Faulty second-hand freezer

[capybara101]

Hi all,

 

I purchased a second-hand freezer for £40 from a second-hand shop two weeks ago. My father and I loaded it into the back of his car with the help of the shop assistant. We drove it home, unloaded it carefully and plugged it in. I threw some frozen food in there the next day and, a few days later, went to get it out. It was all melted, because the freezer wasn't working. We unplugged it, plugged it back in, fiddled with the dial switch ... Nothing worked.

 

When I went back to the shop to tell them this (they offered a one-month guarantee that it would work), the manager asked me if I'd plugged it in immediately when getting it home. I said yes. He told me I should have waited 12 hours, as sometimes the gases in the freezer can be dislodged if it is laid on its side. A quick Google revealed he was right about this, but I asked why I hadn't been advised of this when I purchased it as it doesn't strike me as common knowledge. He went quiet and told me he'd get back to me.

 

I called again today. He told me again that it was working perfectly when he picked it up and it was probably a result of me plugging it in immediately that has "broken it" and, once again, he's said he'll get back to me.

 

I have no way of knowing whether it did work when he picked it up as it wasn't plugged in in the shop. I have no way of knowing if it was a result of plugging it in immediately that caused it to stop working. But I do know that I wasn't advised to wait 12 hours, that he's sold me a freezer that doesn't work and he's not taking any steps to solve the problem.

 

I've had a look at the Consumer Rights Act, which suggests second-hand goods purchased from a second-hand shop are the same as those for new goods.

 

My question is whether I have a leg to stand on if I was the one to "break it", even though the perils of moving a freezer weren't explained to me and we can't prove it either way. I'm trying to think of another example to use to get my point across to him that it was the shop's responsibility to instruct me on this, especially as they sell a lot of freezers/fridges, but my mind's a blank.

 

I know it's only £40, but it's the principal and the hassle of having to move the thing again, then buy another one, move that ... and I'd like to prevent him doing this to other people in future.

 

Any help would be much appreciated.

 

Thank you,

 

Capybara

[AndyOrch]

Hi capybara101 and welcome to CAG

 

I have moved your thread to the appropriate forum....where you will get the correct advice.

 

Regards

 

Andy

[capybara101]

Thank you, Andy.

[BankFodder]

If you started a small claim for this then I expect that you would win.

 

The only problem is the cost of the initial layout for the court action and also a hearing fee if it went to that.

 

You will have to make a decision.

 

At the very least, you will need to get rid of it. I suggest you drive it back and leave it at his shop and make it his problem

[capybara101]

Hi BankFodder,

 

Thanks for your response. I would be inclined to start a small claim – will the initial cost and hearing fee be returned to me if I won the case?

 

Thanks.

[capybara101]

Oh, just read the link properly. Good stuff, thanks.

[capybara101]

Hi,

 

Short update: I called them again, four hours after they said they'd call me back. The person I wanted to speak to was apparently in a meeting. I called again two hours later. He then said that I'd invalidated the warranty by plugging it in immediately and they wouldn't do anything about it and then he put the phone down on me. It's a mobile number, so I texted to say I was looking for a swap or I would be returning it to the shop for a full refund. No response. I will take it back tomorrow and leave it at their shop and then proceed with a small claim if they don't refund the money. It's so frustrating and makes me angry because, for all I know, he's sold the same freezer over and over again (doubtful, but possible).

 

Edit: and he said it was "common knowledge" that you shouldn't plug a freezer in immediately after transporting. I said it wasn't.