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    • WALK9763
    • By WALK9763 12th Jul 17, 5:39 PM
    • 8Posts
    • 0Thanks
    Problem with GoAssist
    • #1
    • 12th Jul 17, 5:39 PM
    Problem with GoAssist 12th Jul 17 at 5:39 PM
    Hi - I'm new to this forum - hope somebody can help.
    I rang GoAssist on 19 June and they gave me a fixed price repair for my fridge freezer which I paid. (approx £350)
    The engineer came out, examined the item, went away and a few days later I got an email saying that the cost of the parts was over the £200 limit and I needed to pay another £200 approx). I decided to do this as it is a very good fridge freezer .....
    "Two weeks later I hadn't received any calls to say that the parts were in and the engineer was ready to fit them and even though I emailed twice informing that I hadn't received any calls nothing happened.
    Eventually I rang up and asked to cancel the whole order. I was told that somebody from the cancellation department would be in touch - but nobody got in touch. I then had a look at the terms and conditions and saw an item saying that if parts had been ordered I wouldn't be eligible for a refund
    I rang again today and explained to the customer service department about the lack of communication and she promised to look into it. She then emailed me back and told me that some of the parts were due in on the 27th July and that the engineer would be in touch to come and get them fitted. This is bonkers! We've been without a freezer for nearly a month now!!
    In addition the lady in customer services told us that it was the ice crusher that was out of stock - yet our ice crusher is working!! I emailed GoAssist and asked them to cancel the parts that were on order but out of stock and refund my money - but (surprise surprise) they haven't been back to me.
    I want to cancel the whole order and get my money back so that I can use somebody else ....
    Do I have a leg to stand on? I could be waiting a year for the parts - surely this can't be right!! And I think the engineer's pulling a fast one but I can't find out unless I pay for another company to come out and check the item.
    Could anybody give me any advice please?
Page 1
    • unholyangel
    • By unholyangel 12th Jul 17, 8:06 PM
    • 11,150 Posts
    • 8,401 Thanks
    • #2
    • 12th Jul 17, 8:06 PM
    • #2
    • 12th Jul 17, 8:06 PM
    Definitely something not right with them - they seem to think the consumer contract (information, cancellation & additional charges) regulations 2013 don't apply to them.

    It also sounds from their website as if the contract is formed over the phone/via distance rather than in your home.

    13.—(1) Before the consumer is bound by a distance contract, the trader—

    (a)must give or make available to the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and in a way appropriate to the means of distance communication used, and
    (b)if a right to cancel exists, must give or make available to the consumer a cancellation form as set out in part B of Schedule 3.
    (2) In so far as the information is provided on a durable medium, it must be legible.

    (5) If the trader has not complied with paragraph (1) in respect of paragraph (g), (h) or (m) of Schedule 2, the consumer is not to bear the charges or costs referred to in those paragraphs.
    Confirmation of distance contracts

    16.—(1) In the case of a distance contract the trader must give the consumer confirmation of the contract on a durable medium.

    (2) The confirmation must include all the information referred to in Schedule 2 unless the trader has already provided that information to the consumer on a durable medium prior to the conclusion of the distance contract.

    (3) If the contract is for the supply of digital content not on a tangible medium and the consumer has given the consent and acknowledgment referred to in regulation 37(1)(a) and (b), the confirmation must include confirmation of the consent and acknowledgement.

    (4) The confirmation must be provided within a reasonable time after the conclusion of the contract, but in any event—

    (a)not later than the time of delivery of any goods supplied under the contract, and
    (b)before performance begins of any service supplied under the contract.

    Now there is an exemption from the right to cancel for urgent repairs or maintenance - but they can't rely on that exception as urgent repair/maintenance would need to be immediately performed, with a view to the safety/security of the property. They can hardly argue its an "urgent" repair and then give themselves 10 weeks in their T&C's to perform that repair. Either its urgent or its not, they can't have it both ways.

    They may be able to deduct a charge for services already performed (the call out) but only if they complied with the above provisions (giving you all the necessary information in a durable medium before provision of the service began), if not then they can't charge you anything and need to refund in full.

    Btw £350 seemed quite expensive for a repair - £550 (if i understood your post correctly) seems even worse. How much did you pay for your FF and how long ago if you don't mind me asking? Even if you paid £600 5 years ago, you'd be better off buying a new FF than repairing. As a general rule, anything electrical you buy now will be better than something you bought x years ago for the same price. American FF's are a good example - were around £2000 when they first started coming over here, now you can get them from around £500+. That £550 you paid only comes with a year guarantee on their work - while purchasing a new one, you'll have a new manufacturers warranty of at least 1 year along with a period of 6 years from purchase or 5 years from discovery (depending whether england or scotland) in which to take action against the retailer.
    Money doesn't solve creates it.
    • WALK9763
    • By WALK9763 13th Jul 17, 9:11 AM
    • 8 Posts
    • 0 Thanks
    • #3
    • 13th Jul 17, 9:11 AM
    • #3
    • 13th Jul 17, 9:11 AM
    Thanks for your reply unholyangel (although it doesn't make a whole lot of sense to me). YES - £550 is a lot to pay but the fridge freezer would be over £2K to replace ...... and as we're getting a new kitchen fitted next year we didn't want to buy a new one now that may not fit .....
    I did actually think of buying a cheap new one but that wouldn't fit in the hole where this one goes ....
    I'll give them a ring and give it a go!!
    • WALK9763
    • By WALK9763 2nd Aug 17, 11:39 AM
    • 8 Posts
    • 0 Thanks
    • #4
    • 2nd Aug 17, 11:39 AM
    • #4
    • 2nd Aug 17, 11:39 AM
    So I have an update - after waiting a month the engineer finally turned up today to fix our fridge freezer. Upon opening the parts up he discovered that the wrong part had been ordered. As a result he has taken ALL the parts away (shelves, motor etc) and has made no repair - this is their policy.
    Do I now have any recall - surely we must be entitled to our money back now - we're still without a freezer - we've paid around £600 and our fault still isn't fixed .....
    If I have to get a solicitor involved I will but some advice would be great.....
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