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 Paul. It all depends on what is causing it. That’s a fault that can be caused by overloading or stopping the dryer halfway through a cycle as well as failing parts. If the engineer isn’t claiming it’s user error then you could argue (with the retailer) that it should be replaced.
My John Lewis washing machine ha self dosing was not told on purchase.It won’t rinse properly after using a pod. The won’t exchange for it although I was prepared to pay more money for a more expensive machine. Have any rights
Hello Mrs Hickman. If there is definitely a fault on it then you should have a right to have it exchanged if it has happened quite quickly after purchase. The issue is likely to be around where there are not there is a fault. And they would need to send an engineer out to look at it in order to see if it is faulty or not. Unfortunately no retailer will accept the word of a customer claiming it is faulty. The manufacturer would have to come out and investigate it first. The reasons are explained in my article above.
We purchased a Samsung washing machine last October 2019 from A.O.com. Samsung have sent an engineer out who said it needs a new drums,new pump,new seal and memory board. I dont want 4 new parts fitted to a machine that is 9 months old. I would like an exchange am I entitled to this?
Hello Mrs Melligan. It seems very strange to fit so many disparate parts. Sometimes an engineer might order a load of parts just to be on the safe side because they aren’t entirely sure which exact part is needed but if they fit all of the parts they are pretty confident it will clear all faults. At 9 months old it’s extremely difficult to get a replacement. If you have had nothing but trouble with it, or if the engineer had said that it was not repairable you would have a strong case. But if it is repairable albeit with a lot of parts they will both argue an exchange is not necessary. If you have had many problems with it you could try arguing that it is not fit for purpose, or made of sufficient quality. To be honest I think it’s very unlikely that all of those parts are necessarily. Another way of looking at it is that once all of those parts are fitted it would give the washing machine a new lease of life. If all of those parts genuinely have broken down though then you definitely could argue that the washing machine is definitely not built to a satisfactory quality.
hi i broufght a bush washing machine from argos in febuary 2018 and then in mid july this year it started leaking water from underneath i had seperate insurance but when i booked a repair they told me it was still under the manufaturers guarentee argos had to set up a repair i called argos and they booked me in to have it repaired the engineer came out and they said they had to order 4 parts for it they left ordered the parts when they next came back they only had 3 parts they then said they had to order the forth part when they next due to come the part hadnt been ordered so they had to reorder on the day of the appointment they said the part was damaged then they said that the machine couldnt be repaired and they emailed argos now argos are saying that im not entitled to a repair or replacement machine what are my rights please help
Hello Carol. If the washing machine is less than 3 years old and it cannot be repaired then you need to try and argue with the retailer that it has not lasted a reasonable time. Under the consumer rights act 2015 products should last a reasonable time. However, Bush are pretty much a budget washing machine and it is debatable how long they should be expected to last. Sadly the average life span of a washing machine these days is only about 7 years, possibly less. However, that would still mean it has lasted half as long as you would expect, and therefore in theory you should be entitled to 50% refund. In practice retailers are generally very poor at giving customers their consumer rights. They quickly realised that all they have to do is play dumb and say sorry there’s nothing they can do and probably 95% of people will just go away. It’s a very successful tactic.
How long a washing machine should last is not an exact science, but obviously the cheaper ones don’t last as long, and if they are washing for a large family then 3 or 4 years is actually quite normal these days. If you look at my article how long should a washing machine last you can see a more detailed look at the topic. If you look at the poll on the page too you can see how many people’s washing machines are not even lasting 3 years these days. It’s a very sad state of affairs but it’s a consequence of them being so cheap.
My machine was faulty and two repairs later I needed new parts my washing machine was only 4 months old. The parts cannot be got and they are ordering them in but cannot say how long. They then agreed to send me a new machine which when ordered was going to take 5 days. I heard nothing for two weeks and when I inquired about this they told me the machine was out of stock for another 4 weeks. So all in all I have not had a working washing machine for nearly 2 months. I have had to order yet another model and it will take another week for delivery. . Do I have any right for financaly help with laundry Bills from hot point?
This is a very difficult one because there is a reasonable likelihood that much of the delays are caused by the current situation i.e Covid 19. It’s obvious that so many things have been affected and are in short supply or have long waiting lists. Therefore the only thing I can advise is to get in touch with somewhere like citizens advice or Which? who will have formulated opinions and decisions based upon the current situation.
I purchased a new washing machine and 15 days later it broke down.Engineer said the motor had blown and it now needs a new one and control panel.Asked how long he said he has no idea.Can I ask for a new one ?It could take weeks and we have washing piling up after a holiday.It had been used 4/5 times
Yes, it is under 6 months old, so under the Consumer Rights Act 2015 this means unless they can prove otherwise they sold you a faulty washing machine with an inherent fault. You should be entitled to money back or a replacement – especially as they can’t repair it within a reasonable time.