DEAN DUNHAM: I’ve been waiting for my furnace to be repaired for eight weeks. Can I claim a full refund?
I have filed an extended warranty claim regarding my defective oven.
The claim has been accepted, but the guarantor keeps canceling the repair appointment and says they are waiting for the parts.
Eight weeks later I still don’t have a working oven. Can I request a refund for the oven itself?
Samantha Wilder, via email.
Dean Dunham replies: You must first determine if the problem with the oven is caused by a manufacturer’s error or if it is simply wear and tear.
You should really only use the extended warranty for issues related to wear and tear.
From the boil: A reader has been waiting eight weeks for an oven repair due to problems finding replacement parts
If it is a manufacturer’s fault and you purchased the oven within the last six years, you do not need to take advantage of the extended warranty. Under English law you typically have six years to make a claim.
Instead, you should go back to the retailer who sold you the oven and demand relief under the Consumer Rights Act 2015.
The retailer can then decide whether to offer a free repair, a refund (minus the time you used the oven) or a replacement.
Whatever solution he chooses, you as a consumer have the right not to be inconvenienced, which means that the solution must be implemented within a reasonable time.
If this is not possible because parts are not readily available, you can claim an alternative remedy.
If the problem is wear and tear, the Consumer Rights Act won’t help. Instead, the matter will be settled in accordance with what the warranty provider’s terms and conditions say, so you will need to read these carefully.
But even under these circumstances, a degree of reasonableness will be expected; If the guarantor is unable to make the repairs within a reasonable time, this may amount to a breach of contract on their part, entitling you to claim damages for the oven not working.
The same principles also apply to other situations – for example in cars, as the car industry still faces a shortage of spare parts.
Delivery people damaged my wallpaper
I bought a wardrobe and drawer unit online. When the delivery people brought the furniture into my house, they damaged the wallpaper in my hallway.
I have complained to the retailer but he says he is not responsible for this damage and that he is only responsible for damage to the goods. Is this right?
AN, via email.
Dean Dunham replies: This is a common misconception among retailers.
The Consumer Rights Act talks about remedies in respect of defective goods, but does not specifically mention remedies for ‘consequential damages’ (such as damage to property caused during delivery).
Despite this, the Consumer Rights Act specifically says that it does not exclude consumers’ right to claim consequential damages, meaning that such a claim is possible.
It therefore follows that if your property is damaged by a retailer’s staff or by a courier service engaged by the retailer, the consumer is entitled to an amount appropriate to repair the damage caused.
In these circumstances you should obtain three quotes for the repair work and submit these to the retailer together with your request for payment or compensation.
- Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Daily Mail cannot accept any legal liability for any answers given.