Consumer Rights Act 2015 - Currys Offer Reasonble?

143bruffell

Hi All
I’ve had an offer from Currys following my claim for a broken fridge freezer which cannot be repaired and is less than 6 years old. 

I supplied proof from the engineer I called out that it cannot be repaired, which they have accepted and have greed to pay for.  

The fridge freezer was 2 month short of 6 years old and cost £399.99. 

On that basis Currys have offered the princely sum of £31.67. 

Meanwhile I had bought a replacement, not knowing how long it would take for the issue to be resolved with them, at a cost of £469. 

Can anybody tell me from their own experience if their offer reasonable? 

If I took this further is it likely ADR would result in the same amount being awarded?
I have been in touch with Consumer Protection and not surprisingly they can’t offer an opinion or advice on the offer. 

It seems pretty poor that I’m £469 out of pocket having replaced a fridge freezer that’s only been in use for just under 6 years and the best I can hope for is a refund of £31.67. 

Hope somebody can enlighten me as to what my chances are of doing any better if I take the matter further. 

Okell

Depends how you look at it.

If it had kept working for another three months so that it failed when it was 6 years and one month old, you wouldn't be entitled to anything.  So £31.67 now could be reasonble...

On the other hand, you could reasonably argue that a fridge freezer should last longer than 6 years.  Let's say ten years.

In that case you would have enjoyed just under 60% of the item's expected life so you could expect a refund of 40% which would be about £160.

Arunmor

Who knows how they discount these for use.  I personally use 30% per annum and using that method you get to about £50, so I think it isn't to bad an offer. Irritating as you expect longer from a fridge. I guess that is another brand for you to cross off your list.

born_again

Well given most work a refund on a 6 year timescale.
£31.67 is well above the % for 5  years 10 months use.

Remember the refund is based on the cost of the old one, not the new. 

Take it & think you did well out of them. 
Many would not even bother & just go & buy a new one.

143bruffell

Thanks all for your comments. I am arguing 10 year lifespan. We shall see……

DullGreyGuy

The law doesn't state how "use" should be calculated. With my claim against JL they used a 72 months denominator and so being 2 months short of 72 months use that'd be £11 refund from them so Currys are offering 3x what John Lewis would. I added the cost of the food that was lost in the freezer when it warmed itself to 24C and so in the round I accepted it. 

Ultimately it's your choice, if you can successfully argue use should be over 10 years then you get to 40% refund so £160 but it could take you months of arguing and having to issue court proceedings for the sake of £135... some say thats perfectly reasonable and others will say their personal time is more important to them. 

143bruffell

Thanks. They’ve rejected my counter offer and reiterated their offer. I don’t think it’s worth the hassle pursuing it further. 

TELLIT01

Using the simplest calculation of £400 / 72 months x 2 months remaining gives £11.11p.  On that basis their offer is a generous one

Ergates

143bruffell said:

Thanks. They’ve rejected my counter offer and reiterated their offer. I don’t think it’s worth the hassle pursuing it further. 

This issue isn't about how long something *should* last really (for a fridge it's longer than 6 years).   The issue is that the statutory limit for claim for breach of contract (which is what this would be) is 6 years. 

So, if you've had the item longer than 6 years*, then the retailer can just shrug and say "Sorry, not our problem" and you'll get nothing.  Which is why they use 6 years as the tapering off point.

* unless the contract specifically includes a provision that says otherwise.

Exodi

I don't even think it would cross my mind to contact a retailer for an item that broke 'that’s only been in use for just under 6 years'. Their offer is not suprising, I think you're making the (common) mistake in thinking that you should be refunded the retail price of a brand new product - but it wasn't a brand spanking new fridge that broke.

While you've been unlucky that you only got 6 years from a fridge (there's the stereotype of fridges lasting decades), I would count it as a small win getting ~£30 off them. As someone else said, if it broke less than a couple more months later they'd have told you to go away.