Damaged Goods Issue

kcfitz

Apologies for the length of this post but I know people need as much detail as possible in order to advise on a situation

On 20th September 2016 I took delivery of an LG American style fridge freezer. I had previously ordered and paid for this in June 2016 at a reduced price as it was the last of the model and was displayed on the shop floor at my local Currys store. I explained that I was renovating a house and at that time, was living in rented accommodation and requested that it be kept in the store's warehouse until such time as I was able to take it into my new home. In September 2016 the fridge freezer was delivered to my new address by 2 men and a wagon and I was informed, they had brought it from a depot 90 miles from my local store. They left it in my kitchen fully wrapped.

When I removed the wrapping a few days later I saw immediately that it had several severe dents/holes on both of the front doors.
I telephoned the Currys helpline and requested that they arrange for new doors to delivered and after several phone calls over a period of days, was told that I would need to take up the complaint with my local store as it was their responsibility.

I took photographs of the damage and travelled the 10 miles to my local store were I spoke to the duty manager. She took all my details and told me my complaint would be dealt with and that someone would contact me.

I have had to return to the store several times and have spoken to 3 different duty managers eventually being informed that the issue was whether we were going to be given new doors for our fridge freezer, a new machine altogether or a refund. I have emailed pictures of the damage to the duty manager on more than one occasion. Then having had no satisfaction 6 months after delivery of our fridge freezer (and almost 9 months after paying for it) I emailed Currys Customer Services informing them of the situation.
Following this, my husband received a telephone call from our local store's duty manager informing him that she was 'totally fed up' with our ongoing complaint and that she 'wanted rid of it'
She informed us that they were unable to provide us with new doors and offered to give us a full refund but that they would have to take our fridge freezer back :mad:

As we purchased the item at a much lower cost than the original retail price, due to it being a discontinued shop floor model, this would have meant we would be unable to afford to replace it with an equivalent American style model. In renovating our house, we had the kitchen interior built around the fridge freezer as that had been our first purchase. Unfortunately, the model we purchased was slightly smaller in height than most American models (which was the reason for buying it as we have a very low ceiling in a compact kitchen). This gives us the additional, greater problem of obtaining a new fridge freezer as we had a casing built around it and a cupboard above. Having explained this to the manager, my husband was informed that no compensation would be given for damage/removal/repair work that this would incur if we did remove the item. We also have had a porch area fitted to the front of the house which would not allow access of an American style fridge freezer :eek:

Due to the state of the doors on such a large scale being so embarrassing we have had to postpone several plans including our house warming party, a planned Christmas party and sort an equivalent location for our Granddaughter's 1st birthday party.
Almost 12 months since making the purchase, we still have seriously damaged doors on a new fridge freezer which completely spoils the look of our totally new kitchen in a house we only moved into in October 2016 :mad:

We really would have loved just to have the doors replaced and find it hard to understand that this cannot be arranged.

Please please could someone advise us of our legal position regarding compensation (or new doors) This has really taken the shine off our dream kitchen in our retirement

[Deleted User]

kcfitz wrote: »

She informed us that they were unable to provide us with new doors and offered to give us a full refund but that they would have to take our fridge freezer back :mad:

As we purchased the item at a much lower cost than the original retail price, due to it being a discontinued shop floor model, this would have meant we would be unable to afford to replace it

Your only realistic legal option is to accept the refund and then threaten them with court action over the loss of bargain. They are not obligated to replace your fridge.

societys_child

and offered to give us a full refund but that they would have to take our fridge freezer back

Were you hoping to be refunded and keep it?

We really would have loved just to have the doors replaced and find it hard to understand that this cannot be arranged

If it's not made any more, where would they source the doors?

[Deleted User]

societys_child wrote: »

Were you hoping to be refunded and keep it?

It certainly sounds like it.

The OP needs to understand that this will never happen.

DCFC79

kcfitz wrote: »

Apologies for the length of this post but I know people need as much detail as possible in order to advise on a situation

On 20th September 2016 I took delivery of an LG American style fridge freezer. I had previously ordered and paid for this in June 2016 at a reduced price as it was the last of the model and was displayed on the shop floor at my local Currys store. I explained that I was renovating a house and at that time, was living in rented accommodation and requested that it be kept in the store's warehouse until such time as I was able to take it into my new home. In September 2016 the fridge freezer was delivered to my new address by 2 men and a wagon and I was informed, they had brought it from a depot 90 miles from my local store. They left it in my kitchen fully wrapped.

When I removed the wrapping a few days later I saw immediately that it had several severe dents/holes on both of the front doors.
I telephoned the Currys helpline and requested that they arrange for new doors to delivered and after several phone calls over a period of days, was told that I would need to take up the complaint with my local store as it was their responsibility.

I took photographs of the damage and travelled the 10 miles to my local store were I spoke to the duty manager. She took all my details and told me my complaint would be dealt with and that someone would contact me.

I have had to return to the store several times and have spoken to 3 different duty managers eventually being informed that the issue was whether we were going to be given new doors for our fridge freezer, a new machine altogether or a refund. I have emailed pictures of the damage to the duty manager on more than one occasion. Then having had no satisfaction 6 months after delivery of our fridge freezer (and almost 9 months after paying for it) I emailed Currys Customer Services informing them of the situation.
Following this, my husband received a telephone call from our local store's duty manager informing him that she was 'totally fed up' with our ongoing complaint and that she 'wanted rid of it'
She informed us that they were unable to provide us with new doors and offered to give us a full refund but that they would have to take our fridge freezer back :mad:

As we purchased the item at a much lower cost than the original retail price, due to it being a discontinued shop floor model, this would have meant we would be unable to afford to replace it with an equivalent American style model. In renovating our house, we had the kitchen interior built around the fridge freezer as that had been our first purchase. Unfortunately, the model we purchased was slightly smaller in height than most American models (which was the reason for buying it as we have a very low ceiling in a compact kitchen). This gives us the additional, greater problem of obtaining a new fridge freezer as we had a casing built around it and a cupboard above. Having explained this to the manager, my husband was informed that no compensation would be given for damage/removal/repair work that this would incur if we did remove the item. We also have had a porch area fitted to the front of the house which would not allow access of an American style fridge freezer :eek:

Due to the state of the doors on such a large scale being so embarrassing we have had to postpone several plans including our house warming party, a planned Christmas party and sort an equivalent location for our Granddaughter's 1st birthday party.
Almost 12 months since making the purchase, we still have seriously damaged doors on a new fridge freezer which completely spoils the look of our totally new kitchen in a house we only moved into in October 2016 :mad:

We really would have loved just to have the doors replaced and find it hard to understand that this cannot be arranged.

Please please could someone advise us of our legal position regarding compensation (or new doors) This has really taken the shine off our dream kitchen in our retirement

So this started September last year right, its now July 2017, I cant see Curry's doing anything about it now with it being what 9 months later. Should have got it replaced at an earlier point.

Whats the model number of the fridge ?

So you had the Fridge freezer delivered and then at some point had the porch area fitted meaning a new 1 cant fit through, why did you have the porch done when there was the possibility you would be getting a new fridge freezer.

[Deleted User]

DCFC79 wrote: »

So this started September last year right, its now July 2017, I cant see Curry's doing anything about it now with it being what 9 months later.

To be fair, they've already offered a full refund.

shaun_from_Africa

kcfitz wrote: »

Due to the state of the doors on such a large scale being so embarrassing we have had to postpone several plans including our house warming party, a planned Christmas party and sort an equivalent location for our Granddaughter's 1st birthday party.

Does the appliance still work?
If so and If you had damaged the doors in a drunken stupor and were embarrassed about this then I could understand why you would cancel all of the events you had planned but as the damage was nothing to do with you, do you really think that your friends and relatives wouldn't have understood and wouldn't have had a good time simply because a fridge/freezer had doors that were far from perfect.

Have you considered contacting LG and finding out from them if replacement doors are available and if so, how much they would cost?
If they can supply and fit them, get a quote then contact Currys again and ask if they would be willing to cover the cost rather than giving a full refund for the unit.

unholyangel

Yes you can ask for a repair. However you cannot force one if that repair is impossible (ie parts aren't available or its something that can't be repaired) or its disproportionately costly.

Then you would be limited to a refund with a possible claim for damages. Damages are normally assessed as the amount required to put you back into the position you would have been in had the contract been performed correctly. So perhaps look at what ex-display/returns of similar models/specification/condition FF's go for. The price of a new FF would be a betterment. Civil law doesn't uphold betterment because it goes further than necessary to right the wrong and ends up punishing the party in breach, which is not the purpose of civil law.

The kitchen was (sorry but honest opinion) your own fault. That FF could break after 4 years and be deemed to last a reasonable length of time (both price & it being ex-display would be relevant factors in deciding whether something lasts a reasonable length of time) and you'd be facing the same issue. And legally, you can only recover damages that were foreseeable/are not too remote. Damages are generally foreseeable if it would have been fairly obvious to the world at large (a direct loss) or sometimes even if there were damages unique to that contract if they were aware of that risk and it was in the contemplation of the parties at the time the contract was entered. imo loss of this type could not have been foreseeable (and you dont mention making them aware of it).

The cancelled parties are likewise I'm afraid. Its a fridge freezer/simple business transaction that went wrong. I can't believe you're allowing it to dictate your social planning. If nothing else, it would have been a good conversation piece and started the evening off on a jolly note about how the battered & bruised FF sticks out like a sore thumb in your shiny new kitchen

Fosterdog

Buy some magnets, do some finger painting with your granddaughter (and any other grandchildren you have) use the magnets to proudly display their artwork on your fridge and hey presto the damage is covered.

DCFC79

Moneyineptitude wrote: »

To be fair, they've already offered a full refund.

It wasnt entirely clear but it was in response to the compensation being asked for.

martinsurrey

Moneyineptitude wrote: »

Your only realistic legal option is to accept the refund and then threaten them with court action over the loss of bargain. They are not obligated to replace your fridge.

what loss of bargain?

OP bought an ex display fridge for an ex display fridge price.

There have been no material movements in the prices of fridges and no indication that the OP got an amazing deal on what was an ex display model (it was cheaper than a new one, which it should be as they didn't buy a new fridge, but that hasn't changed).