My energy supplier says my traditional electricity meter has come to the end of its life and must be replaced. The meter is 35 years old, but is working fine and has no faults.
The firm says I must upgrade to a smart meter, but I don’t want to. Can I just ignore its requests?
K.K., via email.
Dean Dunham replies: Your supplier is correct that your meter needs replacing. All meters are certified for accuracy and safety for a limited lifespan – often about 20 years. Once that period expires, the supplier is legally obliged, under regulator Ofgem’s rules, to either test or replace it.
At 35 years old, your meter is well beyond the usual certification period. However, what your supplier cannot do is force you to have a smart meter installed. The Government’s rollout is based on consumers being ‘offered’ one, not being compelled to accept one.
You should make it clear to your supplier that you are not refusing a new meter, only that you do not want smart functionality.
The company then has two options – first, it could provide a traditional replacement, though this is unlikely.
More probable is that it will install a smart meter with the communication element disabled, so it is not sending data about your usage back to the supplier. This is often referred to as being in ‘dumb mode’. Some suppliers may argue that this is not possible, but it is, and they must allow it if you ask.
If the company refuses your request, put your position in writing and follow its complaints process. If it remains unresolved after eight weeks, you can escalate your complaint to the Energy Ombudsman, which has the power to order a fair resolution.
I bought a washing machine for £700 but, after just six months, the rubber seal has ripped and it is leaking water.
It came with a two-year warranty, but when I called the store which I bought it from it said the seal wasn’t covered.
However, it also says that if I buy a seal from the manufacturer and replace it myself it will void the warranty. How can that be fair?
L.C., London.
Dean Dunham replies: The crucial point here is that your key consumer rights do not just come from the warranty – they are set out in the Consumer Rights Act 2015. This states that goods must be of satisfactory quality, fit for purpose and as described.
As part of this they must be suitably durable. A washing machine that develops a serious fault such as a ripped seal and leak within six months is unlikely to meet that test. Because the problem arose in the first six months, the law presumes the fault was present at the time of purchase, unless the retailer can prove otherwise.
This means the responsibility lies with the retailer, not the manufacturer, and certainly not you as the consumer.
So, unless it can prove it was you that caused the issue with the seal, you will now be entitled to a repair or replacement of the seal at no cost.
The warranty is separate and in addition to your statutory rights. A trader cannot avoid its legal obligations by saying ‘it’s not covered’. Even if a warranty excludes seals, the Consumer Rights Act does not.
The retailer also cannot insist you deal with the manufacturer. Your contract is with the trader that sold you the machine and took your money.
Finally, you are absolutely right to be cautious about replacing the seal yourself, as doing so could indeed void the warranty.
You should put your position in writing to the retailer, quoting your rights under the Consumer Rights Act, and request a free repair or replacement.
If it refuses, escalate your case to its formal complaints process and ask if it is a member of an alternative dispute resolution scheme, such as Retail ADR or the Dispute Resolution Ombudsman. You can take your complaint to the next stage if it subscribes to one of these schemes.
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