2nd hand fridge freezer faulty - Refund?

robatwork

Nice thread, I have Jaffa Cakes ready for the next installment (chilled).

AGray

Oh dude that's cold, colder than my original fridge freezer anyway...

Anyway, the market trader came to the property as agreed within the agreed timescale, so was happy that things where going somewhat smooth about it.

He confirmed again about the procedure to be undertaken, and that he has the temporary replacement on his van at the moment. So he collected the old one first, again, somewhat rough with the jolting about taking it out but heyho.

Now at the time he did say with the replacement, since essentially i'm not going to be using it that he offered to clingfilm it closed since it hadn't been opened in a few weeks and so if opened, it would smell quite badly.

Okay...

Anyway, he dropped off the replacement and i left it at that. About 20-30 minutes later there was a few concerns just about the state of the item, so i wanted to get some pictures taken of it. Obviously meaning that i'd have to take a brunt of the smell and fight through it just to take some pictures.

What we seen was... Disgusting. It wasn't the smell, it was the STATE. Disgusting...

https://www.dropbox.com/s/echrsrzh2ysr8kq/DSCN0354.JPG?dl=0

https://www.dropbox.com/s/tpa12if577o3387/DSCN0355.JPG?dl=0

My mum who was out at the time came back and seen it - Obviously she was disgusted by it and wanted it out of the house because it was in such a horrible unclean state. I can understand her entirely about this.

She phoned Environmental Health to report it, and it all lead back to my contact within Trading Standards so here we are!!

Obviously never straight forward about this! How this progresses i don't know, but i've sent the whole set of images to Trading Standards about this...

wealdroam

AGray wrote: »

What we seen was... Disgusting. It wasn't the smell, it was the STATE. Disgusting...

https://www.dropbox.com/s/echrsrzh2ysr8kq/DSCN0354.JPG?dl=0

https://www.dropbox.com/s/tpa12if577o3387/DSCN0355.JPG?dl=0

My mum who was out at the time came back and seen it - Obviously she was disgusted by it and wanted it out of the house because it was in such a horrible unclean state. I can understand her entirely about this.

She phoned Environmental Health to report it, and it all lead back to my contact within Trading Standards so here we are!!

Your mum could've cleaned that in a shorter time than she spent on the phone to the authorities, I bet.

Or to put it another way, you could've cleaned it in less time that you spent on your last post.

unholyangel

Theres also no right to return items that are dirty if the dirt can be removed.

hollydays

What has this to do with your mum ? Why would she report anything?

photome

Why did you want pics of something that you arent going to use and effectively had been sealed to prevent you from using it?

AGray

In regards to my mum i agree wholely (This time) with what she is saying, we have had this delivered in a disgusting state, and we would really have no idea what could be crawling under it since it clearly hasn't been touched when he received it.

The reason she has opted to report the issue is that it's in essentially *her* hallway. Fair enough if it was in a hygenic state there would have been no issue to escalate the issue, but sadly the trader i think has gone off my good nature thinking we wouldn't look at it.

As i say the agreement made between Me > TSR > Trader is that he would deliver a reasonable like-for-like alternative to protect myself against losing out on a fridge freezer should my claim for a full refund goes out the window (Again, which is something i would challenge).

So, if the report came back to say that the damage/defect was inflicted by ourselves, we would then have this fridge freezer to fall back on as a matter of goodwill. Instead what we have received is a fridge freezer that looks like it's literally been pulled in from the tip.

The TSR left me a voicemail yesterday after i reported it back to them saying it was unacceptable, but she's off for next few days - and the message she left was broken up when i listened to it, so i couldn't get a concise message.

I listened to it again recently and the message finished with her saying for me to contact back the trader and get him to remove the fridge freezer from the property.

This is all well and good, but then this goes against my original agreement that we made, that i would have a fridge freezer as backup. So while i'm sure i will get my money back as my end game, i personally feel he's just trying to cause further grievences with this trash that he had delivered.

hollydays

Your mother sounds a nightmare.
Is her name hyacinth?
You need to stand up to her.

wealdroam

If your mum doesn't want it in her house, then it is
you she should be complaining to, not the seller.

AGray

Update to this: He has sadly gone and screwed us entirely.

Trading Standards finally got into contact with me. The fridge freezer that was defective was taken away Tuesday 19th with the exchange to that grubby fridge freezer.

They took it away for testing purposes - The trading standards got back into contact today, and the trader has said "there is no fault with it - it was tested with nothing found at fault. The trader is now wanting to charge you £30 for the report and also the costs incurred for fuel for the trip to the supplier".

I am totally lost with this now, the fridge freezer was delivered and not plugged in for 48 hours as requested - it didn't cool/freeze as it should have and i reported it to him. he came down a further 48 hours later and confirmed that it shouldn't be doing that.

They're saying the onus is on us now to prove there is a fault. The item is in his possession, he has had this item repaired/re-gassed or whatever and being unscrupulous about it but he won't say that obviously as the ball is entirely in his court.

I want to obviously take this to court, but TS are saying the chance of me now winning is slim because their report shows no fault, no matter what action they may have done behind the scenes.