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.
In October 2008 I bought a Whirlpool fridge and a Whirlpool freezer (both upright stand alones) from my local Currys. The fridge stopped working on 4th June, and on 5th June an Engineer came out and said it needed a new part (an evaporation unit).
A return visit to replace the part was made for 22nd June. Unfortunately I had to cancel that visit as I had an urgent medical appointment. The re-visit was set for this Monday 29th June.
I have today received a note through the post which reads as follows:
(scribbled on a compliments slip from the Engineers )
"I am sorry we will not be able to call on Monday 29th June to mend your Whirlpool fridge. The part has not arrived in time for us to visit. It is not due in till the beginning of August. We will ring you when it arrives at the depot"
Well how am I supposed to manage without a FRIDGE until the beginning of AUGUST??? I am absolutely furious about this
Unbeknown to them my mum in law has loaned me an old fridge of hers BUT that is not the point! They are not to know this - so how do they think I am managing without something as important as a FRIDGE??? The after sales is appalling!
Can someone please tell me what do about this so that (when I have calmed down a bit) I can begin to kick butt in the correct manner!
Many thanks
Love SG x
Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.
Well firstly they have a reasonable amount of time to fix or replace a broken appliance.
This is usualy about 28 days from the date the fault was reported but this is by no means set in stone
So as you have a replacement for the time being, I'd give them 28 days, then write a letter stating you feel the repair has gone far over a "reasonable period of time" for such a crucial household appliance. As stated in the sale of goods act. And let them know you'd like an immediate repair. Or a replacement or refund immediately.
You can find many examples of such letters on the boards.
Usualy they'll issue you vouchers to go into currys and buy a new one.
I work for DSGi plc
(aka currys, pcworld, dixons)
Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
So please seek advice from a professional if in any doubt.
Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.
According to the SOG legislation "any repair remedy should be carried out with the minimal inconvenience to the buyer"
Common sense tells us that nowadays a fridge is a "necessity" and not a "luxury". To be without one for so long is IMO not acceptable and is an "extreme" inconvenience - certainly not a minimal one! (hot weather, nowhere to store basic foodstuffs, danger of food poisoning etc)
Following Renzo's kind reply I did a bit more general research on the net.
My first port of call will be Currys customer services in the morning since I have found out from Consumer Direct that you must first approach the supplier and not the manufacturer.
I'll post back when I have news.
Love SG x
Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.
Just one point to make. Yes the seller is the responsible one, but if one person can't get the part then the other is not likely to be able to either.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
I was taking into consideration the fact that you have a replacement fridge that your borrowing. When I said wait 28 days for a replacement or repair.
Remember, the purpose of CAG is to take a truthful and honest approach to customer issues. While obviously not illegal, pretending your without a fridge just to force their hand and get them to replace rather than repair, is deceitful and generally against the values CAG represents, in my opinion.
I work for DSGi plc
(aka currys, pcworld, dixons)
Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
So please seek advice from a professional if in any doubt.
The sellar should be loaning the frige and not a relation! That may be enough incentive to get them to repair the fridge at short notice. To wait 28 days is unreasonable and one could be justified in asking for a full refund under SOGA.
Remember, the purpose of CAG is to take a truthful and honest approach to customer issues. While obviously not illegal, pretending your without a fridge just to force their hand and get them to replace rather than repair, is deceitful and generally against the values CAG represents, in my opinion.
Hold on a mo - that's a bit strong! I am not "pretending in order to get them to replace rather than repair" and I am certainly not deceitful Where did I state that I wished to force their hand to get a replacement in this thread? I did not say that. You mentioned "replacement" in your response. I have been with the CAG for a very long time, am well aware of the values of the CAG, and have tried to help and advise a great deal of people on here; I find the fact that you are insinuating that I am being "deceitful" very insulting.
If my mum in law had not had a spare fridge - what would I have done then?
Done without somewhere to store milk/spread etc until the company is able to repair a new fridge which I bought in good faith and paid good money??? Waited around with no facility until they obtained the part necessary? We are not talking about a TV set - we are talking about an essential of day to day living here, and this is why I feel so very very strongly about it.
As Surfer says the seller should realise the absolute necessity of having a working fridge - it should not be up to my mum in law to save the day
Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.
Hold on a mo - that's a bit strong! I am not "pretending in order to get them to replace rather than repair" and I am certainly not deceitful Where did I state that I wished to force their hand to get a replacement in this thread? I did not say that. You mentioned "replacement" in your response. I have been with the CAG for a very long time, am well aware of the values of the CAG, and have tried to help and advise a great deal of people on here; I find the fact that you are insinuating that I am being "deceitful" very insulting.
If my mum in law had not had a spare fridge - what would I have done then?
Done without somewhere to store milk/spread etc until the company is able to repair a new fridge which I bought in good faith and paid good money??? Waited around with no facility until they obtained the part necessary? We are not talking about a TV set - we are talking about an essential of day to day living here, and this is why I feel so very very strongly about it.
As Surfer says the seller should realise the absolute necessity of having a working fridge - it should not be up to my mum in law to save the day
Just to quote you here:
Unbeknown to them my mum in law has loaned me an old fridge of hers BUT that is not the point! They are not to know this - so how do they think I am managing without something as important as a FRIDGE??? The after sales is appalling!
Ok, so they've told you they can't get the part until august. Leaving their only options to be either an exchange or to wait for the part. In demanding they give you a working fridge asap under the basis of you not being able to wait for the part. You are forcing them to either exchange the item or break their contractual obligations under the sale of goods act, as you and dsg are both well aware that they cannot supply the part in time.
The sale of goods act clause "significant inconveniance" is designed for people in just that situation. Not people who have got a suitable replacement for the time being and just want to rush the process.
Not that I agree with their waiting times or process, I disagree with anyone playing the inconvenience card when they clearly have a suitable replacement in their posession. I'm certainly not saying that you should be happy with having to loan a fridge, all I'm saying is that your fortunate enough to have a mother kind enough to lend you a fridge, and that I can't condone claiming under the "significant inconvenience" clause.
Anyway, you'll do as you wish, but that's just my opinion.
I work for DSGi plc
(aka currys, pcworld, dixons)
Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
So please seek advice from a professional if in any doubt.
Why are you standing up for the retailer? It does not matter whether the OP has a loan fridge or not as that is her perogative and she is under no obligatoin to disclose this to the retailer. Anyway why shouldn't she play the convenience card? What if she was nto able to get a loan unit?
Your post sounds almost as if you work for the organisation. The spirit of CAG is to get retailers to wake up and sort out a problem within days, not weeks and months!
I phoned and had a chat to a very helpful and friendly member of Customer Services at Whirlpool after speaking to Currys who said it was not their problem! (Interesting since Consumer Direct's advice is to contact the Supplier rather than the Manufacturer first!)
On checking their records of the date of my purchase and the problems so far, she stated straightaway that having to now wait indefinitely for a replacement part for something as essential as a fridge is totally unacceptable; whether or not I have the loan of another fridge in the meantime.
She has therefore ordered a replacement fridge for delivery asap, so well done to Whirlpool for their great customer service!
Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.
The spirit of CAG is to get retailers to wake up and sort out a problem within days, not weeks and months!
Precisely! and I can certainly recommend Whirlpool now Surfer01
Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.
Excellent news. I am pleased for you but now you must cross currys off your shopping list as obviously they do not need your custom. We did thsi several years ago and have to date had no more CS problems.
Why are you standing up for the retailer? It does not matter whether the OP has a loan fridge or not as that is her perogative and she is under no obligatoin to disclose this to the retailer. Anyway why shouldn't she play the convenience card? What if she was nto able to get a loan unit?
Your post sounds almost as if you work for the organisation. The spirit of CAG is to get retailers to wake up and sort out a problem within days, not weeks and months!
I do work for currys, please don't patronize me with the "oh your sticking up for the company" rubbish. Check my other posts before you pass judgment.
And regardless of whether or not the OP chooses to disclose it to the staff or not. The fact of the matter is, s/he'd be claiming for inconvenience that s/he wasn't subjected to. And abusing for his/her own advantage, the legislation designed to protect our rights.
I'm happy you got this sorted the right way, although bare in mind that the customer service center is ran by capita. A god awful excuse for a call center. Unfortunately the company is locked into a 5 year contract with them until September this year, when the company is set to get shot of them all and bring all their customer services back in-house. Trust me, the dsg staff hate them just as much as the customers. And our list of complaints about them not following company procedure with returns such as this is almost endless.
I work for DSGi plc
(aka currys, pcworld, dixons)
Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
So please seek advice from a professional if in any doubt.