bayv problems with fridgefreezer

[antonia26]

i.ve a fridgefreezer with these guys

only a year left

claimed the one insurance back

and in the process of doing court forms for the other

taken me a bit longer as had a baby in august.

 

The thing is

 

i had my freezer in november 2011

in december it staring to freeze and defrost all the time

didn.t do anything until january when

 

i phoned hotpoint up and they told me [which was so wrong] was to put an airdryer in my freezer

and melt the ice

 

now i was doing this for months until april, when

 

i had enough and phoned bayv

 

i didn.t take insurance out with them but with hotpoint as at this point i didn.t know my legal rights.

 

They got someone out to fix it and

i had many more repairs after that

i.ve had to same parts that causes this

i.ve had 2 new doors on the 8/10/13 after doors broke

they live at my house.

 

Well got up this morning and the warning lights are flashing and its telling you its over heated

and the food is no longer anygood and is defrosted etc

 

can.t get it fixed until monday and

normally u knock it off and it stops

but today no it keeps flashing which ain.t a good sign

 

freezer full and fridge got lots of meat etc which is no good.

 

what i.d like to know is

 

how do i get a replacement on this fridge freezer cause i.ve had enough

 

i know i.m entitled to one as its never been fit for purpuse

but how do i go about it.

 

My insurance is with dg and can i claim for food waste off them

can.t afford to waste all that food and money

i.ve got very soggy boxes in freezer.

[firstship]

Purchased November 2011

 

go back to the retailer demand a full refund and compensation for unusable freezer food and quote SOGA

(google this and have a read )and

 

state the Fridge Freezer is not fit for purpose.

 

You will probably get a fight from the retailer.

 

Come back to us and we can help further.

 

FS

[antonia26]

Its with buy as you view

 

i.ve sent an email stating my problem and that under soga its not been fit for purpose

and would like a NEW fridge freezer

and not the same one as there is no way in hell i.d have another one of those or recommend it to anyone .

 

i must of had atleast 20 repairs in last 2 years .

 

I did ask them after first few faults can i have a new one

cause it was every few wks

i was having them out and to be fair the woman i spoke to on the phone was all for it

she even said before me that she.ll see about having a new one but service centre said no.

 

I.m waiting for a reply now so see what they say

 

i can't phone them as got hearing problems and wear aids and i want everything in writing

so emails are quicker and also proof

.thanks

[antonia26]

Ok i.ve been offered a new one which is great

except that even though its worth the same its a lot smaller than what i got

and its silver

 

i.ve all black and black i want.

 

am i being unfare and wanting a bigger fridge freezer

cause i.d never go out and buy the one they.d offer as with a large family i need a big fridge freezer.

Edited October 18, 2013 by antonia26

[firstship]

Sorry not come across Buy as you View,

 

I have Googled this scheme and understand the system.

 

I am pleased they are offering a new one,

this is a start.

Dig your heels in and insist you want the same size Fridge Freezer,

 

Try the same Hotpoint model if they cannot offer the colour,size etc from another maker.

I generally find Hotpoint OK,

 

have Fridge Freezer and Washer dryer both hotpoint,

the chances of getting another bad one is probably remote

 

Good Luck FS

[antonia26]

Believe me i don.t want the same one

it was recalled as faulty wires but since then its one thing after another.

 

there is no way i want this fridge and certainly not the same one as replacement ,

 

hotpoint will be paying me rent as they are there so often lol.

[firstship]

OK I understand,

 

is there not a model available from another supplier at a similar price and size that you require,

 

if so insist on this as a replacement,

 

reminding them of the cost of damaged food and the huge waste of time and inconvenience you have experienced

 

Regards

 

FS

[antonia26]

Thank you

 

i.ve now told them that i want a black one as like all my other kitchen applicances.

 

Also that i will not settle on a smaller one as need a big fridgefreezer due to family size

and that if you not got one for my needs would like all that

 

i.ve paid to date plus compensation for all my trouble so i can purchase one myself.

 

Thanks again for the help.

[firstship]

You are welcome, I hope all works out well for you,it should

 

Kind Regards

 

FS

[antonia26]

Hi again

 

right they said i can have a bigger fridge and only one they do is beko side by side

which is a bit more expensive 400

 

so they want me to pay this plus interest on top of the 400 over what ever terms i want .

 

But this fridge is only 599 in argos to buy now

so why would i pay over 500 for a year on this fridge when i.ve already paid nearly 1000 already

plus another year left on it which will be over 2000 in a years time

i can buy 3 fridges for that.

 

what should i do.

[firstship]

Hi,

they do not seem to have compensated you for the vast inconvenience you were put to

and the loss of frozen food,

 

tell them you will off set this substantial amount against the new appliance,

and you do not propose to pay them any further money,

apart from that amount originally agreed until they have made an acceptable offer of compensation.

 

Should they not agree,

EMAIL their CEO direct and also the CEO of Hotpoint,

 

who I think is based in Italy

 

,if you have problems tracking down these people shout and I will have a further search

[antonia26]

Ok thanks will do this and see what they say thanks.

[dx100uk]

have I got this right

 

you got this from BV AND you have D&G appliance insurance on it too!

 

dx

[antonia26]

Yeah when i done this was before i knew all my rights

as you told me about them before with bh a

nd now i practally know everything .

 

I know that they should of been fixing the problem and for first year they did .

 

i told them i didn.t want their insurance and they told me they would cover me for first year after that was upto me

so i took out insurance with dg straight away so

 

last year they have been doing the repairs.

 

Won my claim with bh am suppose to be taking bayv to court for previous misselling if the insurance.

 

I know i can win it as did with bh.

 

just taking me longer as just had a baby 3 minths ago and not been well either.

 

in the 3 months i.ve had 3 repairs its becoming a joke now.

 

So bayv want me to finish paying for my hotpoint fridge for another year that i.ve had left plus the extra 400 on this new one

they are exchanging for plus interest

 

it comes to about 2100 maybe more time i finished paying for it.

 

This new fridge is only 599 at the most to buy brand new

their cash price is more than double that

then nearly double that with interest over 156 wks its a joke

and can.t believe how i.ve used these companys over the years cause i know i won.t again.

[dx100uk]

you should not be having to PAY for the new freezer AT ALL

 

it should be FREE UNDER SOGA replacement clauses!!

 

it REPLACES the old one UNDER THE SAME AGREEMENT..

 

as for D&G get that money back another waste of time

 

dx

[antonia26]

Yeah i know that now

 

what do i tell bayv that under soga they are to replace the fridgefreezer free of charge as its in the replacement clause

 

.they got back to me this morning and said they will take £25 off the 400 + interest for loss of food and low cost phone calls what a laugh and

 

i told them no way is that acceptable

 

.i.ve had about 20 repairs land hotpoint ain.t a low cost number to ring and

 

its been more than once i.ve lost food .

 

My fridge tells me when the tempature over heats and gives u a warning that the level is high and food as been ruined and to throw it away

 

.this as happened many times and as it was happening over night

 

you wouldn.t know until morning when everything is ruined.

[firstship]

Correct that is not even close to the amount.as DX has confirmed it should be a Free replacement under SOGA,email the CEO's of both companies,

 

FS

[antonia26]

Who is the ceo of buy as you view.

[dx100uk]

http://ceoemail.com/

[firstship]

The CEO is Graham Clarke his email address difficult to find.......... address your email to him at their customer service email address

 

FS

[BAYV]

Hi antonia26 ,

Further to our recent correspondence,

you have advised that you do not wish to accept our offer of a Free replacement which is the same model as the one you currently have.

 

We have therefore offered you one which is the closest specification to the one you have had Free of charge and you have also rejected this offer.

 

You have now requested a much larger model and advised you were happy to pay for the upgrade.

As you have chosen a model which is more expensive this will be chargeable to yourself as this is not a like for like replacement.

You have also advised you were happy to wait two weeks to be able to have this item as this is delivered directly from the manufacturers due to the size.

 

The offer for a Free replacement to the same model is still applicable

or alternatively the Free replacement which is of a similar specification is also available.

 

We would also like to remind you that you have not paid for any extended warranty or EPS cover on this item.

You have not previously advised us of any loss of food or provided us with any receipts as proof of loss,

however we have offered you £25 as a gesture of goodwill on top of the offer of a Free like for like replacement.

 

Please advise how you would like us to proceed?

Kind Regards

BAYV

Edited October 24, 2013 by BAYV

[antonia26]

Well i sent it to [email protected] and it sent if you are emailing a certain person there this is how they corrispond but will also send one to who i.ve been dealing with to make sure so they can forward it just incase.thanks.

[antonia26]

Hi antonia26 ,

Further to our recent correspondence, you have advised that you do not wish to accept our offer of a Free replacement which is the same model as the one you currently have.

We have therefore offered you one which is the closest specification to the one you have had Free of charge and you have also rejected this offer.

 

You have now requested a much larger model and advised you were happy to pay for the upgrade. As you have chosen a model which is more expensive this will be chargeable to yourself as this is not a like for like replacement. You have also advised you were happy to wait two weeks to be able to have this item as this is delivered directly from the manufacturers due to the size.

 

The offer for a Free replacement to the same model is still applicable or alternatively the Free replacement which is of a similar specification is also available.

We would also like to remind you that you have not paid for any extended warranty or EPS cover on this item. You have not previously advised us of any loss of food or provided us with any receipts as proof of loss, however we have offered you £25 as a gesture of goodwill on top of the offer of a Free like for like replacement.

 

Please advise how you would like us to proceed?

Kind Regards

BAYV

 

The fridge you offered me was half the size of my fridge and i thought i would have to pay the difference

but then advised that i didn.t have to pay any difference also thw fact of the matter is i would have to pay the rest of the year left on my agreement

and the 400 plus interest and that fridge freezer is only worth just over 500 at the most 599 ,

 

why would i go and pay you all that money when i can buy one out for less.

 

So now i.ll quote what trading standards supply of goods and service act 1982:

the goods supplied as part of the hire contract must be

: of satisfactory quality

: fit for their intended purpose and any purpose made known to the trader

: as described.

If you hire goods which do not confirm to the contract,

which means they are not of

satisfactory quality,

fit for purpose or

as described,

 

you have the right to redress.

 

The type of goods hired ,

the nature of the breach and the length of the hire contract can determind the remedy you are entitled to.

 

these remedies can be repair or replacement of the goods or full or partial refund,

 

if the hire contract is cancelled or altered.

You may also be entitled to claim conseqential damages(losses you incur as a direct result of the trader hiring faulty goods out to you.

 

i.ve accually got a legal right to a refund or replacement as my item is of not satisfactory quality and is not fit for purpose.

 

i think the best thing is a refund so i can go and buy another fridge which is cheaper for me

and the contract can be cancelled

 

i.ve paid over a third so we can do this .

 

look forward to hearing from you.

 

I can get hotpoint copys of every repair to show you what i.ve had done

and how many times it has over heated and

it tells you that the food in the fridge is not safe to eat and

 

i.ve also taken insurance out on it which i didn.t need

as your responable for fixing it

 

as in this has been breaking down since a month after i had it

 

at the time hotpoint gave me false information about it

and i struggled for months with the problem until i phoned them again and

 

they told me to phone you and since then i.ve had repair after repair

 

i was hired a faulty item which by law cancels our contract as goods wasn.t what it was described as.

[antonia26]

Supply of goods and service act 1982.

 

When a trader hires out goods to a consumer,

a service is provided so the supply of goods and service act 1982 applies.

 

You are entitled to expect that the hire service is carried out.

 

The goods supplied as part of the hire contract must be

: of satisfactory quality.

: fit for their intended purpose and any purpose made known to the trader.

: as described.

 

If you hire goods which do not confirm to the contract .

 

Which means they are not of satisfactory quality ,

fit for purpose

or as described ,

you have the right to redress.

 

The type of goods hired ,

the nature of the breach

and the length of the hire contract

can determind the remedy you are entitled to.

 

These remedies can be repair

or replacement

or the goods

or full

or partial refund,

 

if the hire contract is cancelled or altered.

 

You may also be entitled to claim consequential damages losses you incur as a direct result of the trader hiring faulty goods out to you.

 

Circumstances when customers do have a legal right to a refund,repair or replacements.

 

If the items does not match the description.

Is not of satisfactory quality.

Is not fit for purpose.

 

Each of these circumstances would mean that the item doea nit conform to contract and therefore it can be described as faulty.

 

I.ve paid for insurance which i didn.t need as your responsable for repairs for 6 years.

 

It also states that a refund repair or replacement should not cause them too much inconvenience .

 

So offering me a fridge that is the same value is no good as its the size i need

and that would be a big inconveinence that fridge was a hell of a lot smaller

and the side by side is only a little bigger than my one now.

[firstship]

You have done some very good research and I am sure BAYV will be aware of the various requirements they must adhere to.As they BAYV have responded to you direct on this site let us see what they will offer you to correct this situation,to your satisfaction

 

FS