@curryspcworld Refuse Refund defective F/Freezer 5day old @TeamKnowhowUK

[BankFodder]

Did you buy online or did you visit the shop?

 

We haven't had a complaint about Currys for a long time – but a couple of years ago we were getting this kind of complaints very often.

If you bought the fridge online then you are still within the 14 day cooling off period under the distance selling rules and so you are entitled to return it for any reason. Of course Currys won't be happy about this.

If it has a defect then within the first 30 days under the consumer rights act you are entitled to reject the item and to insist on a refund. In order to do this you should write to them giving them all reference numbers of the order et cetera and tell Currys that the fridge is defective and that as a result of this you are asserting your "short-term right to reject" and you want them to make arrangements to remove it and then either to refund or to replace – you decide which you want.

I suppose this is the only fridge you've got and of course with the current warm weather this is going to cause you a lot of difficulty. You may want to pursue them for additional compensation – certainly for any lost or damaged foodstuffs and so you need to keep a close log of all the problems that this is causing you. Also keep a close log of any exchanges you have had with Currys and who said what to whom.

You should send the letter of rejection immediately and send it by next day special delivery and also by email. In view of the importance of having a working fridge in your home, I would keep on telephoning them as well but the letter that most important.

Before you do any more work on the phone, you should read our customer services guide and implement the advice there. It is extremely important that you understand how to conduct a conversation with a customer service department and also that you record the call. This is really essential.

If Currys try to fob you off to the manufacturer then they are wrong and you should insist that they replace or refund you the money. Do not accept any offers a repair. Do not accept any offers to send an engineer around to try and figure out what is wrong. Within the first 30 days you have absolute rights and you should stand on them.

Also, well done on having paid by credit card. This gives you additional protection under section 75 of the Consumer Credit Act. You should contact your credit card issuer immediately and tell them that you are beginning a section 75 process in respect of the purchase and that you will be looking to them for a refund in the event that carries cause any problems. You should confirm this in writing with your credit card issuer and make sure you get a reference number if you do anything on the telephone. And of course you will be recording your calls.

In the letter that you write to Currys you can also tell them that you have contacted your credit card issuer and you have begun a section 75 process.

I think in your letter to Currys you should tell them that you want the matter sorted out within seven days – especially given the urgency of having a fridge in hot weather. Keep us informed. If Currys don't step up to the mark in seven days then I'm afraid that you will probably need to threaten a legal action and then issue the papers. We will help you.

I don't know what your domestic situation is. If you have a family to look after then you probably need fridge even more. If you have the money then I suppose you could think about buying a replacement fridge and putting the other one in storage somewhere if you have the space or a garage. Let us know what you plan to do. If you decide to take this kind of action then it will be important to let Currys know in advance. It doesn't reduce your rights if you don't – but you will be in a better position and show that Currys have always been told what the situation is. It gives them less wriggle room.

[BankFodder]

Okay so in case they say they need to inspect to ascertain the fault et cetera – your letter should make it clear that you are returning the item under the distance selling rules but also because it has a fault and you are asserting your short-term right to reject.

There will be a slight issue with claiming the right to return the item under the distance selling rules and that is that you would normally have to return the item in pristine saleable condition. As it is, you have used the fridge and so it can be said that the value of the fridge is diminished and in that respect, Currys would be entitled to make a reduction in the value of any refund to reflect the diminution in value.

So it is important to emphasise that you are rejecting the item as faulty under the consumer rights act – but for the avoidance of doubt you are also calling on the distance selling rules.

 

[BankFodder]

So what's happening on this?

Not very fair to get people interested and trying to help and then bombing out and leaving everybody empty-handed