Naff Washing Machine

[buzzyb]

Evening all,
Can anyone help.
I bought a washing machine & 4 years insurance from a very well known electrical store just under two years ago.

The washing machine has now broken down 4 times and has practically been rebuilt.

I have asked for a replacement machine which has been refused because the insurance only covers repairs and not replacement.

I stated in my letter of complaint the machine was not fit for the purpose but did not quote the Sale of Goods Act.

Am i covered by this act and should the machine be replaced?

THanks

[GlenB]

I am sure I have read in the press twice recently that under EU legislation there is an automatic two year guarantee or warranty but this is not widely publicised. Sorry I can't give any references but it might be worth following up. Hurry though and make sure you get any claim in before the two year mark. I assume the claim would be against the retailer not the manufacturer.

[GlenB]

Have now found one of the references. In Moneymail (Daily Mail) of July 15th a reader was querying the need to buy an extended warranty which the supplier had stated was necessary after the initial one year guarantee had expired.
The answer stated that an EU law gives two years cover throughout the EU for faulty goods, not just electrical items. It quoted EU directive 1999/44/EC. The article said it was necessary for you to prove that the fault was not due to your own actions and that it must be reported within the two year period.
Hope this is of help. Good luck!

[hc4361]

Here's the link.
http://www.dailymail.co.uk/news/article-118719 0/EU-law-gives-consumers-year-guarantee-goods- kept-secret-retailers.html

[buzzyb]

Morning GlenB & hc4361

THanks for your help. Having read the news article which states the machine must be repaired or replaced. My problem is Comet will continue to repair the machine because it is covered by a four year insurance. However, I want the machine replaced because in the words of the Mail Online article it is a "junk product" ie broken down four times in less than two years.

Comet claim because the machine is covered by the four year insurance it will continue to be repaired and never replaced. The only exception being if the cost of the repair is greater than a new machine.

Is Coment correct are my rights different because if have the four year insurance?

[buildersmate]

Buzzy - read this link - especially further down. It is much more useful than anything the Daily Mail says.
http://www.consumeradvice.net/pages/consumer.h tm

The point is that EU Directives are just that. They are not binding on member states. What happens is that member states are then required to implement national law to implement the intention of the Directives.

In the UK, it was implemented in the Sale and Supply of Good Regulations 2002. If you read towards the bottom of my link (remedies), you will find that crucially the UK did not build this 2 year rule in - instead we used the weasel words 'reasonable time'. The whole D Mail article then gets muddled in the business about the 6 year statutory limit. This is the time within a civil claim must be made - not the implication that a product was work for 6 years.

By all means try quoting the EU Directive - I don't think it will wash with Comet.

You are covered by the SSG Act 2002, then this doesn't give you the rights under the EU Directive. It doesn't change anything that you bought one of those hideously expensive 4 year insurance policies.