Can Currys really expect me to pay for this???

Lee337

Hi everyone,

I only purchased our fridge/freezer from Currys in May 2020 and because it's now over 1 year old, they want me to pay to repair it even though it's NOT our fault it's broken. Nothing anyone of my family have done could cause this as it's the only way to open the door! So it's clearly a design fault (or a defect in the material). As you can see from the photos, to open the fridge door you need to put your fingers into the recessed area underneath and pull, but this has cracked and if pulled again will break off! Surely, this should last more than 18 months!?

I just contacted Currys who refused to do anything other than ask me to pay them to repair it. I should not have to pay to rectify this defect or design fault and I would like to know what the law says on this, if anyone knows please? I am willing to take the matter to the small claims court if I'm advised to.

Thanks.

user1977

As it's over 6 months, the onus would be on you to prove that it was down to an inherent fault.

Is it available as a spare part?

pinkshoes

You will need to get an independent engineer to write a report to state that the door has not failed due to mis-use and was faulty at the point of purchase. Take this back to Currys then mention the Consumer Rights Act.

It will be up to them if they repair, replace or offer a partial refund. They will also need to pay for the report if it shows it to be a fault. 

It might also be worth looking up the cost of spares as this could be less hassle.

Lee337

But there is only ONE way to open the fridge door and that is by placing fingers under the recess and pulling! That is how it's been designed (rather than having a handle that sticks out to pull). So, that should NOT crack and then come off should it, otherwise it's not fit for purpose?

cx6

But Currys don't know you haven't hit it with a hammer, so that is why you will need the independent report as mentioned above

What is the make / model of the fridge?

JJ_Egan

Not fit for purpose requires an independent report under the law .

Are you sure they said you pay for repair .

Or did they ask for a report , or even say from the pictures you have damaged it .

Are you claiming under some warranty or the law??

TELLIT01

The OP needs to check for reviews of the specific model of fridge.  If there are other comments about the handgrip breaking they will have a better case to claim it is a design fault.  If there are no other reports of problems it is likely that it has broken due to something happening in the home.  For example somebody falling against it, or hitting it with something accidentally.

mattyprice4004

With a report you should be fine, but Currys are well within their rights to ask for this - there's nothing to stop you hitting it with a hammer or accidentally damaging it during a home move. 

Aylesbury_Duck

It could be a symptom of another problem, rather than a fault itself.  A faulty hinge for example, would mean that extra force is needed to open the door which has over-stressed the handle.

Couldn't you open the door with a sucker, for example, and check that the hinges operate correctly and that there's nothing else impeding the door and putting the handle under excess stress?

Lee337

Aylesbury_Duck said:

It could be a symptom of another problem, rather than a fault itself.  A faulty hinge for example, would mean that extra force is needed to open the door which has over-stressed the handle.

Couldn't you open the door with a sucker, for example, and check that the hinges operate correctly and that there's nothing else impeding the door and putting the handle under excess stress?

Thank you everyone for your comments, thoughts and suggestions and your point here Aylesbury_Duck is very good...yes, the part that has failed may have failed due to something else. To answer a couple of other questions...

1. I can still open the door by either pulling in almost the same place (but nearer the centre) or by gripping the edge of the door and opening it that way.
2. The make/model etc is: Day1 H8 A1E W UK.1 70/30 Fridge Freezer
3. I (nor my wife) have done anything to it other than open and close the doors since it was plugged in after delivery by the Currys delivery drivers (and they took away our old one).
4. The customer services agent I spoke to didn't even ask for any photos or proof from me of the claim that it must be a design flaw or a defective/weak material etc. He said, I had no extended warranty and it is over 12 months old. They can arrange a repair, but I must pay. End of. He never even looked into it or asked if I could send a report in so they can approach Hotpoint...nothing!
5. I didn't take out any extra warranty as I never thought something like this would fail! The mechanical parts inside maybe, but not the hand grip for the door!

Here is a better photo I just took. In contrast this problem would never happen to the lower door because as you can see, the handgrip is a good thickness, unlike the flimsy plastic one on the top door...

Aylesbury_Duck

You can get it inspected by an independent white goods repair person and if s/he considers it a design flaw/inherent defect, you can press Currys for a repair, replacement of partial refund, plus reimbursement of the cost of that inspection.