Is it worth going to small claims?

Jphaure

Hello Fabulous Money Savers,

I purchased a fridge on 15 May 2008 from Amazon. It was supplied by Retailer Popcorn UK. The fridge was manufactured by Coolzone who have now gone into administration.

I contacted Popcorn as the retailer in August and have been pursuing them ever since. As the fridge simply stopped working on 21 August. They say they are not willing to do anything. I quoted the consumer rights act and have used two templates on this site as advised to warn them of my intention to take them to the small claims court.

My thought is only that the Fridge only cost £129 in the first place and lasted for 15 months of the 2 years suggested by the act for white goods. Whilst I think their attitude to customers should be dealt with by taking them to the courts is the cost and time of doing so going to be worth the one repair that I am likely to get (because of course I have been forced to buy a new fridge while dealing with this)??

What do Moneysavingexpert forum users think I should do next?

x Jo

Tozer

Firstly, what is the Consumer Rights Act? It is important when "quoting" law to actually quote correct law.

Did you pay by credit card?

Anihilator

The relevent legislation here is the SOGA.

It states that items should be of merchantable quality, durable and last a reasonable time. Price is always a factor.

In the first 6 months it is for the manufacturer to provide proof the fault isnt inherent after which it is yours.

At 15 months you would certainly need a professional report and may only be entitled to a partial refund.

£129 is quite cheap for a fridge and imo even if they offer a partial refund its unlikely to be worth your time and hassle in pursuing it.

zzzLazyDaisy

You'll probably find that if you shop around you can pick up a new fridge for about what it will cost you to pursue this through the small claims court (to say nothing of the time and hassle).

Some suggestions though -

• Give consumer direct a ring and see what they say
• check your insurance policy to see if you have legal cover, and if so speak to them
• If you paid by credit card, try getting a refund under S75 CCA

ses6jwg

I'm sorry but a fridge should last longer than 15 months.

We have a larder fridge at home that still works after 15 years.

Anihilator

ses6jwg wrote: »

I'm sorry but a fridge should last longer than 15 months.

We have a larder fridge at home that still works after 15 years.

Oh well in that case every fridge should last 15 years.

Your maybe right but thats for the OP to prove. The company don't need to do anything without this.

Mankysteve

You first need to prove that fault is an inherent one and not though fair ware and tear which you'll have to pay for. Then you can take them to small claims court. I suspect though its not worth the bother just remember not to buy cheap white goods again. Don't buy cheap Buy good value.