Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default fridge **SUCCESS**

    hi ,when i bought my new kitchen last june i had to buy built in appliances with it,now my built in fridge wont work at all .we rang the company we got the kitchen from and they supplied us with a customer number to ring about the fridge.they said it could be the thermostat and we would have to order one,well we ordered one and had it fitted but it still isnt working at all.the service guy said it could be that the unit has lost its gas?the warranty for one year ran out at the end of last month ,i know i prob wont have a leg to stand on but do you think i still have a right to complain or is there anything i can do short of buying a new one every year?thanks guys

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  2. #2
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    Default Re: fridge

    Hi i know it sounds strange but yes fridges do have a little gas canister at the bottom, its something to do with the coolant! sometimes they need refilling, any domestic appliance engineer can do this for you. of course if its faulty i.e leaking it should be replaced! was the original fault you reported within the guarantee period if so chase it up, you have a right to have it repaired under guarantee, come back if no joy!!!!

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


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    Thumbs up Re: fridge

    Hi Thanks For The Quick Reply,no We Have Just Found Out About The Gas Leakage,just Wondering If We Could Do Anything But Like I Mentioned Its Only About Three Weeks Out Of Warranty,thanks


  4. #4
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    Default Re: fridge

    shame! well try the manufacturer again and explain that its only just out of warranty stating that you expected that when you bought it 12 months ago that it would last for more than a year! is there a chance theres not enough ventilation going to it as its built-in? you may have a case against the kitchen fitters, worth a try?

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


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  5. #5
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    Default Re: fridge

    Quote Originally Posted by ARETEECEE
    buying a new one every year?thanks guys
    HI Areteecee
    I now pay the minimum amount for appliances,
    it started after i was looking for a washing machine with a metal drum,and only found 1 a Bosch £500.
    When i enquired as to why manufacturers do this when they know the plastic drums break i was advised, if they made them all with metal drums they wouldnt get a turn around with the machines every 3 to 4 years, so with that in mind i now pay minimum amounts, and on occasions you can get a good life machine, last fridge/freezer now on 8th year, and just about to be replaced and it cost me £130.

    I hope this helps a bit if you have to browse round for whats on offer.

    But hopefully you will have some good news from the manufacturers.
    BL

    PS just a thought can you prove that it was sat in your house for a day or 2 that would help reduce the time usage, or eg: not date paid but date first used.


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    Default Re: fridge

    Hi.

    If it is a part which you have not been told need refilling every X so often, or it is faulty, do not let them fob you off with the "out of warranty" BS. Have a read at your rights under SOGAicon here.

    The relevant parts to you are these:
    The Sale of Goods Act 1979 (as amended) says that goods should be as follows:
    • Of satisfactory quality.
    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.
    So get back to them and make some noise. IF on the other hand, this is a refillable unit, which has simply ran out and needs replacing, and it is something fairly usual (never happened to me in 25 yrs of having fridges or freezers, but that's not to say it can't happen!), then SOGA would not apply.

    First, you need to find out exactly what the problem is, and take action accordingly.


    Apologies to people who I was in the process of helping, I may be gone some time.

  7. #7
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    Default Re: fridge

    I doubt very much that it should be need refilling in that time if they say that then my response would be where has the coolant gone then and if its escaped ask what coolant theyre using and look at the implications that could bring in a confined space I would wager they would back track rather quickly if you went down that route.

    The only things like this that need refilling every so often are car air conditioners but thats because they have a very hard life and often go many months without being switched on


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    Default Re: fridge

    Just to add that, although the SOGAicon give a vague 'reasonable period' it has been confirmed in court that a reasonable period for white goods to last is 3 years from date of purchase, with that figure having been arrived at with washing machines and tumble dryers being the quickest to wear out. A company is entitled to take reasonable wear and tear out of a refund but should repair without inconveniencing the customer.

    Go to the retailer and ask to see a manager about a complaint, explain the situation and say that just over a year not a satisfactory lifespan for a fridge. Explain to him your rights under the SOGA and tell him if he cannot sort a satisfatory remedy then you will seek to enforce your rights in a small claims court.


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    Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.


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    Default Re: fridge

    Well What Can I Say?im Overwelmed With The Help Ive Recieved Already,thanks For Taking The Trouble To Reply Guys Thanks.i Will Follow Up On These Actions And Will Let You Know The Outcome.thanks Again


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    Default Re: fridge

    You reported your fault within 12mnths, They tried to fix it but it still doesnt work(or did it work for a short lenght of time?). They have a reasonable time to fix a product (currys 28days) if the fridge has had the same fault for 4 weeks the manufacture can give you a uplift number. Take this into the store who will be able to replace the fridge and send the old one back.


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    Default Re: fridge

    HI
    Just to keep you in formed with whats been happening since i last wrote.We complained to the manager of the place we got our kitchen from and lo and behold they coudlnt do anything as the manager was on hols but will be back the following week,and that they would tell him to ring us when back.When monday afternoon came we decided to call them just incase someone forgot.Well he promised that they would get someone out to repair or look at it ,bearing in mind we have already had someone out to replace the thermostat which we had to send away for and wait five days for it coming we was then told by our engineer it was poss the compresser then.Also at that time the shop advised that we should take out some insurance as it could be costly to fix and that the call out charge would be £90,so reluctantly my wife had to take out the insurance recomended by them to cover us just in case.We then had their engineer out who did confirm that it was the compressor and that he would order it up and he would be back within a couple of days that being friday.Well friday came no sign of anything.So we had to phone again and was told yet another story.In the mean time the engineer had wrote the fridge off as it would be too expensive to repair so the insurance would have to replace the fridge up to the value of £250.We agreed to what the company said and would recieve a phone callicon from them first thing monday morning.And guess what?Yeah no phone callicon.w


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    Default Re: fridge

    Continued
    we waited in yet again all day and yet again called them in the afternoon,yet to find that they wasnt going to replace the fridge or repair it as we apparently have just gotten emergency insurance?eh?well we phoned Howdens yet again to find out what the hell is going on to find that it was too close to five oclock to phone the insurance company and we would get a call in the morning,well i aint holding my breath


  13. #13
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    Default Re: fridge

    Help!!!


  14. #14
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    Default Re: fridge

    HANG ON A MINUTE

    They told you to take out some insurance on the fridge AFTER it was faulty as it could be expensive?

    That would be fraud surely

    Get off to trading standards and report them and go do a number on them that sounds like morally dodgy advice at best and fraudulent at worst I suggest that you do not make a claim on any insurance taken out after the fridge broke as I would hate to see you get into trouble


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    Default Re: fridge

    Yeah After They Knew It Was Faulty,in Other Words They Are Trying To Get Out Of It By Passing The Buck And Not Wanting Anything To Do With It


  16. #16
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    Default Re: fridge

    Also Insurance Comp Wont Fix The Fridge Or Repair It Either Because They Say We Have Emergency Insurance,ive Never Heard That One Before


  17. #17
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    Default Re: fridge

    No insurance company would touch that as it was already faulty the company in question has basically told you to commit fraud ffs terrible


  18. #18
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    Default Re: fridge

    STOP

    Get a refund on the insurance if possible.

    Now as the fault was reported within the first 12 months (irrelevant really - will come to in a min) then that is within the 12 months waranty so they have to fix it. Your contract is with whoever sold you the fridge so deal with them and insist they deal with it - if they say it is outside the 12 months that is completely irrelevant, the sale of goods act states that a item should be fit for its purpose for a length of time (this is why extended warantees aren't needed) now for goods such as a fridge this will be more than 12 months. If they refuse to replace it and or try to charge you, refuse, call trading standards, write a stern letter and failing that take them to the small claims court - they won't let it go that far though.

    Have you kept a record of all correspondance, including the initial complaint/request for repair?


  19. #19
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    Default Re: fridge

    Hi thanks for the replys.we have contacted trading standards this morning and they have told us to write to them(they incl a template for the letter which i added to)stating the goods act etc and to request either a repacement or repaired.I have also asked them to what effect if any would cause with the gas escaping to myself or family and told them i would follow it up to find out.
    Will let you know what happens,and thanks again for everyones help


  20. #20
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    Default Re: fridge

    Hi Rich 44,yeah thats what they are doing to cover themselves,so it wont cost them anything.I knew straight away what they was doing was dishonest and thats why im hitting them hard now i dont like dishonesty one bit!



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