Damaged Matsui Fridge Freezer **SORTED**

[MattCufc]

On 28.12.07 I purchased a Matsui Fridge Freezer in store.

 

The product was delivered to my property on 05.01.2008.

The two delivery men unpacked the Fridge Freezer and I signed the Delivery Invoice confirming that I had examined the product and that it is free from damage but also that no damage occurred during the delivery.

 

Once they had gone I had a further brief look over the product and could still find no problems.

 

My partner came home work work and we decided to wash the Fridge Freezer out as informed to do so.

 

On washing the Fridge Freezer out, my partner came across two chips, one inside of the frame of the Fridge and the other inside the frame of the Freezer. My partner also found black marks inside of the fridge, which just will not come off fully depsite cleaning, two small dints to the outside of the Fridge and the top shelf in the Freezer has some slight damage to its hinge.

 

That is a lot of damage, I know, but to be perfectly honest the chips and dints in particular are hard to find and neither of us came across them until we were cleaning it out.

 

I contacted Currys by E-mail at the first available opportunity. I informed them of the damage, questioned how the product could pass Quality Control in that sort of state and asked why they would deliver a product which was not in immaculate condition. I offered them the opportunity to come and examine the product.

 

I received a reply two days later and was informed that because I had not reported the damage within 48 hours of delivery I am not eligible for a refund or exchange, but they will offer me 10% off the price to apologise for having non-pristine goods!

 

I replied on 14th January, complaining about the 10% offer and again asked them to look into the matter again.

 

Their website states that they will reply to you within 5 working days.

No reply was received by 20th January so I sent a reminder, there was still no reply on 23rd January so I sent a further E-mail.

 

On 26th January I finally received a reply. They basically said the other person had covered all the issues raised and that I could continue to send correspondence but the outcome will still be the same. The main part of the reply which really made my blood boil, i was that they stated that because I didn't report it within 48 hours they cannot verify when the damage occurred, so basically implying that I would damage my new Fridge Freezer!

 

What I find hard to understand is that firstly, they would allow a product to be sent out to a customer in this condition and secondly that I have reported the damage within a reasonable time and cannot for the life of me find anywhere in my documentation of this "48 hour rule" they speak of.

 

I would be greatful if someone could provide assistance on where I stand with this, or am I fighting a losing battle?

 

Cheers in advance.

[gyzmo]

Well Sale of Goods Act applies here which implies terms into the contract as to description, durability, fitness for purpose etc. These terms cannot be removed, changed or suspended.

 

When you get goods the Act allows a period of time for the goods to be examined in order for the buyer to determine whether it conforms to the contract (in other words, that the item is as described etc). Because this is given in law, delivery notes are basically a waste of time and mean nothing. For example, you need to unpack it, switch it on and make sure it does actually work! So the satisfaction note may as well be toilet paper.

 

Unfortunately, what this period of time is is a matter of fact for a court to decide. Exactly how long was it after delivery when you reported from problem? I'm not sure that 48 hours is a fair amount of time. I mean, how long would it take for the freezer to, well, freeze? It's not exactly a complicated machine, which means that the timeframe for acceptance to occur will be relatively short compared to, say, a computer. But personally I think 48 hours is a bit mean.

 

Contact them again and quote section 14 - implied terms as to quality, fitness etc. and s. 34 which deals with being allowed a reaqsonable length of time to examine the goods (5 minutes while the deliveryman waits is not reasonable! It means time to ensure the product works and does what it is supposed to do).

 

Also, remember that it is down to the seller to disprove any faults in the first 6 months after purchase, rather than you having to prove it. This means that they should examine the item and not just say "oh you caused it".

 

Do let us know how you get on.

[Bookworm]

Also, how do you want the issue solved? Do you want a replacement? I get the feeling from your post that not necessarily and that you may be pushing for a higher compensation than 10%, or am I misunderstanding your post?

[ForestChav]

What date did you email currys?

[MattCufc]

Thanks for replying people.

 

Gyzmo - I will definitely be taking the matter further and contacting them and will keep you informed.

 

Bookworm - At this moment in time, I am beginning to wish I'd not bought the Fridge Freezer at Curry's and had taken my business elsewhere.

I honestly believed that they would offer a replacement or full refund but that has not been forthcoming. To be honest I find this 10% offer a complete insult. Due to the sheer amount of damage found I think I would like the product replaced, however, if they can send an egineer out to repair the chips and confirm that food etc in future will not become contaminated due to rusting then I think a substantial amount compensation will be welcomed.

 

Forest Chav - I E-mailed Currys on 10th January 2008. There was a genuine reason for the slight delay due to being away from 06th January to 09th January.

Oh and I reckon we'll beat Forest on 19th Feb and 03rd March ! ;-)

 

Thanks again for taking the time to respond.

[Bookworm]

Ok.

 

If they send an engineer who fixes the problem satisfactorily, I doubt very much that any amount, least of all substantial, will be forthcoming, and you wouldn't be entitled to it either, that would come strictly under "gesture of good will". I suspect that if you insist on the product being fixed, that offer will get withdrawn.

 

The freezer, as of today's date, is under 1 month old, and you e-mailed them 5 days after delivery. I think you would perfectly within your rights to say that you reject the goods under SOGA and that you want [a replacement or refund] (Choose either/or).

 

Or you could accept the goods as they are and take the 10%.

 

These are your choices. There is a small chance that they'll let you have the 10% as compensation for the inconvenience if you decide to get it fixed, but I wouldn't hold my breath on that one. ;-)

 

Let us know how you get on.

[ForestChav]

Forest Chav - I E-mailed Currys on 10th January 2008. There was a genuine reason for the slight delay due to being away from 06th January to 09th January.

Oh and I reckon we'll beat Forest on 19th Feb and 03rd March ! ;-)

 

I do too :o We're lame. Swansea will whack us tonight.

 

So you received it on 5th and noticed the damage then yet didn't contact them until 10th? I can see their point though really 5 days isn't a long time. Of course, you could have emailed them as soon as you'd noticed the damage which was probably the better option, with the benefit of hindsight.

 

Though they are usually relatively amenable regarding holidays - tried mentioning this? They're still legally bound to repair or replace the item by law unless they can prove you damaged it.

[gyzmo]

I think given the holiday you would not be seen as accepting the goods imho, bt as said, it is for a court to decide.

[MattCufc]

Update...

 

Below is my latest Email to them:

 

I refer to your reply received 26th January 2008.

 

I am disappointed to note that you have not changed your decision.

 

I would firstly like to draw your attention to the reply which you have sent to me.

* You have implied in your reply that I have caused the damage to my new fridge freezer. How on earth you can actually imply that in your reply?

I have spent nearly £200 in your store for this product and to even imply that I would cause the damage is an insult. To be honest I didn't feel that it could get any worse after your offer 10% but I have been proved wrong by your statement in your reply.

 

I would appreciate your response to this point as I feel it an absolute disgrace that you imply that one of your customers has caused the damage themselves.

In my initial Email I offered Currys the opportunity to come out and inspect the product but to date this offer has not been taken up.

 

Secondly, I am going to question your "48 hour rule" which keeps getting mentioned.

I would be grateful if you would answer the following:

* Where is this published, as there is nothing indicated in the delivery notes or anywhere in the documentation I have. Furthermore I could find nothing to the contrary on your website?

*Faulty goods detailed on your website states that they must be reported within 28 days of delivery.

* Sale of Goods Act states that I have the right to reject faulty goods and can do so in a "reasonable time".

 

I look forward to your reply to the above points.

 

Finally, I have taken some legal advice and have been informed that I have an extremely strong case.

If you also read the Sale Of Goods Act you will see that I am right.

 

Points from the Sale of Goods Act:

 

* If you sell your customers goods that don't conform to contract - that aren't as described, are unfit for their purpose or of unsatisfactory quality - you are legally obliged to resolve the problem if they seek redress.

 

* The Sale of Goods Act states that if customers want to reject faulty goods, they have to do so within a "reasonable time".

 

* If a customer rejects faulty goods within this "reasonable" period, they're entitled to ask for their money back. All customers can claim compensation at any time if they choose. If you sell to consumers - they can ask for a repair or a replacement immediately (instead of asking for a refund) at any time until six years after purchase.

 

* In law you have a responsibility to your customer for up to six years from the date of purchase (in Scotland, five years from discovery of the problem). During this period, you are legally obliged to deal with any claim of breach of contract.

 

Therefore, I request that you look into the matter further, as I am rejecting the goods under the Sale of Goods Act.

 

I look forward to your reply and expect a response to ALL the points.

 

Yours Faithfully

 

 

Then this is the basic, short, reply I receive.....

 

Thank you for your e-mail dated 2nd February 2008.

 

I am concerned to learn of the problems you have experienced with your

faulty Fridge freezer. However, as mentioned by my colleague the matter was not reported within given period of time. Hence, we are unable to comply with your request. Further, I would reiterate that offer for 10% still stand and should you wish to go ahead with the same, please contact us on our e-mail.

 

Your sincerely,

 

Harvinder Singh

 

I am now absolutely livid !

How can they provide me with a response like that? To be perfectly honest I don't even think that they have read the E-mail I sent them.

 

I have sent an Email in relply asking them to read my email again and actually answer the points I have raised.

 

Should I now be contacting them by phone now? What else can I do, as it seems I am just being continually fobbed off.

 

HELP !

 

[ForestChav]

As the goods are less than six months old the onus is on them to prove you caused the damage.

[gyzmo]

Contact Trading Standards - they should intervene on this one. Make sure you have copies of all correspondence

[MattCufc]

I have made contact with Consumer Advice.

Will see what they come back with.

 

In the meantime I have also sent a reply back to Currys asking them to answer the points I raised. Not holding out much hope mind!

 

I just cannot understand how Currys can send a reply like that and not even have the courtesy to answer the points I have raised.

 

I know that I will NEVER shop at Currys again in future.

[gyzmo]

I have made contact with Consumer Advice.

 

Please say you meant Consumer Direct?!?

[MattCufc]

Ooops, yes sorry, it was Consumer Direct! :grin:

[Bookworm]

Have they got back to you yet?

[MattCufc]

Not heard anything as yet. Are they generally quick at getting back to you?

 

Suprising I've not heard anything from Currys tho ! NOT !

[gyzmo]

Consumer Direct have a response time of usually 3 - 5 days. It depends. If the complaint has been referred to Trading Standards (which it should have been) then it can take a little bit longer. Nothing to lose in calling them (thought it is an 0870 number). Also if you emailed them check your junk mail folder.

[MattCufc]

Still nothing as yet, when I say E-mailed them, I completed the standard form on their website where is says 'contact via Email'. Will that make any difference to the delay? I didn't have their actual Email address.

 

I might give them a ring tomorrow if I get chance, just to at least confirm they have actually received the Email.

[gyzmo]

It can take them a few days. These centres are run on a PFI deal so not replying within the agreed timescale usually means the company running it don't get their pennies. However, the centres are run extremely tightly and they don't have a great deal of staff. Another email will not do much - it will only end up in the same queue and you will probably get a response to the first one before the second one is seen - if you call them you may get an advisor who can pick it up from the list and deal with it there and then

. It may be that they have referred it to Trading Standards and it is them who are due to contact you. Give them a call, but it seems that they are within time so far anyway.

[MattCufc]

Update.....

 

Received reply from Consumer Direct:

 

Thank you for your enquiry to Consumer Direct dated 05/02/2008. Your reference number for this case is ****** and should be quoted in all further correspondence regarding this case.

Based on the information supplied within your email the key facts of the case appear to be as follows:

You bought a fridge freezer from Currys and signed the initial paperwork to say the fridge appeared fine. When you were cleaning the fridge you noticed it was damaged. You reported it 5 days later and were offered 10% of the purchase price back as you did not report the fault within 48 hours which you were unhappy with.

In essence, you can argue the fridge was not of a satisfactory quality under the Sale of Goods Act, however you do not state in your email when you first rejected the fridge. As a month has now passed since the fridge was delivered you may have been too late.

Otherwise you could argue repair or replacement are usually the first remedies offered, but Currys may have a counter argument that either of these are disproportionate to them if the damage can only be seen from very close up and therefore a partial refund as you have been offered is the most proprtionate option.

We would advise you return to the store and discuss the matter with the store manager. If you are unable to agree a suitable resolution with them please telephone in on the number below.

If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06. Do not reply to this email, or send an email to [email protected], as this address is for outbound mail only, and is unmonitored.

 

Oh and surprise, surprise got a standard reply yet again from Currys, and guess what they have got someone to reply who cannot even spell! See below:

 

Thank you for your email dated 4th February 2008.

In regards to your email I can only reiterate the

the same information my fellow colleges has stated

in previous emails to. As the items damage was not

reported within 24 hours of the delivery I can not deal

with you enquire further.

Please accept my apologies for any inconvenience

this matter may have caused.

 

Yours sincerely,

Vaseem Iqbal

Currys Support

 

Any ideas on where I go from here, do I need to be getting back in touch with Consumer Direct to provide more info?

Can't believe I may have to set foot back in that store to have it out with the manager! Going to be fireworks - Anyone want a ticket!?

[gyzmo]

The email from CD mentioned a telephone number. I think this may be for the local authority Trading Standards in which case give it a call.

[MattCufc]

Thanks for your reply gyzmo. Am hoping to ring them tonight when I get in from works (provided I'm in early enough!).

 

If I do manage to contact them today, I will put a reply on here with an update.

 

I'll see what they say over the phone first as to whether or not I need to go into the Store. To be honest, I can't see the manager saying anything differently from the E-mails I've received from the usless articles!

[MattCufc]

Rang them yesterday and I've been told to go into the Store to see the manager. If we can't come to a reasonable conclusion then I've to contact them again.

 

Can't see what that is going to achieve to be honest!

[gyzmo]

It wil hav the benefit of having tried all the options. Also, I think TS will be wanting the manager himself (or herself) to confirm a course of action or not before they take any action.

[MattCufc]

I'll pop up there this week, only thing is what if the manager isn't in? I'm going to have to keep going until I catch him/her in.

 

What I was informed over the phone was that if I reject the goods then I have to prove the damage was made by Currys or on delivery.

If I wish to get a replacement or repair then its up to Currys to prove that I caused the damage.