RESOLVED :) Fridge freezer irrepairable after 2 years

taurustwinmummy

I bought an AEGElectrolux Santo fridge freezer S75438KG from Marks and Spencer Appliances in April 2010, for £863.98 on my M&S credit card.

2 years and 1 month later the temp of the freezer started to fluctuate between +18 and -18. I tried defrosting and standing for 24 hrs but problem remained.

I called an AEG approved engineer who said the fridge wasn't working either and went away saing he would need to order a spare part.(slight aside, I bought a Dom Gen repair and protect policy and called the engineer out under cover, but he and then Dom Gen contacted me by letter cancelling the policy as the reair would cost more than £250). So, no cash outlay but no working fridge freezer either. By now the fridge temp was also fluctuating up to +18.

I emailed both AEG and Marks and Spencer Appliances, explaining the problem and claiming a replacement or refund on the grounds of durability, invoking the sale of goods act with M&S and good customer service to AEG.

M&S responded saying they would do nothing without an independent engineers report stating the fault was inherent. I'm not sure that this is required for a durability claim? I've found a Which? report showing that 85% of fridge freezers last 6 years or more and that AEG fridge freezers have average reliability. However, I've also booked a local engineer to come tomorrow who will charge £60 to assess and write a report, and quote repair costs if relevant.

AEG called today saying they have contacted their service engineer and it has been classed as irrepairable. Therefore they will offer me a 'contribution exchange' - a brand new fridge freezer of the current equivalent model for £537.20 inc delivery and recycling of the old one. The new model seems to retail for around £930-£1070 depending on the retailer.

I'm not sure whether to take the offer, to see if I can negotiate further with them and get the price down, or go ahead with my M&S claim and see if I can get a better offer. My husband is out of work at the moment, so spending any money is difficult. However, so is coping without the fridge freezer and I'm worried that while I might be successful with M&S, it might take a while.

Any advice/comparable stories? Should I do anything further?

Thanks in advance

zaax

Get a independent report and charge M&S the cost.

shaun_from_Africa

zaax wrote: »

Get a independent report and charge M&S the cost.

Providing that the report states that the fault is due to an inherrent defect.

bazster

No you don't need to prove an inherent fault if the basis of your claim is simply that it should've lasted more than 2 years (which, obviously, it should have...)

taurustwinmummy

bazster wrote: »

No you don't need to prove an inherent fault if the basis of your claim is simply that it should've lasted more than 2 years (which, obviously, it should have...)

Thanks, that was my understanding.

HappyMJ

I would expect a credit of 4/6th's of the purchase price. You (and I) expect it to last 6 years. You got 2 years out of it so you should get credit for the other 4 years. They have given you that discount in offering you a new fridge at a discount. I would negotiate the price down a bit further before accepting.

wealdroam

bazster wrote: »

No you don't need to prove an inherent fault if the basis of your claim is simply that it should've lasted more than 2 years (which, obviously, it should have...)

Bazster, that is quite a revolutionary statement you have made there.

If we all agree that fridges should last more that two years, does that mean that any fault that occurs within that time simply means the thing isn't durable?

Let's take just one example...
If the door has repeatedly been harshly treated such that it falls off after eighteen months, could that possibly be due to abuse by the user?
Or are you saying the seller does not have the right to ask the user to prove the fault was not inherent?

In the OP's case, of course the seller has the right to ask the consumer to provide proof that the fridge is inherently faulty.
Just because the consumer says he hasn't treated it badly, does not automatically mean the thing has failed 'the durability test'.

somethingcorporate

Yep, I am with Wealdroam on this one. You need to prove the fault under the SOGA given you have owned it more than 6 months.

Anything to back up what you are saying Bazster?

neilmcl

bazster wrote: »

No you don't need to prove an inherent fault if the basis of your claim is simply that it should've lasted more than 2 years (which, obviously, it should have...)

What a load of tripe and really bad advice! Of course the OP has to prove that the reason it hasn't lasted is because of an inherent fault rather than misuse or excessive wear and tear.

yangptangkipperbang

bazster wrote: »

No you don't need to prove an inherent fault if the basis of your claim is simply that it should've lasted more than 2 years (which, obviously, it should have...)

Absolute rubbish !!!!!

Looksguywalker

bazster wrote: »

No you don't need to prove an inherent fault if the basis of your claim is simply that it should've lasted more than 2 years (which, obviously, it should have...)

The sad thing is the OP believes you.