap after failure of a simple bearing. When I phone Indersit they confirmed that you cannot replace the bearing you have to replace the drum. They also stated that I would be unable to get the machine fixed any cheaper through any third party.

 

The problem today is 95% of people never quibble if the appliance breaks after the "Warranty Period". I would be perfectly happy if the retailer refunded me 66% (-2 years use) of the appliance or even fixed it. I think Indersit's reaction/solution is particularly shocking as are their sales techniques all of which I will be including in my email to Currys/Indersit.

 

Thanks I'm off to look up SOGA.

 

Mr-P

[firstship]

Good Luck,I think you will find you will end up with a free repair

 

FS

[BankFodder]

If you have done the reading which I suggested yesterday, you will have discovered that in the Sale of Goods Act at section 14, it provides that goods which you buy must be of satisfactory quality. This means that they must be of the kind of quality that would be expected by a reasonable consumer and they have to remain in that condition for a a reasonable period of time.

 

If you have spent £270 on a washing machine which develops a fault which is so serious that it can be said that the machine is beyond economical repair, after only two years, then it seems to me that this machine is not of satisfactory quality.

 

To give you some idea of the kind of tests you might want to apply, you could ask – if Currys were to advertise the machine and inform people they would last for two years after which time it would have to be replaced, with they sell any of them?

 

If Currys advertised the machine for £270 and told people that this meant that they would only be paying £135 per year to get their washing done before they had to splash out on another machine, with they sell any?

 

I'm quite sure that the answer in both cases would be no. In fact if the manufacturers routinely produced machines of that kind of quality, they would very quickly go out of business.

 

The situation is really quite straightforward. The only problem is with Currys who are bullies and who are setting out to shortchange you and other customers by denying you your consumer rights. Quite frankly this kind of behaviour from Currys should be made illegal because refusing to honour your statutory rights is the same as dishonestly obtaining a pecuniary advantage. If they came up in front of a jury at a criminal trial, I have no doubt that they would be a verdict against them.

 

I think that to get this sorted out, you will probably have to do start a small claim in the County Court. Your chances of winning are much better than 90%. Currys have their own in-house solicitors called DSG. In my experience, they will take you to the point where you have issued the court papers and then once you do that they will try to settle to avoid the court action.

 

However, your situation is so strong that if I were you I would not settle for anything less than the entire amount needed either to carry out the repair or to replace the machine. One thing that you need to bear in mind though is that you have had two years use of machine and it could be that Currys will eventually offer you only a portion of the value of a new machine. It will then be for you to negotiate with them as to what the expected life of the machine should be. I think that you should probably reckon on about eight years and you have had two years use. Therefore if it is decided to give you a refund, you should be prepared to accept the full cost of a replacement machine less 25% to represent the two years of the eight. If you are able to argue that the machine would normally last for 10 years, then your two year reduction in value will be less. It will be up to you and how much you can negotiate.

 

I suggest that you don't get involved in any protracted correspondence with Currys. This is what they want you to do. They will try to draw it out and also DSG will try to draw it out.

 

I think that you just set out in detail exactly what the situation is, the fact that it is clear from their own costings that the machine is beyond economical repair because the cost of the repair is equal to or more than the cost of the new machine and your one is already second-hand.

 

Tell them that if you don't have a replacement machine of equivalent quality and value within 14 days that you will sue them in the County Court. Don't make this threat unless you intend to carry it out. There is no point in bluffing. All of these big companies get bucket loads of legal threats from their customers every week and hardly any of their customers then go ahead to carry out their threat. The only time that Currys will sit up and take notice is once the court papers come through the door.

If you decide to do this, then we will help you produce the claim form. It will be very basic and very easy. However, you need to read up a bit on some of our County Court small claims guides to get an idea of what you're doing. This should be so easy that you will find it interesting to do and not at all scary. You will learn from it and then you will be in a more confident position to sue other people in the future if you need to do it.

[Mr-Pieman]

Hi BF,

thank you very much for your information.

 

Just a few question should I email DSG and Indersit "sebastian.james@currys.c o.uk" "marco.milani@indesit.com" rather than write?

 

Lay out clearly the facts and the solution give them 14 days to organise a repair/replacement

 

Then send a letter before action to DSG giving them 14 days

 

DSG Retail Ltd, Maylands Avenue, Hemel Hempstead, HP2 7TG

 

Then issue a claim against DSG probably using MCOL (£25) For the cost of the machine probably -25%.

 

Just a really rough draft here

 

 

1. The Defendant was at all material times a retailer of goods in the course of a business.

 

2. On or about the BLAH November 2012 the Claimant purchased from the Defendant the following goods, namely Indersit Washing Machine IWE 91281 ECO.

 

3. At the time of the said purchase the Claimant expressly and/or by implication made known to the Defendant that the said goods were bought for the following purpose, namely: The washing of clothes in a domestic environment.

 

4. In the premises it was an implied term of the contract of sale pursuant to section 14 of the Sale of Goods Act 1979 (as amended) that the goods would be reasonably fit for the said purpose.

 

5. Further or in the alternative it was an implied term of the contract that the said goods would be of satisfactory quality.

 

6. In breach of the said term or terms the said goods were not fit for the purpose set out in paragraph 3 hereof and/or were not of satisfactory quality.

 

Particulars

The Claimant contacted the Defendant to repair or replace the goods after a fault developed under Sale of Goods Act 1979 (as amended) S.48B (1). The Defendant refused to repair/replace said goods. The Defendant stated that the cost of rectifying the fault is beyond economic repair.

 

7. By reason of the matters aforesaid the Claimant has suffered loss and damage.

Particulars

The Claimant needs to purchase new goods to replace the goods (2) to perform the purpose (3). Under "The Sale of Goods Act 1979" (as amended) S.48C (2) the Claimant claims 75% of the original purchase price (£269.99) after the Defendant failed to comply with "The Sale of Goods Act 1979" (as amended) S.48B (1) .

The Claimant believes that the goods should last a period of no less than 8 years and a reduction of the cost for the 2 years use (-25%) is fair.

 

Something like that

 

Mr P

[Mr-Pieman]

Okay email/letter ready for sending please see below

 

Dear Sirs,

On the 11th November 2012 I purchased an Indesit Washing Machine IWE 91281 ECO from one of your Currys Stores. Recently I have noticed excessive noise generated from the machine during a wash cycle and extreme noise during spinning. This has been diagnosed as the main drum bearings failing. I would just like to give you some background on the problem.

 

On the 17th March 2015 I contacted Indesit Service by telephone. I informed a gentlemen on your service desk of the problem he stated after taking some information that I had 2 options.

 

1. Pay for the callout fee of £109 and pay for the drum £150 = £259

 

2 Pay for Indesit Repair and Protect £15.49 for 12 months = £186

 

I requested these quotes in the form of an email I was told that this was not possible. I then requested that I be allowed to think about it. Your employee told me “What is there to think about?” “Do you not want your washing machine fixed?” I find this behaviour to be disgusting. I then hung up under no circumstances will I be spoken to in this manner. I suggest you speak to your employee about their attitude.

 

The Indesit service desk confirmed that the bearing on the drum cannot be replaced without the drum assembly and also this is an expensive fix almost 100% of the value of the machine. Even without the drum the callout would be nearly 50% the value of the machine.

 

When I purchased the machine from your Currys store I was not lead to believe the machine would last just over 2 years. I was also not informed that the machine after the failure of a very simple inexpensive mechanical part would be rendered scrap. As the bearings are a none serviceable/replaceable part of the expensive drum assembly this cannot be classed as wear and tear the bearings should last the life of the drum and visa versa.

 

I therefore wish to state under “The Sale of Goods Act 1979 (as amended) S14 that the goods you sold me were not fit for purpose and were not of satisfactory quality. I therefore give Currys/ DSG Limited notice that I wish the goods to be either repaired or replaced under S48B(1) within 14 days of this message. If you feel that the repair cost is disproportionate or a replacement is impossible. I will also accept a return of the purchase price under S48C(2) with a reduction due to 26 months use. If you wish to discuss this matter please respond to this message.

 

If I don’t receive a satisfactory response or no response at all I will send a copy of this letter in addition to a “Letter Before Action” giving an additional 14 days when I will issue a claim against DSG Limited at the above address. I hope this action will not be necessary and further expense will not be incurred to either party.

 

I look forward to your comments. I would be grateful if you can reply in writing only please to the above address.

 

Yours faithfully,

 

Mr P

[BankFodder]

Why 14 + 14?

 

It's up to you but they don't need more than 14 days.

 

Your suggested POC is a bit woffley.

[BankFodder]

 

1. The claimant bought an Indesit washing machine from the defendant for £270 on xxx date invoice number XXX.
   
2. By XXX date the washing machine had developed a serious fault which would cost £XXX to repair by the defendants own reckoning.
   
3. The washing machine is not of satisfactory quality but despite this the defendants have refused to honour their obligations under the Sale of Goods Act.
   
4. On the basis of the defendants own estimate, the washing machine is beyond economical repair.
   
5. The claimant seeks damages of £270 less a reduction for two years – 20% of the new value of the washing machine – total £216.
   

I don't think you need anything more formal than this. No need for the puffed up strutting stuff. You're not a lawyer and it's best really just to present the case as simply as possible.

 

If you have had additional expenses such as the cost of removing the old washing machine then include those as a separate paragraph.

 

I've already made the reduction on the basis of a 10 year lifespan of the machine. This pre-empts any attempt by Currys to say that you are trying to take advantage of the situation.

 

They might try to negotiate you down to 8 years. If I were you I would stick to your guns. If this goes before a judge then I would expect that the judge will be very appreciative that you have been so reasonable in recognising that you have had two years use and that you are not entitled to the full replacement value.

 

I expect the DSG will back down after they have pouted and huffed and puffed.

 

Keep us informed every step of the way and also any correspondence you get from DSG. If they try to send you correspondence under a cover of confidence, don't worry about it. That is also huff and puff and bluff. A few porkies is their way of doing business. You will find that they will do anything and spend any amount of money to prevent you benefiting from your rights under the consumer legislation.

 

I suppose they think that now that Comet warehouse has disappeared from the high Street because of their poor customer service, that they don't need to worry any more.

[Mr-Pieman]

Thanks very much BankFodder,

concise, elegant and to the point brilliant. The only change would be it was the manufacturer who quoted the large sums (Indesit Service).

 

You are bang on to be honest why give them 28 days I will email the letter to to the manufacturer and DSG and send it by post to DSG also.

 

Tweaked the letter to include "Letter before action" and Pre-action conduct paragraph.

 

Many thanks again I will update as required.

 

Mr-P

[BankFodder]

I'm sorry but I think that your letter before action is too vague as well.

 

At the very least, I don't think that you should ask them for their comments. The letter before action is essentially a threat. You don't say "I'm going to huff and puff and blow your house down unless you do XXX" and then say have you got any comments before I do it? You simply say this is what I want, this is when I want it by and this is what is going to happen if I don't get what I want by the time I want it.

 

Your letter is offering them some alternatives. It is far too vague. And then finally you are inviting comments.

 

What happens if they accept your invitation to make comment. Do you then stay your threat – and if so for how long? And on what basis do you revive the threat? And do you give them another letter giving them another 14 days?

 

You simply write to them. You tell them what is happened. You tell them what you want. You give them 14 days after which you will send them the good news.

 

End of story

[Mr-Pieman]

Hi BF,

okay removed further fluff from the letter.

 

Removed invitation for comments . The letter now basically asks for a repair, replacement or partial refund as discussed all within 14 days or claim will be issued.

 

Am I correct in thinking I must ask for a repair or replacement as that's in the SOGA?

 

 

Thanks again

 

Mr-P

[BankFodder]

Yes, you could end your letter simply by saying that you will be in action in the County Court to force them to carry out their duties under the Sale of Goods Act and without further notice

[Mr-Pieman]

Hi BF,

well that was a result I just had a phone call from Indesit they have agreed as a gesture of goodwill to fix the machine for free.

 

They also said they would look into how the sales call was conducted as they are recorded.

 

I will update when the machine is fixed. Do they look at these forums?

 

Thanks

 

Mr-P

[firstship]

Sounds like a result, hope all goes well with the repair,YES they look at these forums.

 

FS

[Mr-Pieman]

Just to tie this thread up and to thank everyone.

 

Machine repaired, quite as a mouse (1200rpm one).

 

Thanks again

 

Mr P

[BankFodder]

Well done

[citizenB]

Excellent result, swift as well. I wonder if one or both of them were monitoring this thread?

[Mr-Pieman]

Hi CB,

yes it does make me wonder

 

Thanks

Mr P

[jack12345]

hi all, strangely enough I came across this thread looking bearings for the same machine having the same problems also brought from currys! only difference being I brought my machine on 03/09/2012, do you think it would be worth me also pursuing the same channels obviously my machine is slightly older but surly you should get a longer life from these machines. sorry if hijacking the thread. thanks

[Mr-Pieman]

Hi Jack,

I would definitely try. You have to be prepared to follow up with your letter however as generally Currys don't give in until they get a court claim.

 

At the end of the day the machine should last longer than 2 1/2 years.

 

Start your own thread in the forum you will get lots of help.

 

Mr P

[Sineadkey2006]

Hello all,

I'm having the same problem with the same washing machine.

 

I have drafted up an email to send however the email address 'marco.milani@indesit.com' isn't available to send an email to. I have tried and I received an automated email to inform that that email is no longer in use.

Does any one know how I go about getting the correct one please?

 

Kind regards, Sinead.