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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Any one work for whirlpool repairing fridge/freezers


Freya
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hi does anyone out there work for whirlpool? I purchased a whirlpool side by side fridge freezer 18 months ago the temperature in the fridge side will not work properly although it shows -24 on the freezer side and 2 on the fridge it is not at that temperature.Surely it should last longer than 18 months for domestic use

 

I purchased it from Curry's online, Whirlpool wont repair it without charging me an arm and a leg. Any help will be appreciated. Thanks Freya

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Hiya, I don't work for Whirlpool but to be honest your first port of call should be Currys as your 'contract' for the ggods lies with them, not the manufacturer. Under the Sale of Goods Act:

 

The Sale of Goods Act 1979 (as amended) says that goods should be as follows:

 

This means the goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information. In some circumstances, the retailer may be liable for any statement made by the manufacturer about the goods.

 

Satisfactory quality includes the appearance and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)

 

  • Fit for the purpose

that goods of this type are generally sold. They must also be fit for any specific or particular purpose made known to the seller at the time of the agreement.

 

  • As described

- goods should correspond with any description applied to them.

 

Email Curry's ( best to keep all correspondence in writing ) and see what they say. Under the Act the goods should last for a 'reasonable time' but this isn't specified and will vary depending on the goods. It's usually accepted that the time goods should last is how long any 'reasonable person' would expect similar goods to last... I would certainly expect a brand new fridge-freezer to last longer than 18 months...

 

Good luck! :)

  • Confused 1
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Thanks for your help I have emailed them I will now wait to here what they say .

I had previously spoken to them on the telephone they told me it was not their problem. I would have to contact the repairs telephone number and pay for the repair myself.I will let you know what happens.Thanks again Freya.

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No problem, good luck with it. I've also had a look on the OFT ( Office of Fair Trading ) website which links to this Consumer Direct . There's specific info regarding electrical goods:

 

If you have used them more than a few times or have had a reasonable opportunity to check them, you are probably still entitled to a repair or replacement. A repair should be carried out within a reasonable period of time and without causing you significant inconvenience. Any repair should restore goods to a satisfactory condition. If this does not happen, you are entitled to a replacement or compensation. This could be a sum of money or the cost of hiring a temporary replacement, or perhaps the loan of a replacement.

If the goods cannot be replaced or repaired economically, you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the goods.

 

If things go wrong

 

If you determine that there is a problem with the electrical goods you have purchased, do the following.

  • If you can, stop using the goods at once.
  • Check there really is a fault - read the instructions carefully.
  • Be certain that the fault was not caused by misuse, an accident or by not following the instructions.
  • If you can, collect together any instructions, leaflets, packaging etc which came with the goods. Pack them all up with the goods.
  • Locate your proof of purchase. If you haven’t got a receipt, you can use a credit card voucher or cheque stub. Own-brand goods, something exclusive to one shop (such as a customised carrier bag) or the packaging may prove where you bought the item. If someone was with you when you bought it, they can back you up. Remember - it is up to you to show where and when you bought the goods.

You will now need to contact the trader straight away and report the problem. If you bought the goods locally, visit the trader. Take the item, the packaging (if possible) and any proof of purchase with you. If you cannot take the goods back to the shop, either phone or write to the trader.

 

 

Hope this is useful - by the looks of it you can go direct to this site and seek further help if Curry's won't play ball...

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edit: incorrect info.

 

 

Big Blue One what is the correct info I still haven't got my fridge fixed 2 weeks on. They told me to find out whats wrong with it get the part and have it fixed.In other words do it myself, Currys are officially crap.

 

I have no idea what to do next.

 

 

Freya

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  • 2 months later...

Thanks to everyone who sent messages to me with help. I managed to get it repaired and get Currys to pay for the repair plus depreciated credit too. A good result all round even if it did take a couple of months.

 

Kind regards Freya x

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  • 9 months later...

Freya

We are having the same problem with our 16 month old side by side fridge/freezer. After your repair had been done - has the appliance worked ok since?

I am about to try my retailer quoting "sale of goods act" satisfactory and durable condition.

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  • 1 month later...

Hi, I purchased a Whirlpool side by side fridge freezer 3 years ago from Whirlpool direct. 3 months later the fridge started freezing. An engineer called & replaced the diffuser. After the fifth time the diffuser had been replaced over the next 2 years, lots of time wasted on the phone, unanswered letters, fresh food being frozen & having to be thrown away, waiting in for the engineer & being told by Whirlpool that "as the appliance is in full working order at the moment (after the engineer has been & fixed it!), we cannot offer you a replacement" we had had enough. The next time it froze, we arranged for the engineer to come & inspect it but refused to let him fix it. Contacted Whirlpool, who contacted the engineer & eventually got a replacement fridge/freezer, Jan 07.No fridge over Xmas & new year-nightmare! Guess what, we have just had to chuck most of what was in the replacement fridge as it froze. There were even shards of ice in my beer. Well, that was nice actually.

It is 7:15 pm & I am waiting for the engineer to call round to fix this latest problem. (the diffuser was replaced again)

The after sales of Whirlpool has been very poor. Deny deny deny seems to be their anthem. It does not take a rocket scientist to work out that if you have had to change the same part six times, the problem lies somewhere else!

Anyway, the moral of the story is, keep complaining. List and keep detailed accounts of all your calls & copies of letters & if needs be, threaten them with small claims court action, as this seems to be the only language they understand.Trading standards helped & supported us.

We'd be interested in hearing from others who've had this continuous complaint-especially if it was sorted out.

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  • 1 month later...

Hi I have the same problem as Freya with my whirlpool fridge freezer and Christmas is approaching fast! Unfortunately mine is a lot older so no come back on sale of goods act. I have already paid out within a year of having the fridge a lot of money to an engineer to fit a new circuit board so am loth to go there again. For what was a very expensive piece of kitchen equipment at the time it is rubbish! I will never by a Whirlpool anything again and am seriously thinking of dumping this one. Does anyone know what is actually wrong with it - is it the thermostat? My water dispenser also does not produce any water and makes a loud knocking noise when pushed although ice is still being produced.

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Hey Coolchick,

 

Had my whirlpool side by side fridge freezer for about three years. Occasionally I notice that the fridge side seems to go into overdrive and cool the contents below the set temperature. I also get the knocking sound when using the water dispenser although ice maker seems to work OK. Anyone know what the problem is?

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Hi,

The engineer noticed the banging noise when he was replacing the diffuser a couple of months after we'd had it. It was straight forward and just needed the pipes securing properly. It's quiet again now. We had the circuit board replaced on our first one-didn't stop it from freezing the fridge though. Would never recommend Whirlpool. We did purchase a fridge thermometer to let us know when the temp was dropping. The digital one outside the appliance didn't change when it froze so you had no idea until you opened the fridge. The diffuser lasts a couple of months and then just goes. The life expectancy of a white goods appliance is 5years i think so this stinks!

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best advice i can think of is photo copy all the engineer reports or all the notes you have from day one about the issues and phone/write to curry's / DSGI using the words Sale of goods act.

 

normally you would after such a long period need to get a independant report to prove that it is over freezing due to you striking the fridge damaging it. but providing proof of the ongoing issue with the exact same fault each time should be sufficient.

 

ensure you mention that you are seeking a remedy under 'Sale of Goods Act' otherwise you will definetly get no where.

 

the local stores dont have engineers, they are also not legally trained to deal with SOGA issues. plus they dont have the authority financially to deal with issues beyond 12 months. so i would suggest not involving the store staff as you will not get any results unless you use agressive language to force the staff to refund to shut you up infront of the other customers. or it can simply get you banned from the store.

 

again writing to the head office, customer complaints, customer services department or calling them will get you more action.

 

some retailers wait until the threat of small claims court is mentioned. but try contacting them with proof of on-going issues. tell them that you are no longer accepting another repair as under SOGA you can now request a replacement or recission (refund) because repairs have been tried and failed.

 

although it is many months on, by showing proof of on-going issues you should expect a high percentage back in the form of a refund. if this is the remedy you request

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  • 3 weeks later...

Hey Simsan

 

I also get the knocking noise and my fridge also freezes food too. It seems we all have the same problem. I have read a post by an engineer on the net which claims that the whirlpool has a design fault in the cooling unit which causes it to ice up and make the polystyrene all soggy and then the fan stops working. Try defrosting I have heard that this works. The engineer replaced my fan unit but a month later it has gone again and the engineer can't come until after Christmas!

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  • 3 months later...

It was interesting to find this thread on the fridge freezers because when I called Whirlpool to say my fridge was freezing they sounded very surprised - but obviously it is a common problem.

We just got it fixed in time under warranty but it has gone again less than two weeks later and is now out of warranty. I've told them I'm not paying for the repair because they failed to fix the fault. I will be awaiting their return to fix it with trepidation.

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  • 5 months later...

Hi guys,

 

I have got exactly the same problem.... and guess what....

Whirlpool were shocked that it is doing this. Mine freezes things in the freezer for 3 days then defrosts them.

 

They sent an engineer out who opened the fridge door and said everything looks fine.... closed it and said there's nothing wrong.

 

At this point it was not frozen....

 

We are so frustrated because not only are we throwing our food away but my babys food too... which means when we wake up baby has no food!!! (of course we feed her an alternative..!!)

 

Any ideas of what the fault actually is???

 

Any help would be much appreciated!

 

Thank you

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  • 10 months later...
  • 9 months later...

Bit late i know but...

 

What is considered reasonable time for fixing a fridge... it has only been a week but with the anticipation it will be at least another before it is fixed... to me this is unreasonable time as a fridge is something of a necessity?...

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  • 2 months later...

Here is a difficult one,

 

i bought a fridge/freezer 2 years ago on the 14 aug 2008. it has stopped working, and i ould like sainsburys to fix it under the sale of good act 1979 as i paid over £800 for it and it is reasonable to expect it to last for more than 2 years.

 

however service was operated for sainsbury's by drl limited, i keep getting passed to either company to deal with this who shall i pursue this with?

 

and is it reasonable to expect a 800 quid fridge frezzer to last more than 2 years? under the sale of good act. It was a whirlpool fridge freezer side by side

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