The Money team is answering your Money Problems as part of our Consumer Rights Week…
I’ve used my £350 Dyson fan for approximately one hour a night over seven months and the remote control has stopped working. It is out of warranty. I spoke to Dyson’s customer services and they said they could arrange for a courier to collect the unit at a cost of £99. If it was unable to be fixed, they said I would be given a voucher to buy a new fan with 25% off.
Jacqueline Medcalf
Here is what Money blog editor Jimmy Rice has to say on this one…
Thanks for getting in touch, Jacqueline.
The warranty fob-off is one of the most frustrating things we hear about. Retailers and manufacturers use it all the time, but the reality is you’re covered for six years (or five years in Scotland) by the Consumer Rights Act 2015.
The CRA requires products to be fit for purpose, as described, of satisfactory quality and to last a reasonable length of time.
The test with any product is what would a reasonable person expect. Dyson is a high-end brand that markets itself as providing state-of-the-art tech to homes across the world.
“Like everyone we get frustrated by products that don’t work properly,” boasts founder James Dyson on the company’s website. “As design engineers we do something about it. We’re all about invention and improvement.”
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With this context, any reasonable person who’d paid £350 for a fan would, with a fair breeze, expect it to last for the full six-year period cited in the legislation.
After you emailed, I spoke to Dyson to try to find a resolution on your behalf. I’ll come to that at the end of this post, but let’s imagine you’re on your own with this and being ignored: what can you do?
How long has passed?
You’re clearly past this now but…
You have a short-term right to reject faulty goods and get a full refund within the first 30 days, as long as the product hasn’t been misused. After this, any faults found within the first six months are considered to have been there at the point of purchase. The burden of proof is on the retailer to show otherwise.
After 30 days, any faults found within the first six months are considered to have been there at the point of purchase. The burden of proof is on the retailer to show otherwise. This entitles you to a repair or replacement. If the item can’t be repaired, you can ask for a refund.
You were past both of these junctures when your issue arose.
Once six months has passed, the onus is on you to prove the fan was sold with inherent faults when you bought it.
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It’s frustrating that the law doesn’t offer any suggestions on how to do this.
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You told us in the email that you’d spoken to an expert from Dyson who you say acknowledged the issue – that’s a good starting point.
You’d also done some research by looking at Dyson’s Trustpilot reviews – I looked and was surprised at the company’s 2.6 average.
These kinds of sites – Google reviews too – are a great resource to find people who’ve had similar issues, which can help to build your case that there’s an inherent fault.
Another route would be to get an independent expert to inspect the item and put their views in writing.
But Dyson has acknowledged the issue, as you say, so you don’t need to do any more research. In your case, you need to be persistent in not being fobbed off.
The law says you are entitled to one free repair – you shouldn’t be charged for delivery. If that repair fails, you are automatically entitled to a partial refund or replacement, though a retailer may make a “fair use” deduction based on the estimated lifespan of the product.
If they still won’t budge
You are past the 120-day limit for raising a chargeback if you paid by debit card, but if you paid by credit card, you could make a Section 75 claim under the Consumer Credit Act 1974 as the card provider is jointly liable for a “breach of contract” under the Consumer Rights Act 2015.
We’ve covered Section 75 extensively – find out more here…
Small claims
If all else fails, you could take your case to the small claims court if it is in England, or follow the Simple Procedure in Scotland.
Consumer disputes expert Scott Dixon advises: “Before you file a claim, send screenshots of the draft court papers setting your case out and demanding a refund within seven days.
“This may resolve the dispute. If it does not, you can proceed and file the small claim papers online.”
Dyson’s U-turn
Thankfully, in this case a call to the Dyson press office was enough to prompt a satisfactory resolution
A spokesperson told me: “We’re sorry to hear that Mrs Medcalf experienced an issue with her Dyson machine, but grateful for the chance to put things right.
“All Dyson Environmental Care machines come with a two-year guarantee covering repair or replacement, and are built to last, backed by years of research, development and rigorous testing.
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“While this particular machine was outside its warranty period, we regret that Mrs Medcalf experienced this issue, and so we have arranged a complimentary repair so she can continue to enjoy her Dyson product.”
We clearly can’t intervene in every case we get sent – but with all the advice above, readers should be able to tackle the warranty fob-off head on.
This feature is not intended as financial advice – the aim is to give an overview of the things you should think about. Submit your dilemma or consumer dispute via:
