Fridge/Freezers failed - don't know whether I HAVE any consumer rights!!

linclass

Morning Readers,

In June 2008 I purchased from Comet a Prestege Fridge Freezer. On returning home yesterday night (been out all day) we found the Fridge half (at the top) had started freezing the contents. However, the Freezer part (bottom half) had defrosted, losing the contents to the bin. I think it probably failed late Sunday for the freezer food to be that defrosted and we didn't notice it.

OF COURSE, it's now out of guarantee. I've called Comet who charge £125 callout/repair (flat fee). I've called 2 local repair companies who won't touch it with the proverbial barge pole...

Thing is, is it reasonable to expect an appliance of this kind to work in excess of 3 years? I should say so, I have a chest freezer in the garage - it's 19 years old and working wonderfully!!

What could I do (if anything) about this please? I've since read online reviews of this appliance and there are plenty of negatives...

Do 'Statuary Rights' come into play here, and how would I use them?

Your advice is greatly needed please,

Thanks

Linclass

FLENG

it might not work but try leaving it off for a few days and trying it again
mine was making the weirdiest squeaking noises and we when away for a few days so we unplugged it and it was ok when we returned
not sure if this will work for you but nothing to loose and all that

Meepster

Professional answer:

You have rights under SOGA, but due to the age of the appliance, the onus is on you to prove that the fault that has occured is inherant and hasn't been caused due to normal wear and tear, installation, misuse or a consumable failing.

If you can get an engineers report stating that the fault is inherant, then you can go back to the retail and get some form of resolution through them.

Personal opinion answer:

Prestige appliances are, quite literally, shockingly bad appliances. If it was me I'd be chalking it down to experience and buy a new one, from a better manufacturer. Even if you do get it sorted this time, I'd give it a year or two before you have more problems with it.

Rhods

The item has failed far sooner that should reasonably be expected. A fridge/freezer should last at least 5 years.

Contact the retailer and ask for repair, partial refund or replacement with a similar model of a similar age.

They may ask you to prove that the item has not failed due to mis-use, in which case you would have to pay for an independent expert to inspect it and produce a report. If the expert confirms that the item has failed during normal use then the retailer would also be liable to refund you for the cost of this report.

Oliver14

Rhods wrote: »

Contact the retailer and ask for repair, partial refund or replacement with a similar model of a similar age.

After they stop laughing they will tell you where to go. You can then if you wish pay £100 or more for an independant report that may or may not show an inherant fault or you could sensibly put that money to a new fridge/freezer.

wealdroam

Rhods wrote: »

If the expert confirms that the item has failed during normal use then the retailer would also be liable to refund you for the cost of this report.

I thought the report had to show that the fault is/was inherent, i.e. the fault was present at the time of sale, before the retailer had to provide a remedy?

Oliver14

wealdroam wrote: »

I thought the report had to show that the fault is/was inherent, i.e. the fault was present at the time of sale, before the retailer had to provide a remedy?

yes you're right. Also the retailer will probably because its more than six months tell you to go speak to the manufacturer.

jammother

I had a similar issue with a Hotpoint Fridge Freezer. We had it for two years with no problems. Then we moved house and wanted to change the direction of the fridge door (it had changeable hinges). We found it was impossible to do because of a missing part. I sent a letter off to Tesco and they sent me a £25 as a goodwill gesture and told me it was out of warranty.

I wrote them another letter saying it was not as described. They countered with telling me to contact the manufacturer and that as they no longer sold the fridge they could not comment on whether it should have reversable doors and repeated it was out of warranty. I downloaded the manual from the internet and sent it to them. After two months they capitulated with a £100 partial offer to go alongside the £25 gift card.

Perserverance does get you somewhere eventually.