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.
It’s possible Paul, though might not be easy. At 14 months you’d have to show that the fault was present at the time of purchase (an inherent fault) or that it hasn’t been of satisfactory quality. Normally they can put faults down to wear and tear. However, a software fault isn’t related to wear in any way. Have you tried unplugging it for 10 mins or so just in case something’s crashed?
If it has a software fault I would think you might have a case for saying it hasn’t lasted a reasonable time because such a fault is unrelated to usage. You may need to get advice from a consumer group or organisation. The examples in my article here show that faults can be covered under the sale of goods act even when out of guarantee – Out of guarantee doesn’t always mean you should pay
I had a bush washing machine delivered on 13 Feb 2017 used it on the following day and it won’t take the fabric softener in, rung Argos today 15 feb and they are sending someone to look at it tomorrow 16 feb , am I entitled to a replacement machine .
Hello Ann. If it proves to be faulty then technically it was sold with a fault which breaches the Sale of Goods Act. Unless they can prove otherwise, any fault in the first 6 months is deemed to be an inherent fault.
However, there are as far as I’m aware still provisions in the Sale of Goods Act for a retailer to insist on a repair if replacing it is going to be disproportionately more expensive than a repair. If the fault is serious I would expect them to agree to a replacement. However, the fault you describe seems unlikely to be anything serious. It’s very unusual for something like that to be faulty from the start. So if for example they took off the lid and found a wire had become disconnected they should be entitled to carry out the repair.
So it all depends on what has gone wrong. If they say it needs a part ordering and you suspect or they admit it might be a week or two before they can get back to fix it I would be tempted to try insisting on a replacement or a refund. At the end of the day, if there is a fault then they have breached the Sale of Goods Act.
Hi
I purchased a Bosch dishwasher in April 2016 which was installed in our new kitchen in june 16. September 16 the diswasher tripped our RCD and when power was restored it came up with E09 error. Contacted John Lewis who put us in touch with Bosch who sent an engineer a few days later – the fault was a heat pump which the engineer replaced. He stated that it is very unusual for a heat pump to go so soon in the life of the machine. Anyway move onto Feb 17 and we’ve had exactly the same fault – tripped RCD and E09 error. Another week wait for an engineer and he reported exactly the same fault and replaced the heat pump. The engineer suggested the fault could be caused by limescale build up (I find this strange as we use salt and the new part wasn’t even 5 months old).
I have now gone to John Lewis as I have no faith in the machine and I have said that under the consumer rights act I should be entitled to an exchange or refund. John Lewis have refused and said that as the machine is over 6 months old they are under no obligation beyond their repair guarantee. I’ve argued that as the first issue happened before 6 months and the same issue has returned then it is an inherent fault. I feel I’m going round in circles with this. Any advice on next steps would be appreciated.
Hello Matt. I agree that the limescale build up explanation is very unlikely to say the least. If the heater had failed due to limescale build up he would have called you over and shown it to you. My guess is it was clean as a whistle. As you say, limescale couldn’t build up in those times. Besides, the detergent is supposed to protect from limescale.
Regarding the 2 same faults within less than a year I would think most people would have lost confidence in the appliance too. Ironically if you’d tried for an exchange the first time it failed you’d have a stronger case. In the first 6 months a fault is now deemed to be inherent unless the retailer can prove otherwise. After 6 months the onus falls onto the customer to prove it was inherent and that’s what they are saying.
I would say that 2 exact same faults in less than a year are fairly strong evidence that the heater is a substandard part or has a design flaw, or is not of sufficient quality.
However, it’s not cast iron proof. You might arguably just have been extremely unlucky. It’s difficult to prove it’s an inherent fault without evidence from somewhere showing a lot of people are finding the same problem. I would try telling them that when it failed within the first 6 months then according to the sale of goods act that was an inherent fault. The fact that it has failed again only strengthens that claim. Therefore you want an exchange or refund.
You might need to get consumer help if they still refuse. Let us know how you get on.
Hi Andy,
Thanks for the advice – I needed someone to tell me I was on the right side of the law in this regard. I’ve been pestering John Lewis every day but they are not budging on this. I guess the only route I have now is small claims court – obviously I can claim the expense of the dishwasher but am I entitled to claim any additional compensation for time or inconvenience?
It’s possible but I’d expect very difficult without getting help from a consumer group with experience in helping people make these claims.
Hi Andy,
Today I called the consumer advice line of citizens advice and they advised me that I am definitely in the right here and I should go back to John Lewis and tell them I am exercising my right to regect to the product as it does not meet the criteria of satisfactory quality under the consumer rights act 2015.
I then called John Lewis again armed with this information and they said that the second Bosch engineer shouldn’t have repaired the product only reported the fault but as he has carried out repairs they are not obliged to refund or exchange. Sounds like a load of rubbish to me.
I went back to citizens advice and they have said I need to find out which ADR or ODR John Lewis are signed up to – this is a 3rd party mediation in the event of a dispute. Customer services at John Lewis did not have this info over the telephone but they said they would email me – I’m not holding my breath. Citizens Advice also told me I should send a formal letter via recorded delivery to John Lewis outlining the problems, the advice I have received and what actions I want taken.
Thanks for the update Matt. It’s very helpful for everyone when people update with their experiences. I didn’t realise the dishwasher had been repaired. I suppose they don’t get many people wanting a refund or replacement when the appliance is currently working OK. It’s complicated matters a bit. If Citizens Advice knew it was currently repaired and working OK and still said you are entitled to reject it then it’s going to be a case of battling on.
Hi Andy,
So I got a reply from the John Lewis head of customer service today saying that as the dishwasher is currently working they would not be offering a refund or replacement but they would offer me £80 as a goodwill gesture if I would consider that closure of the issue. I declined and now have filed the case with online dispute resolution – this is probably going to drag on now.
Thanks for the update Matt. To be honest if it was me I’d be tempted to take the £80. It depends how determined you are to plough on with the issue.
Hi I purchased a washer dryer Hoover. After 5 or 6 months call out repair cause there was water in machine with clothes and error code shown. Then I took out repair policy and digital screen was replaced. There after every other week or 2 had to call out repair. Double glass cracked as machine had washing, was replaced.Digital screen was replaced 3 time, motor itself was replaced. Also the memory reader also replaced. Then on going issues with some kind of chemical or acid smell from the dispensary draw. Which wasn’t to be found. Soon machine begain to do it’s own mind of washing functions .Was not responding good. A TOTAL FAIL.
Eventually after a long battle the machine was written off and replaced with machine of my chose .WISH ME LUCK.
Purchased a Daewoo 8kg washing machine in March 2018 from the studio catalogue , it’s now October and it’s counter balance in, the big concrete weight inside has cracked and exploded inside the machine. It’s under guarantee so I called the Daewoo repair line, they arranged for an engineer, engineer came, told me it needed parts, so he ordered parts, 2 weeks later he comes with the parts but explains that one part got damaged in delivery, so can’t fix, so he orders another part, a week later they arrive with the part, broken again, reordered, week later engineer comes opens the box with the new part, broken again!!! So reordered again!! I’ve waited 4 weeks now, had to go to the laundrette, cost me a fortune for 5 peoples washing. I’ve emailed studio, Daewoo, 0800 repair daewoos repair center. Asked for compensation for the laundrette, studio deducted my bill by £35.00. The bill was close to £80,£90 for 4 weeks. I don’t know what to do, I’m out of pocket, got no working washing machine and Daewoo are refusing to replace, and insisting on repair, but I’ve been waiting 4 weeks!!! 0800 repairs manager told me that it was my choice to go to the laundrette. And they wouldn’t be reimbursing me.. If the engineer turns up at my house next Friday with another broken part and no fix, then I think I may lose the plot… Help!!!