M&S aplliance Fridge/freezer playing up - just out of warranty period

[cartrouble]

Hi,

 

I hope someone can help.

 

We bought an LG Fridge for about £500 approx 4 years ago.

 

the temperature has gone on it

- it freezes food in the bottom of the FRIDGE and other food at the top of the FRIDGE comes out warm.

 

Also the water dispenser arm has completely broken off so the dispenser cannot be used.

 

Have been emailing the retailer for around the last 3/4 months to try and get this sorted.

 

They are demanding we get and pay for an engineer's report which must state that there was an inherent defect

in the fridge at time of sale

- which we say will be an impossibility for any engineer to say

- also that we haven't misused it etc,

- which we DEFINITELY have not.

 

This was a huge expense for us at the time and although it's out of warranty

we think for a large expensive item such as this it should last at least 10 years.

 

We paid by credit card and have tried writing to the credit card company about this too.

 

Please can anyone help with how we can get this resolved.

 

We've lost food as a result of the faulty temperature

and had to buy a small second hand fridge to tide us over whilst we're trying to sort this out.

 

Retailer very unhelpful.

[fkofilee]

HI and welcome to CAG... Best thing i could say is get the report.

Yes a white good shouldnt ideally breakdown, but it does happen occasionally.

 

If its out of Warranty then you will have to pay for parts + labour etc,

[Stigman]

Hi,

 

Have a read through the Sale of goods Act, it does state that a product should last for 6 years from time of purchase as long as it has been used and cared for etc. etc.

It also says that the product should be fit for purpose, you mentioned the broken water lever, was this a plastic malfunction?

 

Your food loss could be covered either by claiming from the store where you bought the fridgefreezer from or by checking your household insurance policy.

 

Remember that your contract is with whoever you purchased from, not the manufacturer.

 

Here is a link for a read through and at the bottom of the page a link to CAB...

http://www.bbc.co.uk/programmes/b006mg74/features/consumer-law-sale-of-goods

 

Stigman

[renegadeimp]

SOGA. However since its 4 years old, the retailer is right. You would need to obtain an independant engineers report. If it shows up as an inherent defect or similar, then the retailer has to repair it and refund the cost of the report. Or they can give you a like for like replacement. However, its their choice which to do out of the two options.

[slick132]

Hi Cartouble,

 

Do you know exactly when you bought the fridge.

 

Who did you buy it from.

 

What was the warranty on the item with regard to both parts and labour.

 

[dx100uk]

nothing to do with any warranty nor it being in or out its time limit

this will be a SOGA claim against retailer.

 

under soga a product should last 'a reasonable period'

 

for a fridge [ if this is a fridge or a fridge/ freezer - your description of the fault is not specific]

 

I would expect +4yrs for white goods

 

and yes section 75 on the credit card might well play a part here too

 

eitherway, sadly you'll need to get an engs report done

 

if the claim is upheld, then that'll be refunded

along with a repair if founded in your favour.

[cartrouble]

Hi,

 

Many thanks for the replies people have sent.

 

In answer to some of the queries:

 

It was bought around Dec 2009/Jan 2010 and it first started not working properly around 4/6 months ago.

 

Bought from Marks & Spencer Appliances.

 

It is a fridge/freezer (50/50) and the fridge part is broken as it keeps freezing some things and then getting to hot for other things on top shelves. It cost around £500 which I consider to be a lot to spend on a fridge and would expect it to last easily 6-10 years for this level of cost.

 

The water dispenser arm is plastic and has just sheared off completely - it has not had excessive use or been used by children, only adults, and has been treated with respect so we know we're not at fault.

 

Can anyone pls help on the engineer's report.

 

Problems here are I don't know where to get one and really don't have the money for this

- what is it likely to cost?

 

But more worryingly I can't see how ANYONE could say that a fault which has appeared in an item was inherent,

i.e. present when it was manufactured.

 

If this is the standard required it seems to me impossible to satisfy.

 

If all the report had to say was that t is broken/not working in the way I've described and that this is not as a result of tampering/ill treatment

by me then that would seem fair but is this going to be enough.

 

Will it be easier to make the claim instead to the credit card company - does anyone know what is involved with this type of claim and whether it's likely to be successful.

 

Any help and advice gratefully received.

[slick132]

I realise this is a SOGA issue but the warranty on parts and/or labour may be relevant if the appliance has only just dropped out of the warranty period. A retailer or manufacturer may be more willing to make a goodwill gesture if the warranty only recently expired.

 

You'd need a decent appliance eng'r to visit and report on the appliance. They won't have to say if the fault was inherent on delivery as suggested by the retailer. They'll have to report on the current condition of the appliance including what they suspect to be at fault.

 

Speak to a few local firms to ask how much this will cost.

 

They should also be able to tell you the likely cost to repair.

[dx100uk]

theres another thread about M&S appliances here somewhere too

 

dx