Do I have to pay for repairs on a washing machine I bought just two years ago? DEAN DUNHAM responds

My two-year-old washing machine has stopped working and the seller says I will have to pay for the repair, which I do not agree with.

I made a Section 75 claim with my card provider but it was rejected because they say there was no breach of contract.

HW, by email.

The Consumer Rights Act 2015 states that if goods are faulty, the trader must provide you with a free repair, replacement or refund, unless the problem was caused by your own misuse or general wear and tear.

This right under the Consumer Rights Act becomes part of your contract under what is known as an implied term.

This is important, as I explain below. Since you purchased the washer more than six months ago, the burden of proof (i.e. who has to prove that the problem is the manufacturer’s fault and not misuse or wear and tear) falls on you.

For this, you can use the services of a local engineer to give you an opinion on the cause of the problem, or you can find evidence online that the problem you have experienced is common for the make and model of the machine, such as parlors. chat for consumers.

If you can prove that the problem is the manufacturer’s fault, this shows that there has been a breach of contract on the part of the retailer; Remember the implied term of the contract that you will be entitled to a free repair, replacement or refund if the washing machine is defective, which you have been denied.

You should then go back to the card provider and explain that there is a breach of contract and how it has occurred, as a result of the Consumer Rights Act.

If you receive a ‘no’ from the card provider a second time, your next step will be to lodge a complaint with the Financial Ombudsman Service (financial-ombudsman.org.uk).

Can I request CCTV to see who damaged my car?

My car got a scratch when I was parked in a movie theater parking lot while watching a movie. I want to know who did it, so I asked to see the CCTV footage, but the cinema manager is delaying. What are my rights?

T.S., Canterbury

Under a law known as the Data Protection Act 2018, you have the right to request access to CCTV footage containing your personal data (i.e. your image).

To obtain the images, you must send an access request to the subject, stating the date, time and location of the incident so that the entity or person in possession or control of the CCTV in the cinema can identify the relevant images they need.

Please note that after such a request you have the right to a response within one month.

However, there are some exemptions to the requirement to post such images, particularly when the images include other identifiable people and cannot be edited or their faces blurred.

In addition, the image of a car and its license plate are also considered personal data, if they can be combined with other information that allows the owner to be identified.

Of course, in your situation, you are looking for the footage to see specifically who damaged your vehicle, so the theater will have a valid reason to deny your request.

In these circumstances, you could ask the theater if you can simply watch the footage without getting a copy, but they may still say no.

If you hit this brick wall, your only other option will be to report the matter to the police, as they can then request a copy of the footage as part of their investigation, giving the cinema a legitimate reason to release it.

If the police say they cannot help, you may want to remind them that under section 170 of the Road Traffic Act, it is a criminal offense to leave the scene if you crash and damage a vehicle, and this is precisely what what has happened here. .

Had there been no reasonable grounds for the cinema to reject his application, his next step would have been to escalate the matter to the Information Commissioner’s Office, but that is not the case in these circumstances.