Consumer rights

Rossi1343

Afternoon everybody.  Having a bit of a battle with AO customer services and after some advice.  I bought a Beko American fridge freezer from them November 2021. Price £950. 2 year warranty.  Out of warranty stopped working. Beko engineer has been out and it's not repairable due to faulty wiring inside the appliance that you can't get to as its foamed in with the insulation. 
I asked for it to be repaired but now it cant,  I asked for it to be replaced under CRA 2015. 
AO are refusing to replace it. Stating that as its not under warranty they don't replace and will only do a depreciated refund for £650 which includes £70 expenses for the Beko engineer report. 
I thought from reading the legislation that they had to replace if I requested it and it wasn't disproportionate to a repair.  SAD FART aside and it only being 6 months out of warranty, can they force me to have the DR rather than a replacement? 

Many thanks 
James

the_lunatic_is_in_my_head

Hello OP

You do have the right to a repair / replacement except where impossible or disproportionate but where the trader fails to do so you move on to the final right to reject. 

Their offer seems to be a little low to me, they appear to be suggesting your fridge freeze should only last 6 years where as 8-12 would be more appropriate IMO, these big companies typically always offer the lowest they think they'll get away with, personally I'd be looking for around £720 + the £70 on an £950 appliance. 

Did you pay on credit, either credit card or AO's own credit? 

DullGreyGuy

the_lunatic_is_in_my_head said:

Their offer seems to be a little low to me, they appear to be suggesting your fridge freeze should only last 6 years where as 8-12 would be more appropriate IMO

A few companies seem to have decided that "use", which is what you are technically being charged for, is a straight line over 6 years. Unfortunately the CRA states they can reduce a refund to reflect use before the issue without any indication of how this should be calculated. 

Those do however seem to be consistent, reduce things like wireless headphones that arguably more have a life of 3-4 years over 6 in the same way as large white goods which you'd hope for longer than 6 years. 

It's very hard to get an average life expectancy value for items, and even less clear on how that has potentially changed over time. Many quote 8-20 years for a fridge freezer but that not clear if that is one bought a decade ago or one bought today. Whilst many complain of planned obsolesce the reality is many things are proportionally much cheaper than they historically have been and have more functionality than the older more expensive models. Doesn't seem surprising that life expectancy may be lower when you are paying less for more. 

Bumped into our neighbour the other day in the mini-supermarket. He couldn't remember if they needed OJ or not so got his phone out and looked in the fridge (he did). Is a in fridge webcam going to last 12 years? Wasnt even an option 10 years ago. 

Rossi1343

I believe I paid for it on credit card. Not sure if this would fall under a section 75 claim or not? 

Just wondering what the next step would be if they're not willing to budge on their valuation?  

eskbanker

Rossi1343 said:

I believe I paid for it on credit card. Not sure if this would fall under a section 75 claim or not? 

It should do, and your card provider might take a different view on the size of the deduction for the 2.5 years of use?

Aylesbury_Duck

Rossi1343 said:

Afternoon everybody.  Having a bit of a battle with AO customer services and after some advice.  I bought a Beko American fridge freezer from them November 2021. Price £950. 2 year warranty.  Out of warranty stopped working. Beko engineer has been out and it's not repairable due to faulty wiring inside the appliance that you can't get to as its foamed in with the insulation. 
I asked for it to be repaired but now it cant,  I asked for it to be replaced under CRA 2015. 
AO are refusing to replace it. Stating that as its not under warranty they don't replace and will only do a depreciated refund for £650 which includes £70 expenses for the Beko engineer report. 
I thought from reading the legislation that they had to replace if I requested it and it wasn't disproportionate to a repair.  SAD FART aside and it only being 6 months out of warranty, can they force me to have the DR rather than a replacement? 

Many thanks 
James

I think so, yes.  I think it's their choice.  A replacement could be one of a similar specification (if the original model is discontinued after 2.5 years) which might not suit your requirements, and a repair sounds unreasonably complex/expensive.

Does £580 get you anything suitable, or at least a decent chunk towards something suitable?  

Rossi1343

No unfortunately replacement on spec is about £900+.  Just having the time and the energy to battle it when other life stuff has priority. Just annoys me that they get away with it🤣

Aylesbury_Duck

I'd do what eskbanker suggests, and invite your credit card company to give their view.

the_lunatic_is_in_my_head

DullGreyGuy said:

It's very hard to get an average life expectancy value for items, and even less clear on how that has potentially changed over time. Many quote 8-20 years for a fridge freezer but that not clear if that is one bought a decade ago or one bought today. Whilst many complain of planned obsolesce the reality is many things are proportionally much cheaper than they historically have been and have more functionality than the older more expensive models. Doesn't seem surprising that life expectancy may be lower when you are paying less for more. 

Bumped into our neighbour the other day in the mini-supermarket. He couldn't remember if they needed OJ or not so got his phone out and looked in the fridge (he did). Is a in fridge webcam going to last 12 years? Wasnt even an option 10 years ago. 

I do agree it's subjective which sort of discredits this 6 year idea further.  

I understand stuff is cheaper nowadays, looking on AO fridge freezers start at just shy of £200 and the first page of "most popular" are under £400 but once you start getting close to £1000 for TV, fridges, washing machines, etc I do think at that price there should be a better expected lifespan, although do agree on the gadget aspect so it's fair to ponder whether OP paid the extra for better quality or "features".

Aylesbury_Duck said: A replacement could be one of a similar specification 

A replacement should typically be identical as far as consumer rights go, obviously nothing to stop AO and OP agreeing to a similar item as a replacement but just as a general note, there doesn't appear to be an obligation to accept similar as a remedy.  

Rossi1343 said:

I believe I paid for it on credit card. Not sure if this would fall under a section 75 claim or not? 

If you paid on a credit card and couldn't agree with AO on a figure you could try a S75 claim with the bank as they are jointly liable in the exact same way AO are, as above they might come to a different figure and have the back up of a regulated complaints process but AO hope most people accept and go away, being a polite thorn in their side might see them offer a more agreeable figure.