Ruined Christmas Dinner...

Flyboy152

Your first post on this thread was confrontational and somewhat abrasive. You started off with insulting people's intelligences, because they were suggesting the OP consult with his insurers, as well continue to pursue his claim with Currys. At no point did anyone even suggest that he should drop any action against them.

The OP's immediate worry was that he would not be able to recover enough money before Christmas to replace his lost food, claiming from his insurers would be the most efficient way to achieve this. His insurers can then, if they wish, pursue a subrogated claim agaisnt Currys.

arcon5

Back on topic.........

what consequential losses has op incurred?

Op makes mention of xmas dinner ruined, but with just days to go most things will last anyway -- at most maybe a new bag of yorkshire puddings is due (£1 loss so far).

arcon5

ilesmark wrote: »

Hasn't anyone heard of the 'satisfactory quality' provisions of the Sale Of Goods legislation, and how these override a manufacturers 1 year warranty ?

I'm sure we've all heard of it. But don't forget a) the warranty and a claim under SoGA are different. If they reject a claim under Warranty because its out of time then nothin unlawful about that! and b) to make a claim after 6 months under SOGA the retailer can insist on an independant report to prove the fault is inherent. However they clearly aren't requesting this and having somebody come out next week.

So at the moment, what has the aspects of SoGA got to do with this case? As they are dealing with the issues without hesitation.

ilesmark wrote: »

Also - and I am willing to be corrected on this point as I haven't got time to look it up - wouldn't this also allow a claim to be made for consequential loss?

If you did look it up rather than spouting words you would also understand op would have to mitigate their losses. This includes asking neighboughs, maybe using some of the food as meals ect. And the fact Christmas dinner is days away, the food should last this time and therefore op not at a loss.

HannahIOW

People in this thread are saying 'oh only a few more days to go, the food will last', but the OP said they returned from a trip to Devon to find the fridge had packed in - for all we know the fridge may have broken on the first day of their trip and been sat there at room temp for goodness knows how long. I think the OP is right to at least try for some amount of compensation as let's face it Christmas food is not that cheap, and even if it was everyday food the OP has still lost money due to this situation.

tomjonesrules

HannahIOW wrote: »

People in this thread are saying 'oh only a few more days to go, the food will last', but the OP said they returned from a trip to Devon to find the fridge had packed in - for all we know the fridge may have broken on the first day of their trip and been sat there at room temp for goodness knows how long. I think the OP is right to at least try for some amount of compensation as let's face it Christmas food is not that cheap, and even if it was everyday food the OP has still lost money due to this situation.

Good point, and there might have been a child in there too ...

Demand compensation!

vicmorrow

tomjonesrules wrote: »

Good point, and there might have been a child in there too ...

Demand compensation!

Children should only be put in fridges/freezers to confirm the light goes out when the door is closed.

HannahIOW

Well yes, we must think of the children.

pink_hippoes

Thank you to all of you who have offered suggestions. The food was sat around for a long period of time and I don't really like the idea of potentially giving my family food poisoning on Xmas day. To those of you that suggested just buying more from the supermarket, we are aware that we can do this obviously, but were asking where we stood in terms of our rights to claim compensation at the loss of around £50-60 worth of food. This is now the second time that this has happened and is beginning to get a bit frustrating.
We chose not to extend the warranty of the product but obviously the same problem could persist outside the warranty. Do we have any right to request a replacement product regardless of whether they have agreed to fix it?

ilesmark

Flyboy152 wrote: »

Your first post on this thread was confrontational and somewhat abrasive. You started off with insulting people's intelligences.

Flyboy - with a first post that read 'First of all, it is four days before Christmas and there is still loads of food in the supermarkets, so your dinner is not "ruined." Secondly, if Currys is not forthcoming, try your home contents insurance' its patent you apply different standards to other peoples posts than to your own. Merry f###ing Christmas!

Flyboy152

pink_hippoes wrote: »

Thank you to all of you who have offered suggestions. The food was sat around for a long period of time and I don't really like the idea of potentially giving my family food poisoning on Xmas day. To those of you that suggested just buying more from the supermarket, we are aware that we can do this obviously, but were asking where we stood in terms of our rights to claim compensation at the loss of around £50-60 worth of food. This is now the second time that this has happened and is beginning to get a bit frustrating.
We chose not to extend the warranty of the product but obviously the same problem could persist outside the warranty. Do we have any right to request a replacement product regardless of whether they have agreed to fix it?

That would depend on many different factors, not limited to the original cost of the item, the fault, how many times it has occurred, what remedies have been attempted already and the attitude of the retailer. But, I doubt you would get a full refund of the cost of the goods. You may very well be entitled to a repair, but a replacement would also be unlikely. If the cost of repair outweighs the value of a refund, less a deduction for usage, you would most likely be given a part refund. Assuming you are succesful in your claim against the retailer.