Some advice please

cwindle

I bought a BEKO fridge freezer from Appliances direct 7 months ago. It has developed a fault and BEKO feel a week is a reasonable time to expect a customer to wait - without a fridge - for an engineer. I called the retailer and they couldn't be less interested. After waiting over 3 hours for a call back from a Manager. I am no further forward and they insist that I have to wait a week for an engineer to visit. I started out happy to accept a repair, now I just want my money back, no repair, no replacement a full refund. I feel that a week is an unreasonable length of time to wait for an engineer and I have explained this to the company who tell me there is nothing they can do about it. Are they in breach of the Consumer rights act by doing this ? Am I within my rights to refuse a repair and insist on a refund. The fridge is only 7 months old. It is not fit for purpose nor has it lasted a reasonable length of time. In the meantime I have no fridge - all my frozen food has thawed out and had to be thrown away. This company are a disgrace. If you look on facebook there are loads of unsatisfied customers, they seem to think they can do as they please. Can I stick to my guns and insist on a refund or do I have to wait a week for the engineer to visit.:mad:

BoGoF

After 6 months you can't insist on anything. Onus is now on you to show it is an inherent fault. You could commision you own engineer report.

the_lunatic_is_in_my_head

cwindle wrote: »

I Am I within my rights to refuse a repair and insist on a refund.

Sadly not, you have the short term right to reject for a full refund within 30 days.

After this the retailer can refund, replace or repair.

If they repair and the unit fails again then you can reject.

After 6 months the refund may be reduced to account for usage vs lifespan.

After 6 months the retailer can insist you obtain an independent report to demonstrate the fault exists.

Regarding the contact you have had with Beko they are likely to be acting under warranty terms (which can be anything).

You can push for the retailer to act under the Consumer Rights Act but they may insist on the report as above.

Aylesbury_Duck

cwindle wrote: »

I bought a BEKO fridge freezer from Appliances direct 7 months ago. It has developed a fault and BEKO feel a week is a reasonable time to expect a customer to wait - without a fridge - for an engineer. I called the retailer and they couldn't be less interested. After waiting over 3 hours for a call back from a Manager. I am no further forward and they insist that I have to wait a week for an engineer to visit. I started out happy to accept a repair, now I just want my money back, no repair, no replacement a full refund. I feel that a week is an unreasonable length of time to wait for an engineer and I have explained this to the company who tell me there is nothing they can do about it. Are they in breach of the Consumer rights act by doing this ? Am I within my rights to refuse a repair and insist on a refund. The fridge is only 7 months old. It is not fit for purpose nor has it lasted a reasonable length of time. In the meantime I have no fridge - all my frozen food has thawed out and had to be thrown away. This company are a disgrace. If you look on facebook there are loads of unsatisfied customers, they seem to think they can do as they please. Can I stick to my guns and insist on a refund or do I have to wait a week for the engineer to visit.:mad:

No, they are not in breach of the CRA.
No, you cannot insist on a refund.
They're entitled to inspect the fridge to establish if the fault is inherent. If it is, they can choose whether to repair, replace or refund. If they elect to refund you, they can make a deduction for the seven months' use you've had to date.
You may have a case to claim for your genuine losses but you have a duty to mitigate them. Can you borrow a fridge or get a free/cheap one from ebay, freecycle, etc?
Does your insurance cover freezer contents? If so, does the value of what you've lost make it worth claiming?
Do your research before you buy next time. It's no good finding lots of bad feedback after you've purchased it.

cwindle

Is it unreasonable of them to expect me to wait a week for an engineer to come and look at it? I feel like I am being dismissed. Its really annoying me - the fridge wasn't a cheap one, and I expected it to last longer than 7 months. Its going to cost me a days pay, not to mention the loss of the food. They can just do what they want then and I, have to just sit and wait ?

Aylesbury_Duck

cwindle wrote: »

Is it unreasonable of them to expect me to wait a week for an engineer to come and look at it? I feel like I am being dismissed. Its really annoying me - the fridge wasn't a cheap one, and I expected it to last longer than 7 months. Its going to cost me a days pay, not to mention the loss of the food. They can just do what they want then and I, have to just sit and wait ?

Pretty much, yes. Make sure you keep an account of your genuine losses because once it's sorted, you should push for something by way of compensation. By genuine, consider whether you are actually 'losing' a day's pay. Is that the case, or would it mean you having to take a day's paid leave?

the_lunatic_is_in_my_head

cwindle wrote: »

Is it unreasonable of them to expect me to wait a week for an engineer to come and look at it? I feel like I am being dismissed. Its really annoying me - the fridge wasn't a cheap one, and I expected it to last longer than 7 months. Its going to cost me a days pay, not to mention the loss of the food. They can just do what they want then and I, have to just sit and wait ?

As above Beko are likely acting under warranty and you have to check the terms regarding timing but any alternative avenue will take longer than a week so you are bit stuck.

The problem with white goods is that most of these retailers just shove customers to the manufacture.

Some may say you are getting a quicker resolve but I'm fairly certain (based on reading this forum) accepting a repair under warranty means you could not reject with the retailer under the Consumer Rights Act if it fails again as you would be entitled to do if the retailer had sorted the first issue.

Best advice is to buy from a company with a good reputation for customer service or save a bit but have this risk should a problem arise.

cwindle

Aylesbury_Duck wrote: »

Pretty much, yes. Make sure you keep an account of your genuine losses because once it's sorted, you should push for something by way of compensation. By genuine, consider whether you are actually 'losing' a day's pay. Is that the case, or would it mean you having to take a day's paid leave?

Actually it would mean that I lose a days pay as I have no leave left to take. So yes that is a genuine loss as is the food that I had in the freezer and the cost of the calls I have had to make - hanging on for almost half an hour just to speak to a person and not a machine was especially enjoyable ! I could claim on insurance, but that will back fire at renewal. I really think a week is unreasonable, a few days I would accept, but a week is just taking the mick.

BoGoF

So even if enginner could come tomorrow you would have to take unpaid leave? The fact it is taking 7 days isn't creating a further loss.

cwindle

BoGoF wrote: »

So even if enginner could come tomorrow you would have to take unpaid leave? The fact it is taking 7 days isn't creating a further loss.

If an engineer could come tomorrow I wouldn't mind so much - its the fact I am having to go a week without a fridge/freezer that is giving me the hump and the fact that no one seems to be in the least little bit bothered. "They" seem to think that its perfectly acceptable!

Aylesbury_Duck

cwindle wrote: »

If an engineer could come tomorrow I wouldn't mind so much - its the fact I am having to go a week without a fridge/freezer that is giving me the hump and the fact that no one seems to be in the least little bit bothered. "They" seem to think that its perfectly acceptable!

Bear with me, but what's unacceptable about it? You bought a fridge. You didn't buy a service to guarantee keeping your food refrigerated 24/7. There's a difference. Things go wrong and whilst I agree that going wrong after only seven months isn't reasonable, it's up to you to have contingency plans the same as you should for power cuts, a gas leak, a car problem, and anything else that could cause you to incur loss of convenience or real cost. In this case, it's perfectly possible to hire a small temporary fridge, borrow space in a friend's/relative's/neighbour's fridge or get one cheaply or even free to tide you over.

I'm challenging not out of just being argumentative, but to forewarn you of arguments the other party are likely to make and for which you should be prepared. I don't think waiting a week for a technician to come out is unreasonable. Inconvenient, yes but not unreasonable.