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SOGA and faulty fridge freezer
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dboswell
Posts: 309 Forumite
my new fridge freezer broke down after 6 weeks.
the retailer arranged for the manufacturer to repair the item, but after two failed visits the retailer has replaced the item.
am I able to claim the following
a) lost of food resulting for the appliance's failure, which comes to approx £60?
b) 14-days of inconvenience for my family in August to be appliance less. One member of my family is on eye drop medication that is directed to be kept at fridge temperature?
c) 3-days off work waiting for a repair and then the replacement?
the retailer arranged for the manufacturer to repair the item, but after two failed visits the retailer has replaced the item.
am I able to claim the following
a) lost of food resulting for the appliance's failure, which comes to approx £60?
b) 14-days of inconvenience for my family in August to be appliance less. One member of my family is on eye drop medication that is directed to be kept at fridge temperature?
c) 3-days off work waiting for a repair and then the replacement?
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Comments
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You should be able to claim the food loss from your household insurance. The rest, I doubt it.0
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There is scope for claiming consequential loss under SOGA, would think that the food would be the most likely thing to claim (although not guaranteed). Inconvenience and time off work are very rare to be compensated for, except perhaps if it went to court as part of a bigger issue.Little lady arrived 13/12/110
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just to update, the trader has sent a letter back, saying they are sorry this happened, but do not feel they should reimburse me for my loss.
any advice?
thanks0 -
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If you're thinking of leaving it at that, I would give Consumer Direct a call first, to check your rights.
I'm pretty sure that there have been many cases where, when people have stuck to their guns that loss of food has been covered.
You buy an item for a purpose and you expect it to meet reasonable expectations. I therefore fail to see why if something fails after a short period of time that you should have to bear the cost and ultimately be out of pocket.
It would be interesting to hear what they advise.0 -
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contacted consumer direct and this was part of the reply....
You can also claim compensation for time, inconvenience and distress that are caused as a direct result of goods being faulty. However, there is no formula which would work out how much you can claim. Ultimately it would be for a Court to decide whether any such claim would be successful, and so it is important that you retain as much evidence as possible of such losses. If you are making such a claim, it is important to provide a clear breakdown of the costs you are seeking to recover in any letter you send to the trader and try to keep these to a minimum. It should be noted, damages will not cover the injury to feelings but where enjoyment and freedom from stress are the sole purpose of the contract, compensation can be rewarded by the court.
Finally, it is worth bearing in mind that the Consumer Credit Act 1974 details additional rights that apply to consumers where goods or services costing over £100 are purchased at least in part on a UK credit card. Section 75 of this Act states that where a purchase falls within the category above, the credit card company is jointly liable for the goods purchased. This means that any claim made against the trader can also be made against your credit card company. In your case, I would advise that you copy the letter above to your credit card company and state that in the event that you are unable to resolve this problem with the trader, you will be making your claim to them for the same remedy.
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