Consumer Rights Act 2015

[securespark]

You may remember my shenanigans with Currys after buying a fridge on 25 November 2017.
There were issues with missed deliveries and botched door swaps.

Then the fridge went faulty. A wiring loom connecting the door to the fridge body got damaged and was replaced under guarantee.

This happened again a while later and again a few months ago. Every time the part was replaced, the engineer admitted there was a design fault and that was why the wires were getting damaged. Each subsequent engineer said the replacement loom had been adapted to make it resistant to damage, but here we are again with the same issues again.

I rang Currys again three days ago and had the usual "it's out of warranty" battle. He agreed to make an appointment to get an engineer out.

I heard nothing until this morning when I got a letter from "Team Knowhow" explaining that defects may not become apparent within the guarantee period (they did and continued to do so beyond the first 12 months of ownership) and that if I want them consider my request for service under warranty, I have to get a "diagnostic report" from an "authorised service agent" (authorised by who????).

Currys have previously agreed to repair these recurring faults under warranty and have accepted that they are the result of a design fault. But not now. I rang them this morning and they made an offer under the Limitation Act, namely that they would offer a refund (taking into account 21 months' use) of £162.82.

I have looked up Section 75 of the Consumer Credit Act (where the Credit Card Company are jointly liable for problems with a purchase) which suggests I need the paperwork from engineer visits showing the cause of the faults and what was done to rectify them.

The trouble is, I could probably dig out these bits of paper, but I don't think it gives that information. I think it only shows that they have visited, worked on the fridge and that I am happy with the outcome.

Has anyone got any comment or advice?

Cheers.

Edited for clarity.

 

[sodthisforfun]

It's a shame that you didn't get the engineer to put in writing that it's a design fault.

You may still be able to get a refund even though it's out of warranty. Having it fixed 3 times in 18 months shows a fault in the design. It's not fit for purpose.. You can get your own independent report on this. I'd ask to talk to the manager at currys as their staff aren't going to help much.

Am about to start this off with a laptop the other half bought from currys. It's a design fault with the hinges and the hinge broke then cracked the screen just 7 months on. Googling it shows many many people having the same problem with the make/model and as far as I am concerned, I want the 680 quid back, am not interested in it being fixed for it to happen over and over again.

Have a google and see what to do next.
https://www.which.co.uk/consumer-rights/l/faulty-goods

 

[securespark]

I have written a letter to Currys saying that, as they have already repaired the issue at no cost several times, they have by virtue already accepted it is a manufacturing defect.

And of course, the CRA says that goods must be as described, of satisfactory quality and fit for purpose.

 

[noseall]

Has anyone got any comment or advice?

Buy a better fridge, one where the company spends money on R & D.

 

[conny]

Even if you receipts don't show what work was carried out Currys will have the call out logged under a job number. This in turn should have a description of the fault and the work carried out to rectify it. It's a PITA to get this information but it can be done.
One word of warning, if they ask for the original paperwork from you, refuse point blank and send them copies.

 

[securespark]

This is my letter. I have not sent it yet as I may change it.

On 25 November 2017, I bought a Kenwood KTLD60X15 fridge from Currys. Subsequently a fault came to light which was attended by one of your engineers. The fault caused the control panel and display and the interior light to either become intermittent in operation and eventually to stop functioning, or to stop functioning immediately. The engineer discovered that the problem was caused by a wiring loom connecting the door to the fridge body that had become damaged and it was replaced at no cost.


This same fault has recurred since, each time being attended by one of your engineers and repaired at no cost. This is obviously a design fault, something which your engineers have admitted.


In early August this year, this fault recurred yet again. I telephoned your office on the 3rd August to be told an appointment with an engineer would be arranged for me. Instead I received a letter from you today saying that I must supply a diagnostic report from an authorised service agent in order for you to then consider whether this issue is a manufacturing defect. By virtue of the fact that you have sent an engineer to examine my fridge and repair it on more than one occasion at no cost, you have already accepted this issue to be a manufacturing defect.


The Consumer Rights Act makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. As you are in breach of contract, I am entitled to have the fridge repaired and I would request that you confirm you will do this within 14 days from the date of this letter.


I look forward to receiving your satisfactory proposals for settlement of my claim within 7 days of the date of this letter.

 

[ETAF]

it maybe worth a call to the trading standards consumer phone line - They have helped me with a brand new car and laptops etc and helped with the correct wording for discussion/letters
https://www.nationaltradingstandards.uk/contact/

 

[securespark]

i have discussed my letter with TS. They say it is worth arguing that they have accepted the fact my repeated fault is a manufacturing defect because they have repaired it at no cost so far.

But if this fails, I will need a report from a service agent.

 

[EddieM]

If it's of any use, I once had a whirlpool dishwasher, that was, well rubbish (not really surprising) it was fixed under warranty numerous times all TNA it broke down again shortly out of warranty, I managed to persuade them to replace it under to SoG act (1973?), this was prior to 2015, I addressed the letter to their legal dept.

Ok, I got a top of the range Whirlpool dishwasher, which was also carp!

 

[Tigercubrider]

You would be able to take them to the small claims court for six years after purchase. Which Implies that the goods should be free from major defects that prevent their use for 6 years

 

[Harry Bloomfield]

You would be able to take them to the small claims court for six years after purchase. Which Implies that the goods should be free from major defects that prevent their use for 6 years

The entitlement will only be for a fraction of the cost, decided on how long such an item should normally last.

 

[Tigercubrider]

Correct. You only get a full refund before six months.

 

[motorbiking]

You appear to have evidence that the fault existed at the point of manufacture and has not been rectified. You have 6 years to bring a claim. Your claim is the cost of replacing less any value of usage. Given the inconvenience I suspect that the usage value can also be argued. Pretty simple really no need to make it complex.

If they don’t address the letter, then next step is a letter before action for the full replacement cost. Plus court fees.

 

[durhamplumber]

Has anyone got any comment or advice

Yes.get out more.

 

[securespark]

Durham. The same could be said of you matey, if all you can offer is to go round threads making unhelpful comments like that!

MB, I feel I have a strong case, but TS reckon they are within their rights to request a report. TS also said that the most I would get if I wanted a refund would be their "estimate" of the value of the goods minus a fee for useage so far.

It's as if Currys have just said to me, "D'you know what? We're sick of mending it now. We've offered you a pittance for your fridge, if you don't accept that then you have to get an 'Authorised Service Agent' to do a report on the probable cause of the fault. And then we get to scrutinise the report and IF we agree with its findings, we will repair it and reimburse your costs in getting that report."

Even the CCC have said, "If we're taking joint responsibility for this faulty appliance under Section 75, we want the service reports from Currys detailing the fault and what parts were required to fix it. And they suggested I ask Currys for them. As if they will give me those...