Currys won't take freezer back until engineer has called

dorsetlady

About three hours ago I had a freezer delivered from Currys. My present freezer is on the blink so I am desperate for a new one. When it arrived one of the adjusting feet snapped off. I have just finished two hours of phone calls to Currys and Indesit.

Indesit said that they can't send a replacement and we will have to wait a week for them to send an engineer out next week. This is not satisfactory so I told Currys that I want to reject the goods under the Distance Selling Regulations. I also told them I was entitled to a refund under he Sale of Goods Act. They are refusing to collect it until an Indesit engineer has called to confirm it is faulty and then they will come and collect it. I told Currys that faulty or not I want to reject the goods. They told me that they had to follow the procedure ie. the engineer calling first! What can I do? I need this freezer out of the way as I am desperate for a new one!

vuvuzela

How did the foot 'snap off' ? Was it you moving it or the delivery company ?
You are getting confused when you state both regulations (DSR and SOGA). Either it's one or the other.

bod1467

It is SOGA under which you reject the goods. And yes - you CAN reject for a full refund; if Currys insist otherwise they are lying.

dorsetlady

No, one of the feet adjusted easily and the other snapped off when turning it. Indesit said they will send us a replacement foot and that we can repair it ourselves. We had had the freezer less than fours hours! I know with the regulations it is only one or the other but either way I am entitled to return it. Currys say I'm not!

bod1467

Currys are lying. Until acceptance has been deemed to have occurred, and owning an item like that for only a few hours it will NOT have occurred, then the consumer is entitled to reject faulty goods for a full refund - without question.

http://sogahub.tradingstandards.gov.uk/sogaexplained - item 5.

dorsetlady

I've emailed Currys stating that I want to reject this item so I'll have to wait and see.

bris

They are still entitled to inspect it before giving you a refund, they won't do that untill they can say for sure you didn't break it, SOGA.

DSR you can in law return it but then you would be liable for the return costs and they could then say you failed to take reasonable care of the item.

You need to pick a reason for return either DSR or SOGA, SOGA is the route for you but it means waiting.

neiljfellows

I'm not standing up for Currys here, but isn't it simpler to just receive a replacement foot and screw it on yourself rather than go to all this bother?

Sorry if it sounds like I'm playing devils advocate...

George_Michael

bod1467 wrote: »

Currys are lying. Until acceptance has been deemed to have occurred, and owning an item like that for only a few hours it will NOT have occurred, then the consumer is entitled to reject faulty goods for a full refund - without question.

http://sogahub.tradingstandards.gov.uk/sogaexplained - item 5.

Why do you say that they are lying?
Currys have not refused to take the freezer back for a refund, they simply want to confirm the fault before doing so.
If you buy something from a shop then return it due to a fault, the store staff are entitled to confirm that such a fault exists, so why aren't Currys entitled to the same?

The following is from the Trading standards link that you provided.

Requesting a refund

If a customer wishes to reject or not accept faulty goods, you are entitled to ask the customer to prove the goods were faulty when they bought them from you. If they are able to do this, they are entitled to a full refund.

Lip_Stick

neiljfellows wrote: »

I'm not standing up for Currys here, but isn't it simpler to just receive a replacement foot and screw it on yourself rather than go to all this bother?

Sorry if it sounds like I'm playing devils advocate...

I agree, but not knowing much about freezer feet, perhaps there could be part of the foot still screwed in making it difficult to fit a replacement. The op could maybe test it with one of the other feet to see if it's an easy job.

If it is they could try bargaining for a small discount from Indesit. They sent me a cheque for £25 when my dryer arrived with a small scratch. I decided to take that rather than messing about getting it replaced.

Hintza

dorsetlady wrote: »

My present freezer is on the blink so I am desperate for a new one.

Not that desperate if you want to start a stooshie over a foot you have broken off yourself. They could deem it as misuse and refuse. Whether they are right or wrong is really a moot point as you will still be without a freezer.

If you want to get hung up on this the week before Christmas well good luck to. Otherwise just await a replacement foot.