Ignorance of consumer rights relating to washing machines causes much confusion. Many washing machine owners either fail to insist on their consumer rights, or conversely have an inflated opinion of the extent of their rights. This can put them into stressful conflict with the company they bought their washing machine from, or with their washing machine repairer. This section aims to clarify our rights as consumers.

Buying and repairing washing machines - your rights (1)

• I don't want my washing machine repaired - I want it exchanged
• More consumer advice - washing machine repairs (part 2)
  1. My repair company say I must wait in all day for their engineer, can they do this ?
  2. My washing machine is under guarantee, but my repair company say they will charge me if their engineer can't find any fault. Can they do that?

• More consumer advice - washing machine repairs (part 3)
  1. My repair company only gives a 3 month guarantee on repairs. Is this reasonable / Challengeable?
  2. If I take time off work and an engineer doesn't turn up, can I claim compensation?
  3. My (under guarantee) washing machine repair company can't send an engineer until next Wednesday and it's Thursday - can they do this?
  4. The repair company say the washing machine fault is not covered under the guarantee and I have to pay

• More consumer advice - washing machine repairs (part 4)
  1. My washing machine is now out of guarantee, but I don't think I should have to pay for a repair

• More consumer advice - washing machine repairs (part 5)
  1. If I buy a washing machine online, what are my rights?
  2. I bought a second hand washing machine from a trader, what are my rights?
  3. I bought a second hand washing machine in a private sale, what are my rights?
  4. I want to claim compensation from the repair company or the washing machine seller
  5. I've read all the consumer advice about washing machines, I'm thinking of taking them to court
  6. The company I bought my washing machine from has gone out of business, what are my rights?

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I don't want my washing machine repaired - I want it exchanged

This is a common demand, which causes conflict between washing machine owners and washing machine sellers. If a washing machine breaks down soon after purchase, or suffers more than one fault, many customers believe they are entitled to refuse an engineer and demand an exchange. However, this is not always the case. 

First: Is the washing machine really faulty?

Here are a few examples of faults I've found when customers have demanded a new washing machine (sometimes aggressively) instead of a repair -

• Washing machine siphoning due to drain pipe being too low (installation fault)
• Leaks from fill hoses or plumbing (installation fault)
• Washing machine bouncing about due to transit packing not being removed (installation fault)
• Not using the washing machine according to manufacturer's instructions ( never read instruction book )
• Leaking from the soap dispenser due to a build up of un-dissolved detergent, or use of a detergent tablet (causing blockage)
• No water coming into the washing machine caused by a kinked fill hose or faulty plumbing (installation fault)
• Banging on spin, or not spinning at all due to an out of balance load out of balance detection on modern washing machines
• Not emptying water (due to blockage in pump)
• Flooded kitchen because coins left inside pockets have been punched through the plastic outer tub by the spinning inner drum causing washing machine to need extensive major repairs
  • Related useful information List of common washing machine faults and DIY advice

As you can see, there are many faults that turn out not to be the washing machine's fault after all, so an engineer must be allowed to inspect the washing machine. [ Related advice - The repair company say the washing machine fault is not covered under the guarantee and I have to pay ]

But what if the washing machine IS faulty, can I insist on an exchange?

If the washing machine is genuinely faulty you can request your money back if you stop using it and reject it, "within a reasonable time". The problem is that what's reasonable to you is sometimes different to what is reasonable to the retailer. If the fault hasn't occurred almost immediately it could be a disagreement that can only be resolved by a small claims court.

Whether routinely rejecting a washing machine if any fault is found is a good idea or not is also debatable. If a washing machine breaks down the first time you use it (or within a short time of buying it) it's common to instinctively want to reject it. As customers, we sometimes appear to undergo a psychological rejection of goods, which is not based on any logic. It's almost as if the washing machine is cursed, and doomed to constant failure, so it must be got rid of. Try not to lose sight of the fact that any product can develop a fault, but it doesn't mean there is something seriously wrong with it and that it will never stop breaking down. Bear in mind that a minor repair may be considerably more convenient for all concerned including yourself. A retailer can insist on a repair if the fault is minor or they can show that replacing it is disproportionately more expensive than a repair.

What if I accept a repair but then the washing machine breaks down again?

The concern here is that if you are reasonable, and give them a chance to fix the washing machine, it could backfire on you if at a later date if you try to get an exchange because of further problems. Consumer law allows for you to accept a repair, but on condition that if the repair fails, or takes an unreasonable time to complete you will still reject the washing machine. Also, if you suffer repeated faults, or a major fault, you may be entitled to a replacement or proportionate compensation.

You can reject a washing machine within the first 6 months

A new amendment to consumer law in 2002 shifts the burden of proof of fault from the consumer to the seller within the first 6 months. This means if a fault occurs within 6 months, it is automatically assumed that the goods were "inherently faulty" unless the seller can prove otherwise. This is saying that if a new part can't last a mere 6 months, it must have been faulty (or of sub-standard quality) when it was fitted to the washing machine.

You can request a replacement, or you may be able to get a partial refund, which takes into account the fact that you've had some use from it. (A possible counter-argument to that could be any significant inconvenience caused by breakdowns in this time) An example of this could be if your washing machine works fine after purchase, but 5 months later the motor, or main PCB fails. You could argue that under the sales of goods act, this part must have been sub-standard or with fault when it was sold. Therefore you can reject the washing machine and negotiate a refund (taking into account you have had 5 good months of washing from it.) It is possible for the seller to argue that the cost of replacing the washing machine is disproportionate to the cost of repair and insist on a repair - especially with a minor fault. This highlights the apparent contradictions in consumer rights, which at times, only a court can decide on.

[Related link: Sale of Goods Act, Faulty Goods ]

Summary

• If your washing machine appears to be faulty, don't forget that the fault could be minor, and fixed in minutes, or it could even turn out to be something caused by you or the installer. Check the troubleshooting guide at the back of the instruction book, which is usually entitled something like, "before calling out an engineer".
• You can accept a repair on the condition that you will still reject the faulty goods if the repair is not effective. This should not affect your rights
• An engineer must always inspect the washing machine. No one is likely to authorise a replacement over the phone.
• The seller can refuse to replace the washing machine if they can show that doing so is "disproportionately costly in comparison with the alternative". However, any remedy must also be completed "without significant inconvenience to the consumer". You could try arguing that being without a washing machine for several days or more (if relevant) while waiting for a part is significantly inconvenient to you.
• Remember the saying, "better the devil you know". There's no guarantee a replacement wouldn't breakdown or be faulty on delivery - or even damaged, so don't get emotionally attached to the idea that a replacement is the answer to all problems. Consider whether all the inconvenience and hassle (to yourself as well as the seller) associated with having a large appliance like a washing machine replaced is really worth it if all that is wrong is a loose connection.
• You may still be entitled claim compensation or a repair if your washing machine constantly breaks down or suffers a major fault up to 6 years from purchase (5 in Scotland).
• Be prepared to stand your ground if you are entitled to a replacement washing machine and this is what you want
• With washing machines already a few years old, a buyer cannot expect to hold the seller responsible for fair wear and tear. A washing machine can't be expected to never break down. In order to use the consumer legislation, there needs to be a fault that was present on the day you bought it - even if it only became apparent later on, or a lack of durability that suggests the goods were not of satisfactory quality to start with.
  • RELATED: You can claim compensation up to six years after discovering an "inherent" fault on your washing machine (five years in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement) [ More info: My washing machine is now out of guarantee, but I don't think I should have to pay for a repair ]

Finally: I think we need to be aware of, and insist on, our consumer rights more often. But, we should also try to stay balanced and reasonable. Personally, I regret the common modern consumer's attitude (that we are all guilty of to a greater or lesser degree) where the (often) knee-jerk reaction to anything breaking down is to reject it and get rid of it as if it's cursed. However, many people do receive poor service, and can be railroaded into accepting a repair when they may be entitled to a replacement washing machine.

People are often extremely inconvenienced by new washing machine breakdowns, and they often receive extremely poor service from the repairers (under guarantee) because they are "captive customers" who can't go anywhere else. More compensation should be paid to consumers who have received very poor service and who may have been without a washing machine for weeks, or had to use up valuable holidays to wait in for a repairman. On the other hand, sellers and repairers often get messed about by customers, who fail to be present for appointments, can be abusive, and call them out for problems that are customer-caused or installation faults. As a goodwill gesture, the retailer or repairers seldom charge the customer when they have a right too. One possible consequence of many more consumers demanding compensation could be that the washing machine sellers and manufacturers stop giving this goodwill, and charge customers when the "fault" turns out to be customer caused or an installation fault. They could even start billing for when their engineer turns up and the customer is out, which happens very often.

Hopefully, common sense will prevail. As a consumer myself, all I want, is my rights, what I'm entitled to - nothing more and nothing less.

Check out the free (official) advice from consumer groups that I have researched below.

[ Related external links: to open in a separate window (and keep your place on Washerhelp) hold down shift while clicking, or right click the link and select "open in new window" or "tab" ]

• Which? outlines the new rules regarding extended warranties (If you've unwittingly purchased faulty goods, the chances are you're entitled to some kind of compensation. Which? reveals your rights - and how long they last)
• Rejecting faulty goods - (Government Consumer Direct site)
• Your rights, buying goods guide - (Free downloadable (pdf) booklet from Citizens Advice Bureau)
• Guarantees - (Free downloadable (pdf) booklet from Citizens Advice Bureau)
• Shedding light on your statutory rights (Which?)
• Buying goods, your rights Eng Wales & N. Ireland - (Trading Standards website)
• Buying goods in Scotland - your rights - (Trading Standards website)
• Services - your rights - (Free downloadable (pdf) booklet from Citizens Advice Bureau)
• Your legal rights when you buy services - (Citizens advice bureau site)
• Faulty goods and services on credit - (Citizens advice Bureau site)
• Your rights when shopping - buying goods - (Office Of Fair Trading site)
• Is the Trader Right? - (Office Of Fair Trading site)
• Goods - how to solve your problems - (Office Of Fair Trading site)
• Supply of services - (BBC consumer guides site)
• Your rights - goods - (BBC consumer guides site)
• The Law Relating to the Supply of Goods and Services - A TRADER'S GUIDE: - (DTI (pdf) guide - for traders, which is very useful to see because it's what the sellers are told)

Other related advice: Which are the most reliable and the least reliable brands of washing machine? | Which is the best washing machine to buy?

Have you got a case, or experience that may help others?

Ask advice on and discuss consumer issues related to washing machines and washing machine repairs. If you have direct experience of a dispute, let us know about the case and how it turned out. Washerhelp's Consumer issues forum

All information is meant to be fair and balanced. All advice is given in good faith and without liability, and is meant as a general guideline only. With consumer issues, always double check advice using the free Government & consumer group's literature as well.