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.
Hello Lindsay. It sounds like quite a farce you’ve endured. I’m puzzled as to what is wrong with the appliance if they said it can’t be repaired and then sent a second engineer out to take photos. That sounds very unusual to me. They can’t afford to send engineers out to take photos without good reason. What have the engineers said is wrong with the machine?
If for some reason Beko have changed their mind and decided they’d rather repair it you can’t force them to replace it. They only have an obligation to repair it whilst under their guarantee. They would only be obliged to replace it if it genuinely could not be repaired. However, no washing machine that young cannot be repaired. It’s more a question of whether it’s more economical to replace it if it’s going to be a very labour intensive repair and needing a lot of parts. It’s possible the engineers were trying to get out of doing a big time-consuming repair but their manager has overruled them.
If you have decided you do not want a repair and want to insist on a replacement then you could try arguing with Beko but they will only comply if they decide they want to. Only the retailer has any legal obligation to replace it if you can show that it has breached the sale of goods act by not being fit for purpose or not lasting a reasonable time. If it genuinely is unrepairable and hasn’t even lasted a year then it’s a very strong case you have.
If Beko come back and say they want to repair it then you have to decide whether to accept that and put it all behind you, or fight with the retailer who will not happily replace it if Beko have already refused. However, that doesn’t mean the retailer is right to do that, but you would have to show that you are entitled to a replacement because it hasn’t been fit for purpose or lasted a reasonable time or it had an inherent fault. To be honest, if it’s the first time the appliance has broken down you might struggle to win.
My husband and I bought a hotpoint washing machine as part of a dual package with Currys six weeks ago. We had to contact Currys who in turn contacted Hotpoint as a fault appeared and we were unable to use the machine. It was discovered by the engineer that the motherboard and motor and a valve leak had been found. Over the next few days another engineer came with replacements and this too was found that they could not repair it as thee motherboard would not connect with engineers computer and he said he would order another but he felt we needed a complete replacement of washer. I contacted Curry and Hotpiunt to help and give us an uplift number but was told 28 would mean only repair but they would contact me about it.I explained we are in our 70s and it was a very big purchase for us and did not expect thus after 6 weeks. Is there anything else we could do please..
If it has failed under 6 months old – especially with so many faults and so much messing about with the engineers you are entitled to a full refund or replacement. Tell Currys you want a new machine or a refund as under the sale of goods act they have sold you a washing machine with an inherent fault. Don’t let them fob you off with the manufacturer – it is the retailer who is in breech of the sale of goods act.
Carefully read all of my article. All the answers are there including about who is responsible, and how faults within the first 6 months are deemed to be present when sold – and even an explanation as to why retailers try to fob us off.
Is it reasonable to ask for a refund on the washing I’ve had to do at the launderette (if I provide receipts) while waiting for parts/engineers? We’ve been waiting 2 weeks now for our Beko washing machine to be repaired. Was told today it will still be another week so obviously had to do washing another way. Just wanted to know if people do this or just accept the hit?
Thanks
It would depend on exact circumstances but people just take the hit. It’s extremely common for repairs to take weeks waiting for parts. It’s just accepted that we suffer while we wait. If you have suffered financial loss because of incompetence, or maybe a brand new machine is faulty you might be able to claim. But if they refuse it’s likely to need a lot of effort to get it back. It’s definitely worth trying though if you have receipts. Some companies might offer something. Let us know if you do how you got on.
Hi,
We originally had a Hotpoint Dryer which caught fire last year. Thankfully I was in the kitchen at the time and we managed to turn it off and get it outside quickly. It was also on the recall list so Argos eventually agreed to replace it and we paid the extra to buy a Hoover Dryer.
From the beginning the dryer seemed to be way too hot (even on a wool cycle) and clothes were coming out too hot to touch. Then in the last few months the dryer melted the inside on our baby’s cot bumper and burnt a hole in our duvet, both of which say on the label they can be tumble dried.
We contacted Argos who sent out an engineer from Hoover. He did all his diagnostic tests and said the temperature was correct so his boss told him to drill holes in the drum and replace the paddles. We opted instead for a new drum, which the engineer actually recommended.
He came back out and replaced the drum but has left a dent in our fridge freezer where he didn’t have hold of the drum properly and as he was leaving he just dumped the old drum and box on my doorstep!
When I questioned this, he told me that Hoover aren’t allowed to take the old drums to the tip as it costs them too much money and told me to just ‘leave it outside your drive, the travellers will come and take it within an hour!’
He wouldn’t even take the box, telling me the council tip wouldn’t take it as it had their brand name on it. I queried this a few times but he was adamant he couldn’t take it and I was so baffled I took his word for it. It’s now been nearly 3 weeks and we are left with a large tumble dryer drum we can do nothing with! Can you please confirm if this is correct or have I been taken for a fool? I’m trying to contact Hoover to complain but they are conveniently very busy on other calls! Thank you for your advice.
Yes this is correct. The old parts are the customer’s property and even though they don’t want them councils won’t let any business vehicle take waste to the dump. They have to pay. We can take them but not businesses.
Hi I originally had a tumble dryer that was recalled and offered the chance to purchase a replacement Hotpoint model for £99. Have had it since Feb this year and it broke down over a fortnight ago. I phoned and an engineer called 8 days later and needed to order part. This was over a week ago and I am still no closer to having it repaired. Have phoned them but they were not interested. What rights if any do I have with this?
Many thanks
Hello Lynne. The sale of goods and services act says repairs must be carried out within a reasonable time but they don’t define what a reasonable time is. Sadly it’s common for repairs to take weeks when they order parts. I’ve known many cases when a customer has waited weeks for parts and the engineer turns up with them but they are the wrong parts so they need ordering again. If something like that happened I would think that’s clearly now an unreasonable time. Retailers don’t replace appliances unless the manufacturer says they will foot the bill. If a manufacturer is in the process of repairing one there’s no way a retailer will exchange an appliance unless the user is extremely angry or persistent or has a consumer group behind them.
HI, I purchased a Hotpoint Washing machine from AO.com 14 months ago and today it has developed a Software Fault E-09.
I could use Hotpoints 10 year parts guarantee but I would be liable for a £99 labour charge.
Under the Consumer Goods Act, would you say it’s reasonable to contact AO.com to sort the fault, as a machine developing a software fault within 14 months falls under the category of supplying an item of unsatisfactory quality?
Thanks
Paul