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Consumer Rights Act - What is unreasonably long amount time

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Enduro Numpty
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PostPosted: 12:08 - 11 Jan 2017    Post subject: Consumer Rights Act - What is unreasonably long amount time Reply with quote

A bit of context:

We bought a fairly expensive washing machine in late September.

27th December it ceased to function.

27th December, Wife went through the usual call centre misery and was, at the earliest opportunity diverted from retailer to manufacturer who after even more call centre misery, informed her that a service engineer would be in touch within 24 hours to arrange to assess the damage and order parts. They gave my wife engineers number.

28th December (27 hours later) and no phone call received. Wife phoned engineer and was told that they were in process of ordering parts (without assessing) and informed her they would be in touch.

6th January, Wife phoned engineer to be told parts hadn't arrived and they would call us when they received them.

10th January, Went back to retailer who then went through the same call centre misery to speak to someone relevant. We gave up after 2 hours and he told us he'd call us if he had made any progress. I really can't fault the manager at the shop - he seemed a genuine guy that tried his best to get a resolution. We never heard from him.

11th January (today), After much more call centre misery I received a phone call from manufacturers service department. Guy was full of apologies, left me a direct number to him and promised to get back to me as soon as he could figure out what the problem was. Assured me it would be resolved ASAP.

I've read a brief version of the Consumer Services Act 2015. It says that my rights are against the RETAILER. The washing machine is NOT FIT FOR PURPOSE as it doesn't work. Retailer can choose to repair or replace. If they choose either and the attempt at repair or replacement fails we have the right to up to 100% refund.

I am entitled to a full or partial refund instead of repair if any of the following are true:

The cost of the repair or replacement is disproportionate to the value of the goods or digital content.

A repair or replacement is impossible.

A REPAIR OR REPLACEMENT WOULD CAUSE YOU SIGNIFICANT INCONVENIENCE

THE REPAIR WOULD TAKE AN UNREASONABLY LONG AMOUNT OF TIME

Given that it's now a fortnight since it's been reported and we still don't have a working washing machine and no assurances of when we will have, WOULD THIS PERIOD BE CONSIDERED TO BE AN UNREASONABLY LONG AMOUNT OF TIME?

I appreciate this has happened over the festive period but during this time I've made numerous on line purchases and all have been delivered promptly including parts for my old Suzuki that's been out of production for 40 years!

I wouldn't normally post shite like this on a bike forum but have bugger all better to do.

Any informed replies would be appreciated


Last edited by Enduro Numpty on 18:37 - 11 Jan 2017; edited 1 time in total
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UnknownStuntm...
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PostPosted: 12:12 - 11 Jan 2017    Post subject: Reply with quote

Washing machine is kinda necessary. I'd say 2 weeks is the brink of 'unreasonable'.
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TheArchitect
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PostPosted: 12:25 - 11 Jan 2017    Post subject: Reply with quote

Most certainly an unreasonable amount of time to wait for either repair or refund. Refuse repair and chase refund with retailer. Make it their problem as to how they resolve it with the manufacturer.

Years ago I had a dishwasher go tits after a week and only 3 uses. Initially was told to go through manufacturer for diagnosis and repair. Wasn't in the mood to play these games so insisted on immediate refund or replacement. After an hour of loitering in the shop and asking for updates every ten minutes they bought a new one out for me to take home there and then. They collected the old one next morning.
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colink98
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PostPosted: 12:29 - 11 Jan 2017    Post subject: Re: Consumer Rights Act - What is unreasonably long amout ti Reply with quote

Enduro Numpty wrote:

Given that it's now a fortnight since it's been reported and we still don't have a working washing machine and no assurances of when we will have, WOULD THIS PERIOD BE CONSIDERED TO BE AN UNREASONABLY LONG AMOUNT OF TIME?



"Reasonable" is something that people can argue about...

However id consider a washing machine to be a necessity and not a luxury. you can be sure that's how the retailer would view it when selling it to you.

2 weeks of no washing machine while a large family and the sister with her triplets staying over....it just isn't good enough.

How did you pay for the machine ?
If you paid via CC then you have the option to ask for a refund (section 75) on the grounds that the retailer is acting unreasonable.
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DrSnoosnoo
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PostPosted: 12:29 - 11 Jan 2017    Post subject: Reply with quote

I'd be on the brink of getting it into the back of the car and taking it to the shop I bought it from asking for a replacement.
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Ste
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PostPosted: 12:41 - 11 Jan 2017    Post subject: Reply with quote

Take it back to the shop you bought it from.

Given the run around you're being given by the manufacturer it's fair to say that a repair isn't happening.

Replace or refund then let them worry about what to do with the broken one. That's their problem, don't make it your problem.
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Enduro Numpty
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PostPosted: 13:46 - 11 Jan 2017    Post subject: Reply with quote

Just got a call. Service engineer coming tomorrow. Given the appalling level of shite service so far it will come as no surprise that they can't tell me to the nearest 5 hours when they'll be here. It will also come as no surprise to me if they don't show.

For those that might want to avoid the same hassle, the retailer in question was Currys/PC World and the manufacturer was Samsung. I have no idea who the service engineer works for but it's none of the above.

All the people that my wife and me have spoken to throughout this debacle have been very pleasant and appear to want to help. The problem is nobody seems to be able to get anything done. My wife and me have spent a lot of time on this, the call centre staff have spent a lot of time, the manager at the shop has spent a lot of time on it. Time is money, spares have to be sent, the service engineer is based over 100 miles away. Applying any reasonable business costing to this whole shambles, the simplest and cheapest solution would likely be to replace the machine in the first instance. Any semblance of good customer relations is lost in all the bullshit.

Not that anyone in either of these two companies will actually give a shit, but they'll never see any more money from me in the future.

Thanks for replies - I was close to loading machine into the back of the car when I got above phone call.
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Ste
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PostPosted: 13:50 - 11 Jan 2017    Post subject: Reply with quote

Hit PC World / Currys up on Facebook and Twitter to complain at them on there. Thumbs Up
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colink98
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PostPosted: 14:01 - 11 Jan 2017    Post subject: Reply with quote

Ste wrote:
Hit PC World / Currys up on Facebook and Twitter to complain at them on there. Thumbs Up


Maybe a few pictures of Ste in his soiled under garments to demonstrate the pain of having no washer would help foster support.....
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RhynoCZ
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PostPosted: 14:22 - 11 Jan 2017    Post subject: Reply with quote

To give you the European aspect,

1) Yes, retailer is fully responsible (not just the one shop you bought it from. Wherever this retailer has got a shop (within the Common market), you may demand your rights under warranty)

2) The laws of many EU countries say the retailer has got 30 days to solve the problem,

3) Consumer has got right to choose one of the given options:
A) Termination of the contract = you get all your money back + you may demand something extra for your trouble. When I say money, I mean money, if they tell you that their policy says they can only give you store credit, then tell them GTFO (unless you bought it for the store credit);
B) Rebate = if the item is somehow damaged, but is still fully functional (not your case)
C) Repair (no longer than 30 days);
D) Exchange of the unit for a working one;
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Ste
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PostPosted: 14:28 - 11 Jan 2017    Post subject: Reply with quote

"you may demand your rights under warranty"

Any warranty is separate to consumer rights. Warranty is provided by the manufacturer whilst the obligations under the Consumer Rights Act are something for the retailer to deal with. Basically you can return it to the retailer for a refund or replacement and let them fuck around sending it off to be repaired under warranty, it's up to them what they do with it.
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Ste
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PostPosted: 17:14 - 11 Jan 2017    Post subject: Reply with quote

ColinK98 wrote:
Maybe a few pictures of Ste in his soiled under garments to demonstrate the pain of having no washer would help foster support.....

I'm not wearing any.
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dodsi
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PostPosted: 18:22 - 11 Jan 2017    Post subject: Reply with quote

So, I have just ordered a Samsung oven from currys - it's yet to arrive and isn't in stock yet - tempted to cancel order and order from AO.com for about £9 more.
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dodsi
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PostPosted: 19:03 - 11 Jan 2017    Post subject: Reply with quote

Thanks for the review, since my last post I have cancelled from currys and re-ordered through AO for my £650 Samsung oven.
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Enduro Numpty
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PostPosted: 08:58 - 12 Jan 2017    Post subject: Reply with quote

dodsi wrote:
Thanks for the review, since my last post I have cancelled from currys and re-ordered through AO for my £650 Samsung oven.


Hopefully you'll avoid the grief we've experienced.
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dodsi
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PostPosted: 13:59 - 12 Jan 2017    Post subject: Reply with quote

Enduro Numpty wrote:
dodsi wrote:
Thanks for the review, since my last post I have cancelled from currys and re-ordered through AO for my £650 Samsung oven.


Hopefully you'll avoid the grief we've experienced.


What can I say? you inspired me! - I have dealt with currys before with a similar issue and to be honest I don't really know why I ordered through them.

In the end I also saved a extra whole load of money by using AOs price promise too!
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Wonko The Sane
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PostPosted: 14:22 - 13 Jan 2017    Post subject: Reply with quote

DrSnoosnoo wrote:
I'd be on the brink of getting it into the back of the car and taking it to the shop I bought it from asking for a replacement.


put it down in the doorway itself so the automatic doors can't close while you're at it?

I can picture you sitting on top of it reading a paper and occasionally casually saying "3 weeks old and it's died but they won't replace it" to anyone walking past as the doors open and close bumping into it....
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hellkat
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PostPosted: 14:38 - 14 Jan 2017    Post subject: Reply with quote

Unreasonably long washing machine repair dilemma: 2 weeks. + ridiculously longtime on telephonic helplines

Unreasonably long hospital waiting time with possible broken back and no brace/board/whatevs:
2 weeks = super duper ridiculously long time unless your name is Pol Anorl
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Dave70
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PostPosted: 21:24 - 14 Jan 2017    Post subject: Reply with quote

dodsi wrote:
Thanks for the review, since my last post I have cancelled from currys and re-ordered through AO for my £650 Samsung oven.


You may want to review your Samsung purchase for another make too.

https://www.reviews.co.uk/company-reviews/store/samsung

https://uk.trustpilot.com/review/www.samsung.co.uk

https://www.customerservicescoreboard.com/Samsung

I can also speak from personal experience, that samsung are by far the worst company I've dealt with, with regards to customer service. A simple case of "we've got your money, now fcuk off" syndrome.
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iooi
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PostPosted: 10:59 - 15 Jan 2017    Post subject: Re: Consumer Rights Act - What is unreasonably long amout ti Reply with quote

ColinK98 wrote:

If you paid via CC then you have the option to ask for a refund (section 75) on the grounds that the retailer is acting unreasonable.


CCA 75 does not cover you for the above... It covers you for "breach of contract and misrepresentation"

It will also not be a quick process. Given the OP is already moaning about the time spent already. Having to arrange for a independent report etc is not going to happen...
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dodsi
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PostPosted: 23:19 - 15 Jan 2017    Post subject: Reply with quote

Dave70 wrote:
dodsi wrote:
Thanks for the review, since my last post I have cancelled from currys and re-ordered through AO for my £650 Samsung oven.


You may want to review your Samsung purchase for another make too.

https://www.reviews.co.uk/company-reviews/store/samsung

https://uk.trustpilot.com/review/www.samsung.co.uk

https://www.customerservicescoreboard.com/Samsung

I can also speak from personal experience, that samsung are by far the worst company I've dealt with, with regards to customer service. A simple case of "we've got your money, now fcuk off" syndrome.


Luckily my contract is with the retailer and not the manufacturer - i won't bother myself to deal with them directly. Hence going for a retailer with good customer service.

New oven arrived today so it's too late now anyway. AO Sunday delivery... gotta love it.

On my Samsung TV I have an extended 5 year warranty with currys I paid for - one of their 'know how' ones that includes free hire of a TV while they piss arse around... cost about £70 for the whole 5 years.

Unfortunately John Lewis were WAY more expensive and the model number was /slightly/ different so they would not match the price.
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Wonko The Sane
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PostPosted: 14:26 - 16 Jan 2017    Post subject: Reply with quote

dodsi wrote:


On my Samsung TV I have an extended 5 year warranty with currys I paid for - one of their 'know how' ones that includes free hire of a TV while they piss arse around... cost about £70 for the whole 5 years.


Did you ever get the hire tv while yours was in for repair?

One of our tv's has been back three times for the same fault (DVD drive failing) and we've never had a hire TV from them!

Always takes 2 weeks for the repair too
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dodsi
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PostPosted: 19:29 - 16 Jan 2017    Post subject: Reply with quote

Wonko The Sane wrote:
dodsi wrote:


On my Samsung TV I have an extended 5 year warranty with currys I paid for - one of their 'know how' ones that includes free hire of a TV while they piss arse around... cost about £70 for the whole 5 years.


Did you ever get the hire tv while yours was in for repair?

One of our tv's has been back three times for the same fault (DVD drive failing) and we've never had a hire TV from them!

Always takes 2 weeks for the repair too


I didn't say that I have used the guarantee, and you didn't say you took the same guarantee out with them on your TV.
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