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Hi, we bought a Hotpoint Fridge/Freezer from EmpireDirect which was delivered on 20th August 2006.
The f/f developed a fault on the 17th October and a Hotpoint engineer came out yesterday (20th October). According to the engineer, the f/f has lost all of it's gas and because the compressor has been running at a "red-hot" temperature is more than likely damaged as well. He also stated that, in all probability, because the gas could have leaked from anywhere in the system, we could well end up in the same situation in a further 2 months if it is repaired - he suggested contacting the seller to ask for a replacement.
I've contacted EmpireDirect who say that "according to legislation" we HAVE to accept a repair and are refusing to replace it. Is this correct?
Just to really muddy the waters, Hotpoint do not have all the necessary parts in stock and do not expect them to become available to complete the repair this week - again, according to EmpireDirect "they" have to be allowed 28 days to effect the repair.
The one bit of good news is that we paid for it on a credit card!
In that time period, the company are not obliged to offer a replacement to you, although they are obliged to offer a repair. However, if they repair it and it breaks again, you would have good grounds to really push for a replacement or exchange, due to lost confidence in the product.
In that time period, the company are not obliged to offer a replacement to you.
Not necessarily. The Sale of Goods Act 1979 says that you would not be entitled to a full refund if you've had the goods for longer than a "reasonable time". There is no time specified in the Act and only a court could decide what is reasonable. Remember that the fault developed within 2 months of purchase.
Having said that, a judge may well take a dim view if you refuse to accept a repair.
If you have the item repaired it must be carried out "within a reasonable time and without causing significant inconvenience to the consumer". If this does not happen or the repair or replacement is not possible, then you can rescind the contract (claim a refund) or request a reduction in purchase price.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Not necessarily. The Sale of Goods Act 1979 says that you would not be entitled to a full refund if you've had the goods for longer than a "reasonable time". There is no time specified in the Act and only a court could decide what is reasonable.
Very true. I suspect, however, that you would find it nigh on impossible to get a court to think any time over 30 days/1 month is still a reasonable time IF the purchaser was offered a repair. But I agree, the courts still contradict themselves day in day out, and it would depend upon the judge! Certainly in my (extensive) experience with this element of law from the retailer side, retailers generally use the 30 day guideline.
I know the contact is with the retailer, however if they are unwilling to offer you a replacement product from advice of a hotpoint engineer, see if you can contact and explain to hotpoint themselves.
A retailer is allowed to choose whether it is a replacment or refund should one be too costly, however you are entitiled to a fully working product, seeing as repairing the product would still possibly leave a fault with the f/f, they would not be leaving you with an item that is prone to fault, and therfore not fully working
I am happy to offer helpful advise in many consumer problems based on my retail experience. I do not represent any company, and any advise I do offer is my opinion and how I understand the law. I have no authority to create any terms for any company I do work for and will just nudge you in the right direction without breeching their trust.
Blitz: Already been in contact with Hotpoint - they are (rather unhelpfully!) insisting on a repair at this stage, although they have stated that if(when!) it fails again they will replace it.
But the latest is that 2 parts have been ordered - and Hotpoint only have one of them in stock. I am waiting for a call back to advise when the missing part will be in stock, but they have already said that even if it came in today, it would not be possible to do the repair this week as the parts have to go through a QA process and then be sent out to the engineer.
Which leads onto my next question - how long is a "reasonable" time for them to do the repair - and how much inconvenience do I have to suffer (having already forked out £350 for a f/f that is less use than a chocolate teapot; had £50-worth of food ruined; been without a f/f for a week with the prospect of having to wait a further week or more... )
The worst part is that I realise that no matter what happens, it seems it is going to take some time before this reaches a satisfactory conclusion! EmpireDirect have stated that I "have" to allow 28 days for the repair; Hotpoint have stated that (correctly!) that any contract is between me and EmpireDirect...
I think 28 days is probably "reasonable", but right on the edge of reasonable. As for the lost food, I think you are probably entitled to that cost back from ED...
I appreciate your comment MrShed - but on what grounds would you consider 28 days to be classed as "reasonable"?
If it was a minor defect and the f/f was otherwise functioning, then I might be able to agree - but the only thing that work are the interior light, 1 green power light, 2 amber warning lights and an alarm that sounds to indicate the the freezer is too warm to function!
Or am I letting my anger and frustration overtake my reasoning?
Because they also need to take into account the time taken by the company to book and arrange an engineer, time to get parts in, time to fit parts, diagnose problem etc. All this would make me think that 28days would be the absolute outside limit of reasonable, but it probably is still classed as such.
Actually, I can't say that I agree that 28 days is a reasonable time to repair an essential appliance. Yes, ok, if it was a dvd player, but a fridge? I would call reasonable 7 days maximum.
Have you tried giving Trading Standards a call and see what is deemed resonable in their experience?
Apologies to people who I was in the process of helping, I may be gone some time.
I would say 7 days would be reasonable as well! I would prefer "next day", but I guess I have to be realistic! Therefore I would think 14 days is reaching the edge of "reasonable"
The diagnosis has already been made;
If the item is in stock, then surely it would only take a day or two to reach the engineer;
Why should it take longer than a week to book an engineer to do the repair? Are their products that bad?!
If the part isn't in stock, why is it unreasonable to expect it to be sourced within 7 days?
At the moment I am still waiting to be given an idea as to when the "missing" part will be in stock... and for Trading Standards to call me back!
in the meantime I have spoken to Hotpoint - the part isn't due into the Warehouse until 6th Nov... will reach the engineer "by the 8th or 9th November" and then it is a matter of finding a date for the engineer to fit. The Gospel according to Hotpoint is that they are "legally entitle to 28 days" to perform the repair.
28 days takes us to 14th November... which doesn't leave much leeway for an engineer to be available!
I;ve been given another Hotpoint number to try and get an exhange authorised... but cannot get through!
Got through on the number to ask for a replacment f/f... to be told that they can't authorise that, it has to go to the "Exchange Authorisation Team"... who don't take calls!
I was also told that because I had phoned, they would try and source the part from elsewhere (why didn't they do that as a matter of course?!)
And also that, even if they can't find the part sooner, they "can't" authorise an exchange until AFTER the 28 days! (Even though this isn't the "Exchange Authorisation Team")
Incredible!! In the meantime I've got £350-worth of junk!
Not actually spoken to them direct, but had a message left on my voicemail from Hotpoint - presumably a member of the "Exchange Authorisation Team" - to say that they cannot get the parts "... in a normal speed of service" and are therefore going to replace the f/f!
Just got to wait for them to call back to arrange a delivery date...
Faulty Fridge-Freezer - EnpireDirect
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Originally Posted by MrShed
