A Small Claims Question

[DaRube]

My wife and I own a condo which we rent out. Back in June, the 14 year old washing machine died, and we purchased a new unit from an appliance store "M". We paid by credit card.

Three weeks after delivery, the new unit failed. We called the manufacturer "W", asking them to repair or replace under warranty. They assigned our case to their local warranty service contractor, "A".

"A" has proven to be totally incompetant. The first technician made a diagnosis and ordereed parts, which took 2 weeks to arrive. Another fellow was scheduled to install the parts, showed up without them, because the parts had not arrived at the warehouse, and his ticket did not indicate that parts were needed (he thought he was going to diagnose). The third serviceman brought the parts, but reached the conclusion that the problem had been misdiagnosed the first time, and different parts were needed. Then there was one serviceman who didn't show up as scheduled because it was the end of the day and he had run late on prior appointments. Then one guy shows up, installs the second set of parts, and the machine still doesn't run.

For each of these appointments, my wife, or our tennant, has had to leave work to wait for the technician (and they are never precise about their arrival time, of course).

We have asked manufacturer "W" to send us a new machine, rather than repairing this one. However, they have insisted on continuing to go the repair route.

We are now ready to pursue the small claims route. The question is .... WHO do we file the claim against? Seller, Manufacturer, or Repair Contractor. And can we get anything for our time and annoyance?

Any other ideas we should consider here, short of "going postal"?

The jurisdiction for this case will be two states - the state of Virginia, and the state of utter frustration.

Thanks!!

 

[HalseyGreen]

I'd say the manufacture, he's the one who made the machine and provides the warranty. But, before filing, go back to the dealer and plead your case, he just may replace the machine based on its down time and he can return it to his distributor and it will eventually get back to the manufacturer.

 

[Von]

Sounds like the washing machine my wife and I got a few years ago! they changed almost every part in it, other than the outside case! It was sold as the new "quiet model" sounded louder than the tractor at high idle! Last repair was a new $10.00 hose that the design was changed on. They came out to the house 8 times. It would have been cheaper to replace the unit, but they insisted on fixing this one. I got them to extend the warranty for three extra years due to all the repairs. They just kept changing parts untill they got the right one! I called the states Att. gen. to see if there is a lemon law on washers, like there is on cars, but I had to give them a chance to fix it as many times as it took. We could still use it, but it was just loud some of the time. So we were never without it. Good luck with it.

 

[Hank]

<font color=blue>from an appliance store "M". We paid by credit card.</font color=blue>

I don't know the time limits for this avenue, but I had success once in the past by disputing a credit card charge. With full documentation (as it sounds like you have), you appeal to the credit card company and they suspend the credit to the merchant until it is resolved. This places a defininte impetus on the original merchant to help get it resolved.

 

[Mike_Dumond]

"The question is .... WHO do we file the claim against? Seller, Manufacturer, or Repair Contractor."

I think you'll find, that the most reliable way is to file against all of the above, and let the judge sort out the final decision.

If you go for one only, and the judge decides it's not their fault, it just brings you back to the starting point.

 

[Anonymous Poster]

You are trying to simplify a complex situation, and courts all discourage simplification (just watch a trial).
Your claim is against the seller, he took the money directly from you.
An easier route might be to contact the charge card company, they are often friendlier to their customer (you) than courts will be.
Lastly, you are not entitle to claim against anyone for loss of income, because, your time spent meeting with repair people is considered your routine cost of doing business.

You could try the sneaky route here, send the seller and service provider bills for your time they have wasted. Wait 90 days, and if neither of them sends you a letter of response contesting your bill, you could sue under the principle of "account stated". If the small claims court in your neighborhood is consumer friendly, that might work for you.

 

[frank_f15]

i think i would have tried the the store first, but with the problems u are having it may be necesay to include them all in the claim,and let the court decide,ifu need to go that route. don't that tick u off tho?

 

[Gary_in_Indiana]

Go to the same store. Buy the exact same machine. Take it home and unbox it. Put the problem machine in the box and return it the same day. You have a new (hopefully) working machine and the store has the one back that you want them to have back.

It's not perfect, but it'll work at a box xtore. Good luck. /w3tcompact/icons/smile.gif

 

[DocHeb]

This is why I'll never buy an opened box item from these stores. Something will be wrong, or some small part will be missing.