Do I’ve to pay for repairs to a washer I purchased solely two years in the past? DEAN DUNHAM replies

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

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

H.W., via email.

The Consumer Rights Act 2015 provides 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. As you purchased the washing machine more than six months ago, the burden of proof (meaning who has to prove the issue is a manufacturer’s fault and not misuse or wear and tear) falls on you.

For this you could use the services of a local engineer to give you an opinion on the cause of the problem, or you may be able to find evidence online that the problem you have experienced is common for the machine brand and model, in the likes of consumer chat rooms.

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

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

If you get a ‘no’ from the card provider for 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 was scraped when parked in a cinema car park while I was watching a film. I want to find out who did it so I’ve asked to see the CCTV footage, but the cinema manager is dragging his feet. 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 that contains your personal data (i.e. your image).

To obtain the footage you need to send a subject access request, setting out the date, time and location of the incident so that the entity or person in possession or control of the CCTV at the cinema can identify the relevant footage that you require. 

Note that, following such a request, you are entitled to a response within one month.

However, there are some exemptions to the requirement to release such footage, most notably where the footage includes other identifiable individuals where they cannot be redacted or their faces blurred.

In addition, an image of a car and its number plate is also considered personal data, if it can be combined with other information that allows for the identification of the owner.

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

In these circumstances you could instead ask the cinema if you could simply view the footage without obtaining a copy, but it may still say no.

If you do 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, which provides the cinema with a legitimate reason to release it.

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

If there had been no reasonable grounds for the cinema to reject your request, your next step would have been to escalate the matter to the Information Commissioner’s Office, but that’s not the case in these circumstances.