Needs new motor but will take 5 weeks can we get refund?

[seanlmn]

Hi there, just looking for some advice really.

Bought a brand new hotpoint washing machine from Very, 2 months in and it breaks down showing the error code F05. An engineer was sent, and said we need a new power module/motor. I understand that appliances such as this that break down within the first 6 months are deemed to have been faulty at sale, so we contacted Very and Hotpoint and both did not want to take responsibility.

Hotpoint later said we may qualify for a replacement machine, but in the mean time they wanted to fix the problem. We agreed to this, only to be told it will be 5 weeks till they could fix it! Today was the day off the fix. Engineer came, replaced the part, and left, did not test the machine. First wash on and we have the error F05 again! We are a family of 4, 2 very elderly and you can imagine 5 weeks without your own washing machine is not easy, and we do not want to go through that again. I do not know what to do right now, I genuinely have no faith in hotpoint. I guess I am just asking for advice on where I stand now before getting back in touch with them, if my standing has changed at all?

Any help is appreciated.

[Whitegoodshelp (Andy)]

Hello, I would say you have a very strong case against the retailer under the sale of goods act. Accepting the repair doesn't alter your rights.

You bought a new washing machine, which failed after 2 months (meaning that unless the retailer can prove otherwise it was sold with an inherent fault and was faulty when sold) but they persuaded you to accept a repair, which should be done within a reasonable time. Not only was it an unreasonably long time to be without a new washing machine but the repair completely failed, leaving you in exactly the same situation you were 5 weeks ago but with no confidence in the repairer. I would tell the retailer that they sold you a faulty appliance, and it could not be repaired within a reasonable time so you want a replacement. The manufacturer may or may not authorise a replacement. You could try asking the manufacturer, and they may even agree, but if not you have to accept whatever they say because they aren't obliged to do anything except carry out repairs under the warranty. Only the retailer is liable. Sadly though the retailer usually just asks the manufacturer to replace it and if they refuse to (which they often do) the retailer just fobs the customer off saying there's nothing they can do - which is often completely untrue as described here - Out of guarantee – even by a long time doesn’t always mean you should pay

Related: Is manufacturer or retailer responsible for faulty appliances?

[seanlmn]

Thank you for the quick reply and helpful words.

I also called customer rights and they agreed with you in having a strong case, so we will be pursuing the retailer over this matter.

But I would appreciate your opinion on one last thing. Hotpoint having failed the repair after 5 weeks have said they will put us to

the top of their priority list, but are still looking at another 3-4 weeks for repair! Do I have any power in speeding this up? Or is it more

a thing off, deemed unacceptable but nothing I can do about it?

Thanks again

[Whitegoodshelp (Andy)]

If you want to pursue an exchange you can use the fact that even on Hotpoint's priority list they are still quoting 3-4 weeks as a solid reason why enough is enough and you need it exchanging asap. Any good retailer, knowing they sold a washing machine which has broken down so soon and therefore breached the sale of goods act, and you've had to wait 5 weeks without it only to find the repair failed and you have to wait another 3-4 weeks to get it running should be bending over backwards to get it exchanged for you asap. If they are unwilling to exchange it in such circumstances you should certainly never buy from them again.

Potentially the retailer could drag their feet and delay things hoping that eventually Hotpoint will tell you they have the part and you may decide to accept a repair out of desperation. You need to decide whether you just want a working machine as soon as possible, or you want to reject this one and do not want it repaired. If the former, keep pressing Hotpoint but they presumably don;t have the part or they could surely do it quicker. If the latter you would need to contact the retailer and tell them you reject the machine and want it replacing.