Whirlpool/Hotpoint/Indesit shows contempt for tumble dryer customers

Press release

Dryer replacement scheme ends for Whirlpool/Hotpoint/Indesit users – Company updates list of affected machines without telling customers

Whirlpool has announced that it is ending its replacement scheme for dangerous tumble dryers that have caused fires.

With growing waiting lists for repairs, Whirlpool had previously offered customers the option of purchasing a new dryer at the reduced rate of £50. Customers had been given the option of a vented dryer priced at £59 (RRP £219) or a condenser dryer priced at £99 (RRP £299).

This latest move has angered consumer groups and the chair of the Business, Energy and Industrial Strategy committee, Rachel Reeves, who has demanded to know why Whirlpool is ending its replacement scheme for dangerous tumble dryers.

A growing list of affected machines

Whilst Whirlpool continues to make customers wait for repairs, Helen Dewdney – The Complaining Cow consumer expert and author of How to Complain – has discovered that customers have found that they own machines they were initially told were not affected.

Whirlpool customer, Juliet Govey, saw the announcements in the media regarding the defective tumble dryers and checked the list. Her model was not listed. In 2017, when she needed a repair on her machine and called out a Hotpoint engineer, he realised the machine was on recall and made the necessary modifications on the spot. She says “His view was that we may well have been safe as we kept the filter, condenser and casing clean and as fluff free as possible. There was very little fluff behind the drum when it was dismantled. I think we were just lucky.”

On my post regarding what to do if you have an affected dryer, Jess commented that she had bought a Hotpoint dryer in early 2015. Late in the year the announcements were made about the hazards and she was advised to go online and check if affected and was told it was too new for the problems and was not one of the models. On renewing her house insurance this year she told them it was a safe one. A few weeks ago she smelt burning from the dryer and immediately unplugged it and pulled it out and called out a repair man. He said it needed a new belt which would be about £10. She asked him to fit it but when he checked the model he refused, saying he wouldn’t work on a ‘fire hazard’. Jess checked online again, and found that the machine had been added to the list. On contacting Hotpoint she was told that the list had been updated.

Check online to be sure

I’m urging anyone who bought their machine and was told that their machine was safe to check again online on the Indesit and Hotpoint safety sites (Creda owners can check via the Hotpoint site) to see if their machine has now been added. “It is shocking and reprehensible that Whirlpool seems to have such a poor regard for safety. Why haven’t they kept records of people who have contacted them and done more (or anything!) to raise awareness that models have been added to the list? This in conjunction with all the other evidence against them regarding their slapdash attitude beggars belief.”

Coroner’s report

This latest revelation follows on from the coroner’s report, published on 31 October 2017 into the deaths of Bernard Hender, 19, and Doug McTavish, 39, who died in a flat in Llanrwst, Conwy county, in October 2014. The coroner, David Lewis, said that the fire was caused “on the balance of probabilities” by an electrical fault with the door switch on the dryer. Describing the evidence presented at the inquest by Whirlpool as “defensive and dismissive” he stated the company’s approach was an “obstacle” to finding steps to prevent future fires. He called on the company to take action to prevent future fires. Whirlpool has until 26 December 2017 to respond.

Fire Whirlpool The tumble dryer story without the spin

 

Whirlpool – The tumble dryer story without the spin

How to challenge terms & conditions (even those you’ve agreed)

How to complain about Terms and Conditions

The One Show today covers Terms and Conditions. Who reads them? Would you follow them if told?

There are pages and pages of small print. How many of us tick the box that says “Agree to terms and conditions”, only to fall foul later when we need to complain?

 

The Government thought so too and there was a call for evidence from the Department for Business, Innovation & Skills for consumers to provide feedback regarding their experiences. The open consultation ended on 25 April 2016 but there is still no response. I’ve requested details of when this will be forthcoming but as yet not heard anything.

So what can you do in the meantime if you feel that the terms and conditions you agreed to actually turned out to be unfair? Don’t worry, all is not lost!

Consumer Rights Act 2015 and unfair contracts

The Consumer Rights Act 2015 (CRA) creates a ‘fairness test’ to stop consumers being put at unfair disadvantage. A term is unfair if it tilts the rights and responsibilities between the consumer and the trader too much in favour of the trader. The test is applied by looking at what words are used and how they could be interpreted. It takes into consideration what is being sold, what the other terms of the contract say and all the circumstances at the time the term was agreed. There is an exemption for the essential obligations of contracts – setting the price and describing the main subject matter – provided the wording used is clear and prominent. There is also an exemption for wording that has to be used by law. If you have been misled into making a decision that you would otherwise not have made then the company is in breach of this law.

The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014) (CPUTRs)

For a practice to be unfair under these rules, they must harm, or be likely to harm, the economic interests of the average consumer. For example, when a shopper makes a purchasing decision he or she would not have made had he or she been given accurate information or not put under unfair pressure to do so.

The regulations prohibit trading practices that are unfair to consumers. There are four different types of practices covered:

A general ban – on conduct below a level which may be expected towards consumers (honest market practice/good faith).

Misleading practices  a practice misleads through the information it contains, or its deceptive presentation, and causes, or is likely to cause, the average consumer to take a different transactional decision specifically; general misleading information, creating confusion with competitors’ products or failing to honour commitments made in a code of conduct.

Aggressive sales techniques using harassment, coercion or undue influence– significantly impairs, or is likely to significantly impair, the average consumer’s freedom of choice or conduct in relation to the product through the use of harassment, coercion or undue influence – and  thereby causes him to take a different transactional decision.

31 specific practices (that would be two long boring pages of  post! It is pretty thorough though and all of them are listed in the book ). 🙂

How to use the law to get out of unfair contracts

Say for example, your mobile ‘phone is constantly losing signal and you can’t use it like any customer would want to, that is a breach of the Consumer Rights Act 2015 because it has not supplied you with services carried out with reasonable skill and care and you have every right to terminate the contract. If however, the company tells you that in the terms and conditions of the contract that you signed, you can’t break a contract early under any circumstances, that’s a breach of the above laws, because they have not kept to their side of the bargain! In fact, the telecoms sector is downright awful for customer service so here is some more advice on them. All you need to know about complaining to telecom providers.

Another example. You were told that you could have a free cup of coffee and cake for giving your email address. You signed up. You had your coffee and cake they then tell you that in the terms and conditions you have to clean the floor. You argue that you didn’t know but they say “It’s in the terms and condition”. Tough. For them. Under the CRA it could be an unfair contract, because cleaning the floor could be considered as worth more in payment than the coffee and cake (maybe it would depend how big the floor was?!) But under the CPUTRs it is a big fat breach. You would argue that you were misled into giving your email address.

Further help with complaining about unfair contracts

When you complain use the Top 20 Tips to complain effectively

Think before you sign – top 10 tips for saving on subscriptions

Terms & Conditions The One Show

To keep up to date with the latest information about consumer rights sign up to the newsletter. You won’t be bombarded with emails because I can’t be bothered to set up all those automatic weekly things trying to sell you Stuff! I probably only get round to doing a couple a year!

 

For more information, advice, tips, consumer laws and template letters covering the majority of issues you might incur with most sectors  GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

 

Terms & Conditions The One Show