Failed repair/replacement

feokidoki

Hi everyone.

I'm hoping someone can clarify something for me.

I bought a fridge freezer from a high street retailer Dec 2015. After about 10 months, the fridge part was getting too cold and freezing vegetables. I phoned the retailer, they arranged for an engineer to check it and repair it if possible. The engineer came, checked the bottom of the fridge and said it was insufficiently insulated from the freezer below (inherent fault), I would need a new fridge freezer. Phoned the retailer and they had my old fridge freezer replaced with a new one of the same model.

So far so good. Only now the replacement fridge freezer has developed the exact same fault (fridge too cold, ruining my veg).

Under the Consumer Rights Act 2015, I know that after 10 months I had to accept a repair or replacement and was happy to do so but now that the replacement has failed, am I within my rights to ask for a refund instead of another repair/replacement? This seems to be the case from what I've read elsewhere but what I can't work out is if I'm entitled to a full refund. The replacement has failed after only 3 months and I read somewhere that a retailer can't reduce the amount they will refund within 6 months of a failed repair/replacement. Does this apply in my case when I had the original fridge for 10 months or would I have to accept a price reduction based on the use I've had from the original fridge? Does the fact that the original fault was found to be inherent to the fridge when I bought it by their own engineer make any difference?

Thanks in advance for any advice before I start arguing with the retailer!

wealdroam

feokidoki wrote: »

Hi everyone.

I'm hoping someone can clarify something for me.

I bought a fridge freezer from a high street retailer Dec 2015. After about 10 months, the fridge part was getting too cold and freezing vegetables. I phoned the retailer, they arranged for an engineer to check it and repair it if possible. The engineer came, checked the bottom of the fridge and said it was insufficiently insulated from the freezer below (inherent fault), I would need a new fridge freezer. Phoned the retailer and they had my old fridge freezer replaced with a new one of the same model.

So far so good. Only now the replacement fridge freezer has developed the exact same fault (fridge too cold, ruining my veg).

Under the Consumer Rights Act 2015, I know that after 10 months I had to accept a repair or replacement and was happy to do so but now that the replacement has failed, am I within my rights to ask for a refund instead of another repair/replacement? This seems to be the case from what I've read elsewhere but what I can't work out is if I'm entitled to a full refund. The replacement has failed after only 3 months and I read somewhere that a retailer can't reduce the amount they will refund within 6 months of a failed repair/replacement. Does this apply in my case when I had the original fridge for 10 months or would I have to accept a price reduction based on the use I've had from the original fridge? Does the fact that the original fault was found to be inherent to the fridge when I bought it by their own engineer make any difference?

Thanks in advance for any advice before I start arguing with the retailer!

My understanding is that after one failed attempt at a repair then the consumer can reject the goods and insist on a refund. During the first six months following the sale then that is a full refund.

My interpretation of your situation is that you have had one 'repair' which has now failed so you can reject the thing and receive a refund, which can be reduced to take account of the use you have had. A 'repair' is defined in the CRA as something which makes the goods conform to contract, so I believe replacing the fridge counts as a repair in this context.

As there was no sale when the fridge was replaced, you cannot say that it is less than six months from the sale such that a full refund is in order.

All just my opinion of course.

feokidoki

That's what I was thinking too. I was confused by this text from the Which?website:

If the attempt at repair or replacement has failed, you have the right to reject the goods for a full refund or price reduction - if you wish to keep the product.

And no deduction can be made from a refund in the first six months following an unsuccessful attempt at repair or replacement.

I think this might only apply if the original fault occurs within the first 6 months of owning the product but it doesn't say that specifically. I tried reading the actual legislation at the gov.uk website but couldn't make heads nor tails of it!

Thanks for you response.

RoonilWazlib_2

Yes - the 6 months would be counted from the original purchase date so in this case it may be a partial refund.

Heliflyguy

Isnt it a bit odd that it takes 10 months each time for a lack of insulation to cause the problem?

I would have thought if that was the issue it would be evident sooner than 10 months.

You accepted a like for like replacement that has an inherent fault?

feokidoki

The fault actually started to appear much earlier than that but I thought that I had the fridge and freezer settings too high. I played around with the temperatures until it was clear that the fridge was too cold even on the lowest settings for both.

I hoped that the fault was just on that particular fridge freezer and that the replacement would be fine. It has taken 3 months for the same thing to happen on the replacement so now I am assuming this is a problem with this model rather than just the indivdual unit.

I should have complained to the retailer as soon as I noticed a problem instead of thinking I was doing something wrong!

My options are now more limited: accept a repair (though, given the fault I don't think this is possible), accept a replacement (not sure what my rights are to demand a different model?), or accept a partial refund due to the time I have had use of the original and replacement fridge freezers (can I make and argument that I am owed compensation for the ruined food that I've had to throw away?).

All very confusing.

wealdroam

feokidoki wrote: »

...can I make and argument that I am owed compensation for the ruined food that I've had to throw away?

Yes of course you can.

Just submit the substantiated list of your losses.

feokidoki

OK, thanks. I'll give that a try. By substantiated, could that be till receipts with the items rendered inedible highlighted or should I be photographing everything?

RoonilWazlib_2

I made a claim a number of years ago for lost food due to a faulty freezer and the trader settled it without any evidence - some will ask for more info. You cant really know until you tell them you are including that in a claim and see what they say.


Receipts and photos should be enough - may not need as much as that

feokidoki

Interesting. I have some evidence of what I've lost and such a claim might offset the reduction in refund so that I'll be able to buy a new fridge with similar specs by a different manufacturer.

Now all I have to do is see what the retailer says.

Thanks for taking the time to respond.

Fosterdog

Be prepared for them to want another engineer visit to confirm the fault if they haven't already done so. Although they can make a partial reduction not all retailers do and you may well find you get a full refund.