Damaged Fridge Freezer

needamemory

Thankyou for the responses.

Unfortunately the delivery men did not give me any opportunity to have the item either unpacked or moved to the right position, they just dumped it in the dining area and left very quickly. They asked me to sign on an electronic handheld machines before they bought the fridge freezer in my house. This did not mention I was satisfied with the item.

This is the most recent reply from Appliances Direct:

"Thank you for your e message.
As previously advised due to being installed and used we reject the return of this product.
Installing and using this product means you have accepted the item in the condition it was delivered in and we have a 5 day policy approved by trading standards as being fair an reasonable, providing it has not been installed or used, it can be returned within this period of time.
We are sorry we could not give you a more favourable response on this occasion.
Kind Regards "

With thanks.

unholyangel

How did you pay for it again? Credit card or debit card? Start a claim with your card provider (it doesnt cost you anything where small claims will). If the card issuer reject your complaint, you can then refer it to the ombudsman - so have two possible avenues open to you before going to court.

A section 75 claim is better as the card company are jointly liable with the retailer (meaning you have the same rights with them as you do the retailer) - it only applies to credit cards though not debit cards. Debit cards use chargeback which arent as good as it doesnt make the card company jointly liable.

I'd also forward the emails they have sent you onto trading standards. NO way trading standards have approved a policy which limits your right to return to 5 days. Consumer contract regulations gives you 14 days to cancel and a further 14 (from the day you cancelled) to return the goods - whether they have been used or not.

If their returns policy is 5 days for unused/uninstalled items, its not just a grey area, they ARE without a doubt breaking the law.

needamemory

Many thanks, I will take your advice. I paid for the item with my credit card.

unholyangel

needamemory wrote: »

Many thanks, I will take your advice. I paid for the item with my credit card.

Let us know how you get on

Keep a note of any reasonable costs you incur as a result of their breach - and claim those too.

While I can understand companies sometimes refusing claims on the basis of it being a grey area in law, I have no sympathy for those with a blatant disregard of the law. Therefore, I'd advise you to claim everything the law permits (as above, reasonable costs incurred due to their breach that cannot be reasonably mitigated).

needamemory

Just thought I would provide an update. Appliances Direct refuse to replace or accept any responsibility for the damaged fridge freezer. As advised I contacted my bank as the item was paid for with a credit card. After weeks of prompting and despite initially advising me on the 9th November I would be receiving a refund within 48 to 72 hours unless I was contacted by phone, I failed to receive a refund. I contacted the bank again today and received a phone call later in the day advising me my claim had not been accepted. They will therefore refer me for a Section 75 but are unsure if this will be accepted either.

I have been in contact with Consumer advice and Trading Standards but they have merely suggested the steps I have already taken.

It seems that there is nothing further I can do despite the new regulations. I am so frustrated.

waveyk

Hi there,
I just wonder whether if needamemory ever resolved their situation?

I ordered a fridge freezer from Very.co.uk online on 23rd Sept 15. It was supposed to be delivered on the 23rd Oct 15 but didn't arrive until 12th Dec 2015. Unfortunately when we unpacked it, it had dents on the side. We plugged it in (as they took away our old fridge freezer) and it worked fine but had a few dents. I immediately took photos and sent an email to complain about the dents. After numerous emails back and forth - Very have said that they cannot accept the item back as it has been connected. They have offered us a 5% discount but I am not really happy with that and feel that we should have a perfect item. Any help would be much appreciated!

cono1717

Tell them you are rejecting the goods due to the dents as a letter before action. Then if you paid by credit card, and hear nothing back, start a section 75 claim.

waveyk

They have now offered us a 10% discount and have said that because they have offered a solution I cannot start a section 75 claim. Should I just accept the discount?

wealdroam

waveyk wrote: »

They have now offered us a 10% discount and have said that because they have offered a solution I cannot start a section 75 claim. Should I just accept the discount?

You are letting this drag on too long.

If a 10% discount is acceptable to you, then accept it - it's up to you.

Is it Very that has told you you can't start a S75 claim?

If so, ignore them. Speak to your card issuer.

Maybe read MSE's Section 75 article first.