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    • Unsettling the applecart?,  I'm going to be direct here, I know how this works , I've been in far worse situation than your relative, and I can assure you , now that there i likely a default in her name, it makes absolutely ZERO difference if she pays or not. Denzel Washington in the Equalizer , 'My only regret is that I can't kill you twice'... It's the same with a default, they can only do it once and it stays on your credit file for 6 years if she pays or not, and as it stands right now she's flushing £180 of her hard earned money down the toilet  so that the chaps at Lowell can afford a Christmas party. As for the SAR this is everybody's legal right, originally under the Data Protection act 1998 and now under GDPR, it's her right to find out everything that the original Creditor has on her file, and by not doing it the only person she is doing a massive disservice to is her self. As the father of 2 young adults myself, they need to learn at some point.. right?
    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
    • it was ordered in the retailers store  but your theory isnt relevant anyway, even if it fitted the case... the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too. dx  
    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
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Whirlpool Fridge Fiasco - what shall I do?


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Hi everyone :)

 

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 :rolleyes:)

 

"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 :-x

 

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! :evil:

 

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.

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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.

Edited by Renzokuken

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Thanks for this - I appreciate your help :)

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.

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I agree with you.

 

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.

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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.

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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.

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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 :eek: 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.

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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 :eek: 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! :evil:

 

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.

Edited by Renzokuken

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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!

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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.

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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.

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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.

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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.

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