Faulty goods - fridge freezer

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faith0203

New Member
Oct 2, 2008
2
0
0
Hi

I was wanting some advice about a faulty fridge freezer, basically it has stopped working, the fridge is not cold and the freezer has totally defrosted and it has ruined all of our food.

I went to the shop today and they have said that they will arrange for an engineer to come and the first time they can get someone to us is next Thursday.

The freezer is six months old in three days time.

Firstly, is it acceptable for us to have to wait a week before they even come to look at it. Secondly, can we not ask for a replacement? It does not fill me with confidence if a fridge freezer has gone wrong already. Lastly, can we make any claims against the company we bought it from for the money we have lost for our ruined food.

Any advice would be appreciated.

Thanks
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi Faith,

This is terrible. The Sale of Goods Act says that there should be minimum inconvenience and within reasonable time. This depends on the product and in the case of a fridge you would expect it to be within 48 hours.

Phone them first thing in the morning telling them that "time is of the essence" and if a fridge is not provided within 48 hours you will be buying a new one and claiming the cost back through the small claims court.

You should follow this up with a letter stating the same. In this day and age an e-mail will suffice.

If you bought the product using a credit card and it cost more than a £100 they have equal liability - The Consumer Credit Act 1974 | Consumer Information

Best wishes

Tony

BTW Don't be afraid to name and shame the company in question. My guess is that it is either Currys or Comet.
 
F

faith0203

New Member
Oct 2, 2008
2
0
0
fridge freezer

Hi

I have said what you advised and I am having no joy and to be honest am so angry about the whole thing.

It is still thursday for an engineer, they have put me on a cancellation list but there is no guarantee anything will come up. Also, who's to say they can fix it on Thursday?

I also advised that I am going out to buy a new fridge freezer and they said that there is no way I would be able to claim it back.

The store is Comet, and their customer service is disgusting, the shop fobbed me off, the call centre pass me from one person to another and to be honest their head office are the most rude people I have come across. It frustrates me because I work in the same industry, I am the manager of a team who dispatch engineers and I know I would do everything within my power to help a customer out.

Anyway, sorry for the rant. Have you anything else you can suggest or do I just have to admit defeat and wait till Thursday!?!

Thanks
 
G

GlasgowGirl

Facilitator
Jul 22, 2008
287
0
0
That's really pretty poor. According to the Citizen's Advice Bureaux, you can,

"ask for a repair or replacement at any time up to six years after you bought the goods (five years in Scotland), as long as it is reasonable for them to have lasted this long."

I think it is certainly reasonable for a fridge to have lasted six months! I'd also suggest checking your guarantee - what did they say they would do?

I think the best thing to do might be to try one more time to explain, referring to the Sale of Goods Act, that it is not reasonable to leave you without a fridge until Thursday. If you haven't already been doing so, start keeping notes of every conversation you have with them. To be honest, I'm not sure I'd have the nerve to buy a new fridge and bill them for it - you might end up having to go to court to get them to reimburse you and that could be costly and time-consuming. But if you do, write to them first to tell them your intentions, and then write to them again with the bill.
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
We have our own guide here which I guess you have seen - Returning Faulty or Damaged Goods | Consumer Information

This is a quote from the above article:

In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience
Click to expand...
This is from section 48 of the Sale of Goods Act - Sale of Goods Act 1979 (c. 54)

GG's advice is good and Comet know that most people won't bother to go down the legal route - they are playing a game or perhaps the people you spoke to are poorly trained and do not know the law.

Anyway, personally I would give them one more chance. If they won't loan you a fridge or send round an engineer immediately I would buy another one and claim the money back through Money Claim Online. There are no guarantees of course.

Making a Small Claim | Consumer Information

Let us know how you get one

Tony
 
C

cjmarcantonio

New Member
Jan 20, 2009
18
0
0
GlasgowGirl said:
That's really pretty poor. According to the Citizen's Advice Bureaux, you can,

"ask for a repair or replacement at any time up to six years after you bought the goods (five years in Scotland), as long as it is reasonable for them to have lasted this long."

I think it is certainly reasonable for a fridge to have lasted six months! I'd also suggest checking your guarantee - what did they say they would do?

I think the best thing to do might be to try one more time to explain, referring to the Sale of Goods Act, that it is not reasonable to leave you without a fridge until Thursday. If you haven't already been doing so, start keeping notes of every conversation you have with them. To be honest, I'm not sure I'd have the nerve to buy a new fridge and bill them for it - you might end up having to go to court to get them to reimburse you and that could be costly and time-consuming. But if you do, write to them first to tell them your intentions, and then write to them again with the bill.
Click to expand...
The sale of goods act i think should cover you on that.
Repaircare do a pretty good repair job, get them to cover the cost of it. Get them to reimburse you as said above.
 
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