Broken Fridge - What rights do I have?

definitelydrowning

Hi Everyone,

I am trying to get some advice from all you wise people here regarding a Fridge I purchased online from Next Domestic Appliances approx 18 months ago. The fridge has stopped working correctly in that the food at the top of the fridge is too warm and is spoiling whilst the food at the bottom is too cold and is freezing. I purchased a fridge thermometer and this has confirmed that the temp at the top of the fridge is too warm and that at the bottom it is too cold. I contacted the manufacturer (as it states on a label inside the fridge) and they have advised that we can either pay out £120 for a one off repair which would be guaranteed for 90 days following repair or we can pay £14.99 (or possibly a reduced rate of £11.99) for the next twelve months for a free *cough* repair and a further one year warranty on the fridge.

I feel that 18 months is not really a reasonable length of time to expect a brand new fridge to last and therefore I am wondering what my rights are and what steps do I need to take. I understand that after a product reaches 6 months you need to get a report that proves that it is a manufacturing fault but who do I contact to get this done and what about costs?

I am wondering if it would be better to start again with a new fridge as it may be cheaper. Any advice would be great.

Thanks

Zoe

wealdroam

Have you spoken to Next Domestic Appliances?

As the seller, they have responsibilities under the Sale of Goods Act.

Have a read of MSE's Consumer Rights article to find that you have up to six years to seek a remedy under SOGA.

definitelydrowning

Thank you for your reply. I had read through the consumer rights article but my brain is currently turning to mush as I am studying for an exam (too old to be coping with that :eek:) so am struggling to get things straight.

I have spoken to Next who keep saying that the Fridge is out of warranty and therefore it is out of their hands as they only stand by the manufacturers warranty as it is a reasonable time. They did say that it may possible for them to make a small gesture of goodwill if it is found to be a manufacturing fault, but they can't even promise that. They were saying that I had to pay the fee (£120 quoted by Indesit) for the Indesit engineer to come and at first were saying that I could not get my own independent engineer to do a report but later agreed that I could. They kept suggesting that I pay the £15.99 a month as it would cover the fridge for another year, but I am worried that it is just throwing more money after bad and that if it couldn't even do 18 months how would it possibly last after this next years guarantee.

Does anyone have any idea how much an independent report is likely to be?

wealdroam

Well let me make it easier for you then.

Here are a couple of quotes from that article...

Know who's responsible When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods, you must contact the manufacturer. This is total nonsense!
If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contact is with them.

You have up to six years after you bought a good to complain
(In Scotland, it's five years after you first realised there was a problem)

Now that you know your rights, you need to enforce them.

Read MSE's How to Complain article and come back with any specific questions.
There are sample letters in there too, which may help you.

definitelydrowning

Thanks for that, I will have a thorough read through tomorrow, but from my brief understanding it looks as though my next step is going to have to be a letter.

One quick query is that in the timeline it says that if the goods are under 6 months it is down to the retailer to prove the goods were not faulty when purchased, but it doesn't say that I have to prove it between the period of 6 months and 6 years. Do I send the letter prior to getting a report or afterwards and include it with the letter or do I not need to get a report at this stage? Sorry if I sound thick it just seems a lot more complicated than the last time I had a problem with any goods. Guess that is quite positive though and I have been very lucky until now.

wealdroam

definitelydrowning wrote: »

One quick query is that in the timeline it says that if the goods are under 6 months it is down to the retailer to prove the goods were not faulty when purchased, but it doesn't say that I have to prove it between the period of 6 months and 6 years.

Yes it does, here is a third quote from the same article...

When goods are faulty, if you return them within six months then it's up to the shop to prove they weren't faulty when you bought them. After this, the 'burden of proof' shifts and it's up to you to prove they were faulty when you bought them.

definitelydrowning wrote: »

Do I send the letter prior to getting a report or afterwards and include it with the letter or do I not need to get a report at this stage?

It's up to you.
I would wait until they ask for the report.
You could indicate in your letter that you are prepared to get an independent report if necessary.

definitelydrowning

That is great :T, I think I will try and write to them first and see what they say, though if my crystal ball is working correctly they will refuse to do anything and if my crystal ball isn't working correctly then I guess that's another letter to write

Thank you for all your help and patience too, it is really appreciated.