Currys dodging Consumer Rights Act?

DraytonBlues

Hello all from an avid reader but first-time poster - hope you can help!

Ordered £530 fridge freezer 4th December 2016 from Currys online, delivered 13th December. The fridge immediately started freezing and unfreezing all the food on the bottom shelf.

Called Help Line 16th December 2016 at 14:58. The lady who answered said she had had this problem before and went off to check with a technical colleague. Was told this was an issue with “gearing” and to keep the freezer temperature at -18 degrees, and change the fridge from 4 to 6 degrees – this would fix the problem.

It didn’t. Bought a fridge thermometer and found the bottom shelf averages between 0 and 2 degrees – hence freezing and unfreezing food.

7th January 2017 – made a complaint on Trust Pilot – received a response on 9th January asking for personal details & saying I may need an engineer – promptly responded, but no reply despite updating complaint several times until 17th January – engineer booked for 19th January.

Engineer arrived and knew straightaway without testing what the issue was. He confirmed the bottom shelf was at 0 degrees and would increase every time the door opened. Furthermore he advised that the crisper (salad) section above also has the same issue i.e. it stays at 0 degrees; therefore nothing should be kept anything in it with a high water content (i.e. salad) or it will freeze.

Apparently these are design features and nothing can be done to mitigate them. Changing the temperature of the fridge will have no effect and there is no such thing as “gearing” as I was told in the first call. When I asked the engineer what could possibly be stored on the bottom shelf with the very real danger of food poisoning, he didn’t know. Apparently the idea is that instead of waiting for an item to take hours to de-frost out of the freezer, this feature is supposed to keep items at 0 degrees so they de-frost quicker (nope, I’m not sure of the science behind or usefulness of this either)!

These so-called features are not made clear either in the online product description or the product user manual – nowhere does it mention the fact that the temperatures are so low in the bottom 2 compartments that food will freeze and refreeze, thus rendering half of it effectively not fit for purpose.

Contacted help line again 20th January and was told because it is now outside the 30 days and no fault was found, they would not issue a refund. Furthermore told there is nowhere higher to escalate the complaint other than the First Line Manager. I am waiting a call back, but apparently if that person decides against me there will be nowhere else I can complain to.

Had I been told the truth on the first call, 3 days after it was delivered that it wasn’t a fault but a design feature I would have returned it straightaway. Had the Trust Pilot response not taken 9 days and the engineer attended earlier and told me the true story, it would still have been within 30 days for a return and refund.

Because I was misled on the first call and the response to the Trust Pilot review was so late (by “coincidence”? taking me outside the 30 days), I feel I have been conned.

NB With more online research, there are other complaints about items freezing in one or both compartments, presumably meaning those customers were also unaware of these “design features” when they bought it. The item is exclusive to Currys and has now been reduced by 33% in the post-Christmas sale – they must be desperate to get rid of it.

So my questions are:

1. Does the Consumer Rights Act takes into account a retailer firstly misleading a customer and then taking so long to send an engineer that possibly “by coincidence” the 30 days run out for a return and refund?
2. Is it true that Currys’ complaints procedure can only be escalated to the First Line Manager and he / she has the final say?
3. Despite Q2, if the First Line Manager rules against me, what can I do next?
4. Is the fridge part of a fridge freezer considered fit for purpose when, as a design feature, half of it freezes and unfreezes fresh produce?
5. Is it worth contacting Trading Standards; surely such an odd design feature (which is not spelled out clearly in the literature as proven by other complaints as well as mine) could prove dangerous, especially to very young, very old or ill people?
6. The one thing I know for certain is that I completely begrudge potentially losing £530 but I definitely have to buy a new one – the engineer recommended a certain brand, am I allowed to ask if any one has any suggestions?

Thanks in advance for any advice.

neilmcl

The basic fact remains, there is no fault with your FF, so whether you raised the issue within 30 days or not Currys have no obligation under the CRA to do anything for you.

If you want to dispute the fact that the FF isn't faulty then you are within your rights to arrange your own engineer to come out.

Leo2020

neilmcl wrote: »

The basic fact remains, there is no fault with your FF, so whether you raised the issue within 30 days or not Currys have no obligation under the CRA to do anything for you.

If you want to dispute the fact that the FF isn't faulty then you are within your rights to arrange your own engineer to come out.

Not an expert on fridges/ freezers but isnt a fridge designed to not only keep things cold (ie. not frozen) but also at a fairly even temperature. If things are really freezing and unfreezing then that sounds like its either not fit for purpose or faulty.

Food shouldn't be defrosted and refrozen due to bacteria building up.

You could escalate to their exec team (assuming they still exist) - just address a letter or email to one of the directors and it will get referred to them.

unholyangel

As far as I'm aware, a fridges temperature should be at/around 4 degrees. Given that OP seems to be able to prove that half the fridge is not a fridge and instead is a freezer, that means the goods dont conform to contract (not fit for purpose & not as described given the description is going to say xl capacity in the fridge and that obviously isnt true).

Furthermore, the clock goes from when you reported it to them. So if you contacted them within 30 days then you should be fine. However worth noting that normally within 6 months, faults are presumed to be inherent but this does not apply to the 30 day right to reject. So if you request a repair/replacement, the fault is assumed to be inherent and its for the retailer to prove otherwise, but if you request a refund then its up to you.

If you were outwith the 30 days, you would have to allow them the 1 attempt to repair or replace and if the goods still failed to conform to contract, then you'd be able to insist on a refund again under the final right to reject.

societys_child

Fridge on my LG F/F can freeze the contents of the "salad/ crisper" draws but is adjustable via sliding vents on the front of the draws and another sliding vent, low down, on the side wall of the fridge. Very efficient, had it 14 years, not poisoned us yet.

SuperHan

A bit of research shows that having a 0 degree zone in your fridge is a common feature (for example http://www.samsung.com/uk/support/skp/faq/1023131). Although this particular fridge has an option to change this, it's not unreasonable to imagine there are fridges that just have it without the option to turn it off

There are also mentions of 'crisper' zones being cooler too on other fridges.

It does seem like this may be a design feature of the fridge. The temperature variances are not unbelievable following the fridge being opened and closed and if things have been added in to it etc etc.

Fosterdog

OP what make and model is the fridge freezer? As already pointed out it is getting more and more common for fridge freezers to have "zones" that are slightly different to the main compartment to suit storing different items. I have a Samsung fridge freezer that has to be around ten years old now and certainly the salad crisper drawers are a lot colder than the rest of the fridge and it actually helps keep fresh fruit and veg fresher for longer, I can store fresh produce in it for almost three weeks before it starts to show signs of turning.

For years freezers have used fast freeze compartments designed to be colder than the rest of the freezer but there are now more and more offering less of a freeze for things like soft scoop ice cream, bread etc. that do better closer to 0 degrees than going much lower.

DraytonBlues

Product description extracts from Currys website:
“The (Hotpoint) SMX95T1UW contains intelligent technology that ensures the optimum temperature control for food freshness. Smart Cool technology is employed to make sure drink and food is always stored perfectly within the fridge.
With three safety glass shelves, a salad crisper ….. , you have plenty of space for storing all of your chilled produce. For a stylish and safe way to store your food …..

Product description extracts from product manual:
The No Frost system circulates cold air continuously to collect humidity and prevent ice and frost formation.
COMPARTMENT 3 IN 1 ZONE*
This is the new box which offers maximum flexibility in order to stock your food in an excellent way……. -store meat, fish and delicate food;
You can get the 0°C temperature, in standard conditions, when the fridge compartment temperature is at about 4°C.

So I thought that as the Consumer Rights Act states, “all products must be of satisfactory quality, fit for purpose and as described”. As OP point out, the goods don’t confirm to contract i.e. drink and food aren’t stored perfectly, the salad crisper freezes salad, meat and fish constantly freezing and defrosting isn’t a safe way to store food and you get 0 degrees in the bottom no matter what temperature the fridge is set to.

NB I tried an experiment for 3 days with a small piece of uncooked chicken after the misleading advice re turning up the fridge temperature. Checking every 12 hours, it was raw 4 times and frozen twice – I didn’t dare cook and eat it!

On this model, there are no vents on the salad crisper, sadly. I did try and take both bottom drawers out but they’re non–removable. I asked the engineer about insulating with bubble wrap but he said that wouldn’t work either.

Thanks for the research SuperHan. You’re right, but this case I think it’s a good-idea badly-designed design feature! The trouble is the temperature varies even without opening the door (see chicken experiment above). I also take the point about bread, etc, but is it safe for any product to keep freezing and defrosting?

It’s interesting that the brands you’ve all mentioned above seem to work perfectly – I seem to have chosen badly!

Thanks again for all the advice so far, I’ll update after the Currys callback.