0n 27th August 2020 purchased a front laoder washin machine Simpson model no SWFDOWA8025 from Betta Homes an Livind

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Customer: Good morning 0n 27th August 2020 purchased a front laoder washin machine Simpson model no SWFDOWA8025 from Betta Homes an Livind Rockingham i have been away for 2 weeks on my return noticed front door is leaking have having to mop after each wash also often cloths have not been drained or spin cycle not working properly not had even a month I find this not acceptable and feel there will be ongoing problems would I be e titled to an exchange other than repairs I am on disability support and often have falls I can't afford to purchase another washing machine or to have a fall I am at my wish end could you please advise what are my rights regarding this I have never had to contact consumer affairs in the past as most companies have done the right thing not all how ever most times I don't need the worry or stress the purchase was under the name of Stephen Langan INV 324###-##-####I would appreciate any advice regards ***** ***** 0487 771 822
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: Western Austtalia
JA: Have you contacted the seller or manufacturer?
Customer: The seller who said they will see if Simpson are going to repair or let them repair I would like a replacement as faulty so early
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I just am not sure what I can do I don't wish to deal with on going problems with machine it is far to stressfull for me I used to.have a good job this has all changed with illness and of course finances have also changed just becomes to much to deal with washing machine problems
Answered by John Melis in 12 mins 2 years ago
John Melis
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

John Melis
79040 Satisfied customers
10+ years of experience
John Melis
10+ years of experience

79040 Satisfied customers




31,131 Satisfied customers

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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

You can seek resolution in the following way and claim compensation as well.

I recommend that you file a claim as soon as possible.

What you need to do is issue a formal complaint in writing to the other party, seeking an assessment/review on the matter, and that you require a response within 7 to 14 days subject to your requirements.

Make sure you enclose al factual evidence you have with the correspondence that you send to the other party.

When you draft this correspondence make sure it is in chronological order that is by listing with numbers example; one, two, three, etc.

The more detail you provide it will assist in resolving the specific matter in a timely way.

Where no response is received and you have reviewed the conditions carefully on the agreement if there are any, and you are still not in satisfied with the situation that is occurring, you can then raise a claim in the Tribunal or Court.

There are three steps you may take with this important matter.

1. issue a formal complaint in writing to the company and if they refuse then follow step two;

2. Where the company has refused to assist you, the next step is to write s formal complaint to the ombudsman, but this can be a lengthy process. If you are not able to wait out the time, you can follow step 3.

3. You will have a claim under the Australian Consumer Law based on the facts that you have described and you will be able to claim compensation. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2.

The company warrants that goods or service are acceptable for their use/service.


a. Goods must be of acceptable quality

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.


a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

The company has several options they can provide where goods or services have not meet the requisite standard. The company can either repair, replace, refund, or compensate.

What you need to do is to write a formal complaint to the other party. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be be numbered with points 1, 2, 3, etc. with each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 7 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 7 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in the local court.

The following link will assist you further.

https://www.magistratescourt.wa.gov.au and www.districtcourt.wa.gov.au

You can lodge this claim directly on their website. The key element of the claim is the points claim that details the matter, This application point will need a little time to prepare the facts, and I recommend that you download the application first, review, fill it out, and then when you are ready lodge the same online

You may also have a claim of misleading conduct by the seller, under section 18 of the Australian Consumer Law. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

The company cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Would you like to try this option of the complaint first.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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