Recurring faults - consumer rights?

blueberrypie

Briefly:

Sept 2007: purchased a side-by-side fridge-freezer with ice-dispenser from Currys. £650, paid by credit-card.

May 2008: ice-crushing mechanism began to jam regularly (requiring the entire ice-drawer to be removed, emptied, freed and replaced)

June 2008: Currys sent out an engineer who took one look, said it's common for the mechanism which crushes the ice to become bent and then jam. He ordered a replacement part (the whole ice-drawer - it comes as one part with the mechanism).

Feb 2009: The fault has recurred.

Emailed Currys, got an email back saying no free repair as it's not under warranty. They're actually wrong on this - the warranty is two years, so that ends in September 2009. And I will be telling them so. But...

Where do we stand with a recurring fault like this? If the mechanism is replaced now and breaks again in October (just out of warranty), I have no doubt that they'll try to fob us off with the "out of warranty" line. I know that at that point I could still wave the SOGA at them, but do we have any choice about accepting a repair now? Could we insist on a refund (especially given that it's a known issue, according to the engineer) or a replacement fridge (I would not want the same model/brand)? Would it be better for us to insist on that now, rather than arguing over it again and again?

Meepster

It's not a Samsung by any chance is it?

blueberrypie

mwilletts wrote: »

It's not a Samsung by any chance is it?

No, it's LG.

Colliefrog

Currys again, there's a surprise!!

I think you would be extremely lucky if you managed to get a refund/replacement. Do you have the 2 year guarantee on paper? Maybe you could e-mail a copy of that to them and remind them that they are in breach of it? Or maybe you would have better luck giving them a call, or pop into the store where you purchased it.

Perhaps send this guy a message... http://forums.moneysavingexpert.com/member.html?u=642335. He works for Currys and claims he gives exceptional service. Put him to the test and see if he can sort something out for you!

bookworm1363

Under SOGA, they have the right to make good the problem (repair), but it has to be within causing "minimum" disruption to the consumer.

You could argue that having the same problem over and over again is going to be beyond what can be construed as reasonable, and that you want a different remedy, ie refund or replacement. Bear in mind that if you get a refund, it will not be for the total price, as they are entitled to deduct a porportion of the time and use you have had of the unit. So for an item that could expected to last say 10 yrs, if it only lasts 2, they could reasonably deduct 20% of the price paid. Does that make sense?

The warranty is in addition to and does not supersede your statutory rights, so if they try that, don't let them fob you off, regardless of any 1, 2 or however many yrs warranty , you are still entitled to expect an item of this price and quality to last more than 2 yrs. Stand your ground, you are 100% in the right on this.

bookworm1363

Oh, and forward a copy of the e-mail where they tell you you are not entitled to free repairs as over 1 yr old to TS, pointing out that Currys are deliberately trying to reduce your statutory rights. The more people report these unlawful actions, the sooner these companies can get stopped. Grrr.

blueberrypie

bookworm1363 wrote: »

You could argue that having the same problem over and over again is going to be beyond what can be construed as reasonable, and that you want a different remedy, ie refund or replacement.

Yes, that's what I was thinking. I really don't want the hassle of having to get this part replaced over and over - nor do I want the inevitable battle with them once it's outside the two-year warranty.

Bear in mind that if you get a refund, it will not be for the total price, as they are entitled to deduct a porportion of the time and use you have had of the unit. So for an item that could expected to last say 10 yrs, if it only lasts 2, they could reasonably deduct 20% of the price paid. Does that make sense?

Yes, and I am aware of that. But then if I wait another year they could deduct 30%...

The warranty is in addition to and does not supersede your statutory rights, so if they try that, don't let them fob you off, regardless of any 1, 2 or however many yrs warranty , you are still entitled to expect an item of this price and quality to last more than 2 yrs. Stand your ground, you are 100% in the right on this.

I know :-) - I'm just trying to figure out the best way to approach the situation.

It seems I've two options:

1) I could simply email them today and say "actually it *is* still under warranty" - and the engineer would come and replace the part again - but I think we can assume we'll have the same problem in another few months, by which time it probably *will* be out of warranty, which can only complicate matters (in terms of getting the problem sorted out).

2) I could say *now*, "This is not fit for purpose, it has not lasted a reasonable length of time and this appears to be an inherent fault", and insist on a replacement (of a different brand) or a refund.

Opinions?