What are our consumer rights related to washing machines and white goods appliances that break down? Especially soon after purchase. Trying to get an appliance exchanged can be stressful and difficult. So before we jump in and angrily demand a replacement, it’s best to try to look at the subject objectively.
Both the customer and retailer’s points of view are explored in this article. Note that I am talking only about UK consumer rights.
I don’t want my washing machine repaired – I want it exchanged
Many customers want an exchange if a washing machine breaks down when they haven’t had it very long. Especially if it’s very soon after purchase. Unless a retailer had a 28 day exchange policy this used to be difficult. But the new Consumer Rights Act 2015 now makes this very simple. It says that if a new appliance goes faulty within 30 days we are entitled to a full refund if that’s what we want.
Is the washing machine really faulty?
However, before jumping in, try to make sure there is definitely a fault on the appliance. Make sure that the fault is not caused by faulty installation or a user fault. Failing to read the instruction manual causes a lot of avoidable problems. As an engineer, I know that a substantial percentage (if not the majority) of all calls to a new appliance within the first week are likely to be user faults or installation faults.
If it’s a washing machine check this list that I have compiled separately, is the washing machine actually faulty? It shows 9 examples of “faults” that are not washing machine faults at all. They are all caused by installation or user errors. Remember, you can be charged if it turns out to be one of these faults, so it makes sense to check it.
They won’t exchange any appliance without sending an engineer to check it first
It’s easy to see why it’s highly unlikely anyone will exchange an appliance simply because it’s reported faulty, once you’ve read the list mentioned above. It’s almost certain an engineer will need to inspect and confirm it is genuinely faulty.
Can I insist on an exchange if the washing machine IS faulty?
The Consumer Rights Act 2015 gives us the right for a full refund if an appliance is faulty within the first 30 days. If the appliance is genuinely faulty, you can request your money back.
The sooner a fault occurs, the more likely a retailer will exchange it. They tend to get very reluctant after roughly a month. The Consumer Rights Act 2015 says that faults within the first 6 months are inherent. This means the fault must have been present when sold, even if it didn’t show before. The retailer must prove otherwise. So if a substantial fault occurs within the first 6 months, you have a better chance of getting it exchanged. After 6 months, it is extremely difficult to get an appliance exchanged, even if consumer law says you are entitled to it.
Should you complain the manufacturer?
Under UK consumer law, the manufacturer is not responsible. Only the retailer has any obligation regarding faulty goods. A manufacturer has an obligation to honour their guarantee. But they have no obligation to exchange faulty appliances. Neither can they give your money back because you gave it to the retailer. Some manufacturers will get involved. They will sometimes offer to exchange an appliance. If they offer something acceptable, that’s fine. But if they don’t, remember the retailer is bound by the Sale of Goods act. It’s them you should be negotiating with. (Related: Why can’t I complain to the manufacturer? They made it so aren’t they ultimately responsible?)
Retailers can sometimes insist on repairing – not replacing an appliance
Automatically rejecting a washing machine over any fault is not necessarily a good idea. It’s common to instinctively want to reject something that breaks down the first time you use it, or within a short time of buying. As customers, we often 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. It doesn’t mean there is something seriously wrong with it. It doesn’t mean that it will never stop breaking down. Bear in mind that a minor repair may be considerably more convenient for all concerned, including yourself. What’s the point for example of going through all the hassle of getting a washing machine exchanged if it can be fixed in 5 minutes with hardly any effort?
Also bear in mind that a retailer can insist on a repair if they can show that replacing the appliance is disproportionately more expensive than a repair.
You might be entitled to reject it if the product is faulty from the start, but it makes sense to just see what the fault is first. Some faults can be pretty minor and hardly warrant a total rejection.
There is sometimes a stalemate caused by conflicting statements in the Sale of Goods Act. It gives us the right to reject a faulty product, but also gives retailers a right to repair it if it only has a minor fault.
Faults within the first 6 months are deemed to have been present when sold
As previously mentioned, a new amendment to consumer law has shifted the burden of proof of a fault from the consumer to the seller. This is only applicable within the first 6 months. This means a fault within 6 months is automatically assumed to be an “inherent fault” unless the seller can prove otherwise. It’s as good as saying 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. So it was therefore sold with an inherent fault.
Why are retailers so reluctant to exchange a faulty appliance?
This could be why – Is the sale of goods act too hard on retailers?
Faults on appliances out of guarantee
Once the appliance is out of the manufacturer’s guarantee you will always be told that you have to pay for a repair – even if The Consumer Rights Act 2015 shows you are entitled to a free repair or compensation. You can be entitled to a free repair or partial refund long after the first year.
It will depend on all of the circumstances, but you can still be covered by UK consumer law as this article describes Out of guarantee even by a long time doesn’t always mean you should pay
The Consumer Rights Act 2015
Some people think that because the Consumer Rights Act (formally Sale of Goods Act) gives us up to 6 years (5 in Scotland) to claim compensation it means we have a claim any time it breaks down within the 6 years. This is definitely not the case. Read this article here – Consumer Rights Act (formally Sale of Goods Act) gives us 6 years to claim for faulty appliances
Which? Consumer Advice special offer
I’m not a consumer expert. My consumer advice is my personal understanding based on a long study and research on the subject coupled with my 40 years experience in the trade, and years of writing and advising on my web sites.
Which? are a great source of independent consumer advice and product reviews and you can benefit from their highly respected opinions and experience online – you can usually get a special offer trial offer – (Why subscribe to Which? )
Distance selling regulations
You have additional rights if you buy your appliance over the internet or through a mail-order catalogue. Read this article for more information on Distance selling regulations on returning appliances
Spares
Spares4Appliances is a spares company run by repair engineers who understand all about spare parts for appliances.
Hi, I bought an expensive Bosch washing machine online from John Lewis. It does not wash clothes and they come out just as dirty as they went in. I informed John Lewis of fault 15 days after delivery. John Lewis sent two Bosch engineers to check my machine – neither could find fault. I asked John Lewis/Bosch to do actual wash loads to see for themselves that the machine is faulty, but they won’t. They won’t refund or replace. Their is obviously a fault that the 15 minute check by the engineer is not picking up. What else can I suggest to them?
Hi Robina. That’s a very unusual issue. I can understand the engineers being sceptical of a fault if it appears to be ok because fault causing a washing machine to not wash laundry would normally be quite obvious. It’s also very rare for a new machine to have a problem like that. But just saying there is nothing wrong is very unhelpful. As you say they don’t spend any time checking appliances out these days as they are under so much time-pressure. So it’s possible they are missing something.
What they should bear in mind is that there must be some explanation, and no one is going to go to all the stress and hassle of complaining persistently – just to pass time. There has to be an explanation.
The things that spring to mind are what wash cycle do you use, how long does it take, and does it complete the cycle and turn off as you would expect?
Hi Andy,
Thanks for your reply. ‘Cottons’ on 60 degrees takes a three and a half hrs. ‘Easy care’ on 40 degrees takes two and a half hrs. Cycle completes and turns off.
I bought the Bosch washing machine online from John Lewis in November 2021. 15 days after delivery, I informed John Lewis in writing that the washing machine was not washing clothes, was not fit for purpose and requested a refund or replacement.
They sent two Bosch engineers on separate occasions – neither found a fault with machine, yet to myself and my adult son it is obvious that the machine was not fit for purpose.
I have used Bosch washing machines for the last 20yrs and my two previous models washed excellently. I read all manuals fully and follow instructions carefully, so rule out user error. Machine was installed by John Lewis.
I showed engineers the poorly washed clothes. I emailed lots of photos of uncleaned clothes to John Lewis. I argued that just because engineers could not find a fault or error message within their 15 minutes checks, this was not conclusive that the machine was not faulty/unfit for purpose (I would so appreciate it if you would back me up on this). I requested that John Lewis/Bosch do in situ wash loads themselves to witness the poor wash performance for themselves, John Lewis declined. I suggested that the machine needs to be taken back to the factory and taken apart to find what the fault really is, John Lewis declined. I requested mediation, John Lewis said that they do not belong to an ADR scheme (I find that surprising) and declined mediation.
Two months later, John Lewis keep repeating that, because two Bosch engineers found no fault, Bosch will not refund or replace John Lewis, therefore John Lewis will not refund or replace me. As no fault found, means no repair either!
Independent engineers are saying if Bosch engineers found no fault, they are not likely to either and that I should go back to manufacturer, but Bosch are sticking to their findings. My son has supported my claim. What other evidence could I offer?
I have informed John Lewis that I will not be using the washing machine further as it does not wash and is just wasting my electricity. I desperately need the space and money for a working washing machine and feel that John Lewis and Bosch are being inflexible in resolving this.
Please please help.
Hi Robina. Yes not finding fault doesn’t prove anything – especially if they don’t spend much time testing Repair company want to charge if engineer can’t find fault but unfortunately you can’t prove there is a fault either yet.
Exactly what model is it? And are those 2 programs you mentioned the ones you use? What does it say in the manual about Easy Care? It might not be suitable for normal washing as I just found this on Google from Bosch site –
“Is easy care a gentle wash?
Suitable for freshening up cotton or easy-care fabrics. … The program offers two rinse cycles with a gentle washing action for greater fabric protection.
Have you tried cottons 40 normal wash with no time reducing options selected? Also finally, make sure it’s not caused by any of the issues in this article – washing not getting cleaned in washing machine
I have a faulty new washing machine and will be taking your advice on how to complain. But mine is integrated into a fitted kitchen and I have paid £85 for it to be fitted. Where do I stand with that?
Hello S. My understanding is if you have suffered what is legally called, “consequential loss” you are entitled to compensation. From my experience manufacturers aren’t used to having to pay any of that out though and are likely to be resistant. We all suffer consequential loss if we have to take time off work for example in order for one of their engineers to fix a fault but no one ever seems to pay us for that. I think that theoretically we can claim for things like that but we are likely to have to take them to the Small Claims Court.
I would approach it by saying you have suffered consequential loss. Because that is a legal term. If you have to pay another £85 for someone to refit a replacement then if they refuse you may have to take further advice from somewhere like Which? Or citizens advice.
Hi I have a Zanussi microwave and this is the third time it has stopped working completely they say they are sending out an engineer in two weeks to look at it , it’s not a year old yet do you think this is reasonable??
Hello David. No you definitely don’t expect a microwave to break down three times before the year. The problem is that after six months, we have to prove that any fault was inherent, which is extremely difficult to do. So unless the retailer wants to replace it out of goodwill it’s difficult to do anything. You could try saying that it is obviously not fit for purpose, or not of sufficient quality under the consumer rights act 2015.
Been without a machine now two weeks.bought hotpoint washing machine November 22 had a engineer out and he has found I have a hole in the drum.Not happy about them replacing the drum and would like a exchange being only 7months old
Hello Matt. I can sympathise, it’s not very good having to have such a major repair done in such a short time. However, what has caused the hole in the drum? The only time I’ve ever seen holes in the drums (which are plastic now) is when coins or other such substantial items have been left inside pockets. Are there any dints in the stainless steel drum?
Anyway, it would be unusual for your fault to be caused by a foreign obstruction, and not be challenged by the engineer. They would always normally attempt to charge the customer in those circumstances.
Unfortunately, once an appliance is over 6 months old, a retailer can deny us a replacement unless we can prove that the fault was inherent. It’s a very annoying and almost vague rule. If a fault happens within the first 6 months, it is assumed that the fault was inherent, and present when sold to us – unless the retailer can prove otherwise. But after 6 months, the burden of proof switches to the consumer.
I don’t fully understand the point of that though, because if the retailer and engineer accept that there is a fault, and that it was not caused by misuse, then it must surely also been an inherent fault. Just over 6 months is in no way long enough for wear and tear to have any remote effect. It just seems to be an arbitrary period that the consumer rights act 2015 have set in place (maybe as a concession to retailers).
The big problem with this is that how can the consumer “prove” that a fault was inherent without getting an expensive report from an independent engineer? I would say that if the engineer and retailer accept that it has gone faulty, and it is nothing to do with the consumer, then that surely is proof – but if that was the case there would be no need for this arbitrary 6 month period where the burden of proof switches around.
Hi there,
I really need your advice please.
My Indesit washing machine was recalled last year and replaced with an equivalent Hotpoint machine. The replacement came in October.
In July this year, I noticed smoke coming out of the drum after a wash cycle.
An engineer was sent out and said that the drum had dropped which caused the friction.
He also implied that this is common with this washing machine.
I asked for a replacement machine as I don’t feel safe using a patched up machine especially as it was a replacement for my recalled machine.
The manufacturer is sticking to their script of ‘it’s not a fire hazard so it will be fixed not replaced’.
How can I get a replacement? As I genuinely don’t feel safe with this machine.
Marcia
Hi Marcia. You would have to insist on a replacement with the retailer you bought it from. Only they are obliged to do anything under the Consumer Rights Act 2015. The manufacturers may or may not offer replacements but if they do it’s something they do out of so-called good will.
If it’s developed a drum bearing fault after such a short time it would seem to be of poor quality and therefore a breach of the Consumer Rights Act. You may need help from Citizens Advice or similar if they refuse.
Thank you so much Andy,
Are you able to tell me which part of the Consumers Rights Act they are in breach of so that I may focus my research and my talk with Citizens Advice.
Many Thanks
Marcia
Hi Marcia. If its still under guarantee they may be able to insist on a repair if it’s over 6 months old unless you can prove it’s an inherent fault. if it is out of guarantee I would claim it hasn’t lasted a reasonable time and isn’t of sufficient quality. Drum bearing failure isn’t a fire risk by the way. Any “smoke” will have been friction and I’ve never heard of that kind of friction causing a fire.
I purchased Hoover Washing Machine from John Lewis in July 2022. On 28 Sept it developed a fault, on spin cycle loud banging noise. I informed John Lewis and Hoover and was given an appointment for an engineer to come on the 14 Oct (Pacifica) When engineer came he removed rubber seal around door and tightened 2 bolts on concrete at drum. On 1st use on Monday 17 Oct the noise was still there. Informed John Lewis & Pacifica who arranged for another engineers visit for 26 Oct.
On the 25 I received a text stating times for visit 10.24 – 13.24. I phoned Pacifica at 14.20 as no engineer had arrived. Informed he was coming but could be delayed. Telephoned them again at 15.23 as engineer had still not arrived. Informed could not get hold of engineer but had left a message and sent an email to management. Telephoned again at 16.26 as engineer had still not arrived. informed they left another message for him to make contact, but also informed me the engineer works to 6pm.
I waited all day but nobody arrived.
Sent email to John Lewis explaining this, to receive an email back they would be contacting the company to see what happened. Still waiting to hear back from them.
What is my position with regard to this as I have made the effort to let them try to resolve this.
Sorry I thought I’d already replied Frances. I would say it’s a clear-cut case of you are entitled to a replacement or full refund. Hopefully it’s been done by now. You should have been entitled to this when it first broke down because it was within 6 months but even if you accept a repair, if the repair fails you are also entitled to a refund or replacement.
This right is with John Lewis, and them only.