Machine’s got me in a spin

It’s good to know your rights if your washer is wonky – or if any other piece of kit goes wrong

Q MY WASHING machine has just stopped working. The engineer reckons the mother board has gone and needs to be replaced. It could cost up to £400 and there is no guarantee that it will solve the problem. I’m not keen on paying all that money in case it doesn’t work. But I’ve been told that because the machine is more than three years old, it is out of warranty and I am liable for any repairs myself. Is that the case or do I have any protection under consumer legislation? I think that a new machine should have lasted for longer than three years but I’m not sure what to do next. A FIRST of all, we need to differentiate between the rights you have under a manufacturer’s warranty and the rights you have under the Consumer Rights Act. This is one that confuses consumers and, if I’m being honest, shop staff as well. Quite often, retailers try to hide behind this one and pass the buck to manufacturers, when the responsibility really rests with them as the people that you bought the goods from in the first place. When you buy something new, it usually comes with a manufacturer’s warranty. This says that for 12 months, or two years but perhaps up to five years, depending on what you buy and the manufacturer, you can send it back to them for redress if something goes wrong within the period of the warranty.

It doesn’t mean that they will send you new goods in 100 per cent of cases as those of you who have tried to send back faulty goods will know. But it does offer protection in the majority of cases.

You are also protected under the Consumer Rights Act. It’s really important to point out that the rights you have under the Act are in addition to, and not instead of, the rights you have under a manufacturer’s warranty.

In practice, this means that you can decide whether to complain to the retailer or manufacturer if you get a problem with something you have bought.

Legally, your contract is with the retailer and I would usually start there but sometimes it’s easier to deal with the manufacturer.

The Consumer Credit Act says that you should expect anything you buy to be as it is described, fit for purpose and be of merchantable quality. Basically, that means that a cotton shirt should be made of cotton and that a kettle should be

able to boil water. If any of these conditions are not met, you have certain rights. What these rights are depends on how long you have had the goods before you notice a fault. If the goods break down within the first 30 days, you have the right to a refund or replacement.

If the fault appears within six months, you should expect the retailer to offer a repair before they agree to exchange or refund.

And after six months, you have to prove that the goods were faulty at the point of purchase in order to make a claim.

Which brings us to your question. You bought your washing machine more than three years ago and so you can’t make a claim against the manufacturer since it is out of warranty.

But you may still have a claim against the retailer under the Consumer Rights Act – and this is where it gets interesting.

You would have to prove that the fault in your machine was “inherent” to the machine and not caused by overuse or misuse and this can sometimes be a difficult thing to do.

You would have to ask an engineer to look at your machine and provide a formal report confirming that there was an inherent fault. You might have to pay for this report in the first instance but if the engineer finds in your favour and your claim is successful, then the retailer should reimburse you.

You have up to six years from the point of purchase in Scotland to make this sort of claim.

The important point from all of the above is never to be fobbed off when a retailer tells you that they can’t help you because you have had your goods for more than 30 days, or six months or two years or whatever timetable they are using that day. Tell them you have rights under the Consumer Credit Act.