Protection: have terms changed

ellenGB

I recently bought a fridge for my mum using my Mastercard, thinking that if something was wrong, we'd be covered. Well, the fridge didn't work, we reported it immediately, the engineer noted the high temperature but neither he nor a second engineer could determine the cause or repair it. Both thought that we should ignore the temperature and use the fridge, even though it doesn't tend to cool below 5 degrees as recommended by manufacturers and Foods Standards Agency. Sometimes, it manages 4.7 degrees C but too often, it goes well above 5 degrees. I know what that can do to meat products. Sadly, the engineers don't.

With the shop refusing to give us a refund, I went to my credit card company, thinking they had joint liability. I appear to be out-of-date. They expected my 86 year old mum to live without a fridge while she organised an independent report and waited for a refund and then bought her new fridge. I thought this somewhat unreasonable so bought a new fridge and got nice delivery man to move faulty one to the dining room. It still doesn't work as it should.

Friend (also engineer) noted that kitchen floor wasn't level so old fridge had not been installed properly. But to prove this for the credit card company, we need a report, i.e. move old fridge back into kitchen, move new fridge somewhere else and replicate the problem. Now a letter from the card company thinks the onus is on the shop and there's little they can do. Why did I think a credit card protected you from faults when goods cost over £100?

Searched for similar problem on this site but found nothing. Am I unlucky with my Lloyds Platinum Mastercard?

Have asked them for a copy of the current terms and conditions. They've obviously changed.

tamarto

Why did the shop refuse to refund?

Rufus_348

The bank doesn't set the terms and conditions - section 75 is in law, as part of the Consumer Credit act 1970.

The credit card provider is equally responsible for faulty goods but most of the time it's just easier to resolve it with the supplier, so they usually ask you to try to do this first. Since this hasn't been possible for you I'd suggest you send another letter and, if they still refuse to honour the law, make a complaint to the FOS. You're not in the wrong so don't let them get away with it!

Good luck x

td_007

In first instance you need an answer from the supplier in writing - they are obliged to provide goods that meet required standards and if it does not then they have to replace/refund. You would approach the CC company generally when the supplier is unresponsive or cannot be reached which I guess is not the case in this instance.

ellenGB

Dear all,

I wrote letters using the template on the Consumers Direct website (having asked them about this first). The shop "doesn't do the Sales of Goods Act" and their engineer thinks 7 degrees is fine, ergo, no fault. Also no letter from them. Hence I went to Mastercard who now inform me that if the shop will not refund, then there's nothing they can do. In other words, they don't do 'joint liability'. I rang them yesterday to inform them that the law doesn't exactly support this and to write to me with the above was poor practice. They wrote to the shop and are waiting for their reply. (That might take some time). Having gone through all the procedures, I'm left with the FOS. Consumer Direct told me to sue. It's all terribly stressful. And sad to see shops and Lloyds provide such a lousy service. (I've gone online to some of the checkatrade websites and where I found the shop mentioned, I noted my experience. It seemed fair to warn others.) Call me psychic but I sense that Mastercard are trying to wriggle out of this. Even a character reference from my bank manager had no effect.

ellenGB

PS.The law requires fridges to be able to manage 0-5 degrees. Meat and fish need to be kept at that temperature. If the shop believes 7 is fine, they are breaking the law as well as being idiots.

lisyloo

Yes you've been unlucky.
Shops and companies cannot simply decided "not to do" the law.

You have two choices.
Either follow the Lloyds formal complaints procedure.
This could take many months but will cost nothing apart from stamps.
I would advise sending letter recorded delivery for the sake of 75p.
Make sure you folow the procedure rather than just write in.
It needs to go to teh right department.

Alternatively take the shop to the small claims court.
This might mean time off work and there is a small cost attached, but it will work more quickly.

ellenGB

Many thanks to all of you for your advice and support.

Merry Xmas!