Comet faulty fridge freezer - claiming repair

[munchkette]

Hello,

 

Hoping someone can offer some help or advice on my issue. My BEKO fridge freezer purchased from Comet in March 2008 packed up a few weeks ago. I contacted Comet and asked about a free repair under the sales of goods act. They said the fridge would need to be assessed by an engineer to determine whether it was a fault or not before they would pay for a repair. I asked if I could have an independent engineer assess the fault but they said it had to be their own engineer at a cost of £99 which includes the repair.

 

Engineer assessed the fridge freezer and found the thermostat had failed so ordered part and replaced it. I requested Comet to refund the cost of the repair as the fridge freezer was faulty but they have refused claiming it is normal wear and tear for the thermostat to breakdown within 2.5yrs and that the thermostat is not a major component.

 

I have been in touch with consumer direct who advised me to send a letter to Comet requesting a refund of the repair cost. On both occasions they have refused to budge and my last resort is now legal action however consumer direct are telling me that I won't win without an independent report or supporting evidence to support my case that a lifetime of 2.5yrs for the thermostat and fridge freezer is not satisfactory.

 

I have contacted the manufacturer to ask what they believe to be the average lifetime of their fridge freezers before faults appear and also the average lifetime of their thermostats, waiting to hear back on that. I am going to ring round a few repair centres to see if they can provide an independent report. Has anyone got any useful advice or tips?

[rebel11]

Hi Munchkette,

 

Just done a search for complaints on Beko Fridge Freezer Thermostats. http://www.consumeractiongroup.co.uk/forum/showthread.php?161611

Find the exact model, see if their are complaints about that product.

[munchkette]

thanks for the link, my fridge freezer is the BEKO CA5411FFW I don't see that one in the thread but by the looks of it others have had the same problem with BEKO fridge freezers. Could I use these people's testament and the reviews on the product on Comet's own website to support my case?

[rebel11]

Hi munch

 

I can't see any reason why you can't. When you ring these independent repairers ask some questions about Beko and thermostats, I think it's a very common fault,

thats why they are using the 'wear and tear' clause.

 

thanks for the link, my fridge freezer is the BEKO CA5411FFW I don't see that one in the thread but by the looks of it others have had the same problem with BEKO fridge freezers. Could I use these people's testament and the reviews on the product on Comet's own website to support my case?

[munchkette]

I am having a bit of a hard time trying to obtain an independent report as my situation is kind of unique in that the item in question is no longer faulty so there is nothing for them to look at. Although I have kept the old thermostat the engineer removed from the fridge.

 

I phoned up one repairer today who was telling me that 'nothing is built to last these days' and that 2.5yrs from a modern fridge freezer is reasonable and it could be expected for a thermostat to fail in that time period so he couldn't give a report to say otherwise. What a load of rubbish!!

 

Other places I have phoned have just been call centres so they are of no use. I am pretty sure the average person does not spend £250 on a fridge freezer with the expectation that they will have to shell out nearly half the price on repairs within 2.5yrs. If they put this on their products in the store then people would most certainly not buy them.

 

Do I definitely need to have an independent report on my fridge freezer or will info on the general expected lifespan of a fridge freezer suffice in terms of a court claim?

[rebel11]

Hi Munch,

 

That is rubbish, if you knew the thermostat was only going to last 2.5 years and it was going to cost the good part of £100, would you of bought the fridge freezer, no. Lets see what Beko have to say. I would reasonably expect a product to be fault free for at least 5 or 6 years.

 

http://www.guardian.co.uk/money/2006/mar/25/consumernews.howtocomplain

[munchkette]

just had a rather long and drawn out conversation with Beko's customer service department who said they don't have any information on average lifetimes for their products and they couldn't possibly provide an estimate. I have requested their MDs details and have also posed the same question to their press department. I can't believe that they won't provide this information. I seem to be going in circles here. Looks like my best bet is to try and get hold of the Which report on appliance lifespans and reliability. I don't know if this on it's own is enough for my case??

[AtlantisZPM]

This is a very interesting case, the part in question should last 6 years as that is what is deemed a being an acceptable length of time. Unless you are using the item in a business environment or a cold location such as a Garage then this part should not fail within six years for domestic use. The problem you have here is the work was not done by an independent and they repaired the fault leaving you no chance to get someone else to look at it. I would escalate this to the MD of comet (maybe a fellow Cagger has their details). Advise them they was told that a part failed which is designed to be on all the time, and with the machine being used in the conditions as stated in the manual should never be classed as a wear and tear breakdown. Also raise your concerns about the agreement that Comet offer, which puts them at a very unfair advantage as it can never really be contested.

 

It would be interesting to see what the breakdown of the cost is as a thermostat could be 14 odd pounds and the rest labour costs so when you raised an issue of the quality of the machine they took the oppertunity to use this to make a profit? I would raise these issues with your local trading standards as it just doesn't seem fair. If you want to go down the legal road as consumer direct say its difficult as you have no proof of what caused the fault but maybe a need would be required by comet to prove how its wear on tear on an item that is always on, the only defense to this is if as i say it was used in a business environment or in a cold place like a garage.

 

I hope this helps and hope you get somewhere as you have been backed into a corner with no escape.

 

PS. Also don't deal with BEKO your issue is with Comet and the quality of the goods they sold you.

Edited October 9, 2010 by AtlantisZPM

[munchkette]

Thanks for your reply, I have already written to the MD of Comet. I looked up his e-mail address online last week and e-mailed him on the off chance he might be able to assist as I was getting no where fast with the customer service department. I received an e-mail and a phone call from his office, they said they are looking into it and will get back to me. So I shall see where that goes.

 

I agree with you the thermostat is a part that is always on and is constantly in use to me that makes it a major component and a part that should have substantial longevity. Comet do not seem to think that and are arguing that it is wear and tear and it I should consider myself 'lucky' to have gotten 2.5yrs use out of the fridge freezer before the thermostat packed up. I disagree if I'd known that they considered 2.5yrs use from the thermostat was acceptable before having to pay to replace it I wouldn't have bought the fridge in the first place. It's like they are knowingly selling shoddy goods. At least Mr Ratner had the balls to admit he was selling crap!

 

I am having a comet engineer come back free of charge as i've found the fridge is now freezing things in the salad crisper. From when I first bought the fridge it had this problem but I thought it was just that I had set the temperature dial too high so I had it set at 2.5 of the up to 6 settings. Now even at 2.5 it is freezing things in the salad crisper so I am wondering if the thermostat was faulty from the very beginnning.

 

Re BEKO, my interest in them is in trying to find out some info about the reliablity of their goods in order to support my case.

 

I am thinking to ask Comet for a written report on the fault with the fridge as the engineer didn't give me anything. I paid for them to inspect the fridge so they should provide me with a report of what they assessed the problem to be. The engineer said the thermostat had failed which is what caused the fridge to stop working.

[AtlantisZPM]

This is all very unhand to me not even giving you a report on work you have paid for. Is the item in question used in a business environment or in a garage or cold place? cos it sounds like the thermostat has gone again.

[munchkette]

the item is used in a domestic environment and is not in high use as I live on my own so it's not even like it's a large family constantly opening and closing the door to take food out. The fridge has always been kept in a kitchen and never in a garage or cold place.

 

I first contacted Comet about the faulty fridge via the online help on their website. The agent I had a text convo with told me that if I paid the £99 fee and it was found the product was faulty and was not caused by misuse of the product then the £99 would be refunded. Well lo and behold the thermostat was found to be faulty and the engineer confirmed that there was nothing wrong with where the fridge was sited and that it hadn't been misused or damaged but when I asked Comet for a refund of the repair fee they said no.

Edited October 11, 2010 by munchkette

[callumsgran]

I have this model of fridge/freezer so subscribing to this thread in case i have the same problem

I have to admit i do have to run mine on setting number 1 or it freezes at the back of the fridge

BTW mine is in the kitchen also

[munchkette]

how old is your fridge callumsgran? Judging from my own and others reviews on the Comet website this particular model seems to fail at around about the 2-2.5yr mark. All the ones on the Comet website seem to be compressor failure though. Perhaps I should register on comet and log my own thermostat failure.

 

I am curious that you have to put your fridge on setting 1 to prevent it freezing in the back - when you say that do you mean the back panel inside the fridge freezing or food towards the back of the fridge freezing? Makes me wonder if there is an issue with your thermostat as well, this could be an issue for this particular model but customers are not realising it.

 

I want to get a temperature gauge to see what the actual temp is in the fridge as I am concerned that I have to put it on such a low setting to stop stuff in the salad box freezing but I wonder if the overall temp of the fridge iss higher than what it should be.

[callumsgran]

TBH this is the second one of these i've had, the first one was a wedding prezzie in 2004

I sold that one in late 2006 (moved into a private rented house with brand new Bosch F/F in it) and hadn't had any problems with it, it was approx 2 1/4 yrs old.

This second one i bought second hand in Jan 2009 and as far as i know it hadn't had any problems with it, except that ever since i've had it i've had to keep it on number 1 because of the freezing at the back of the fridge.

I believe it was about 2 years old when i got it

It does freeze things if they are touching the back of the fridge, its inconvenient but not worth worrying about!

Is that what was happening with yours?

[AtlantisZPM]

Interesting how comet response skipped over this one Nice cherry picking....

[GorgieBoy]

Hello,

 

Hoping someone can offer some help or advice on my issue. My BEKO fridge freezer purchased from Comet in March 2008 packed up a few weeks ago. I contacted Comet and asked about a free repair under the sales of goods act. They said the fridge would need to be assessed by an engineer to determine whether it was a fault or not before they would pay for a repair. I asked if I could have an independent engineer assess the fault but they said it had to be their own engineer at a cost of £99 which includes the repair.

 

Engineer assessed the fridge freezer and found the thermostat had failed so ordered part and replaced it. I requested Comet to refund the cost of the repair as the fridge freezer was faulty but they have refused claiming it is normal wear and tear for the thermostat to breakdown within 2.5yrs and that the thermostat is not a major component.

 

I have been in touch with consumer direct who advised me to send a letter to Comet requesting a refund of the repair cost. On both occasions they have refused to budge and my last resort is now legal action however consumer direct are telling me that I won't win without an independent report or supporting evidence to support my case that a lifetime of 2.5yrs for the thermostat and fridge freezer is not satisfactory.

 

This could be a very time consuming project, the whole case here would revolve around proof your product had an inherrent fault with the thermostat since new, as it has worked okay for some 2.5years this could be difficult.

While a fridge or freezer requires one to function correctly it is not classed as a major componnent either .

How long should it last ? is the how long is a piece of string ?, as for this 6 year thing I keep hearing about this is more of a myth than anything else if it was true we would all be running about in brand new cars.

I would bite the bullet here and hopefully another thermostat fitted free of charge by the retailer will cure the problem.

[munchkette]

^

But that is just the thing - I have had to pay for the thermostat to be fitted it has not been fitted free of charge by the retailer. They effectively conned me into paying their £99 fixed repair fee on the premise that it was the only way I would be able to get a refund if the appliance was found to be faulty and not due to me damaging it in some way. They told me that if I got an independent person to repair the fridge they would not cover the repair costs if found to be faulty as they only accept the word of their own engineers. Low and behold I have paid their rather costly fix fee and they are refusing to give me my money back.

 

I am pretty sure the staff at Comet would take offense if I went to their store and put a big sign on this model of fridge saying BUYER BEWARE - fridge likely to suffer costly fault between 2-2.5years, Comet believe this to be a fair amount of time for a £250 fridge freezer bought from them to last. However that is effectively what they are saying.

 

I think the argument here isn't necessarily whether this fault was inherent from the day that I bought it and more whether the appliance is of satisfactory quality for it to only last 2.5 years before suffering such a major and costly fault. Surely the components should be built to last a more substantial length of time??

 

On a different note I got a reply from Comet's MD saying he is sorry their online representative gave me incorrect info about getting a refund of the repair cost however he believes the customer service centre person that took my payment set me straight on that and that thermostat failure on a 2.5yr old thermostat is the result of normal wear and tear therefore no refund for me or guarantee of replacement should any further problems occur. Nice who said customer service was dead

 

I shall write back to the MD one more time then proceed with a small claim against them. Anyone got any useful info/tips?

[rebel11]

Hi Munch

 

I doubt very much if the reply was from the MD, it was probably someone who deals with his letters, they have a office, a handful of people who deal with his mail.

It might be an idea to write CC: Watchdog, Trading Standards and Which?

 

I sent the Comet guy a link to your thread the other day, lets see if he responds.

 

For Small Court Advice, start a thread in the Legal Issues forum.

[munchkette]

TBH this is the second one of these i've had, the first one was a wedding prezzie in 2004

I sold that one in late 2006 (moved into a private rented house with brand new Bosch F/F in it) and hadn't had any problems with it, it was approx 2 1/4 yrs old.

This second one i bought second hand in Jan 2009 and as far as i know it hadn't had any problems with it, except that ever since i've had it i've had to keep it on number 1 because of the freezing at the back of the fridge.

I believe it was about 2 years old when i got it

It does freeze things if they are touching the back of the fridge, its inconvenient but not worth worrying about!

Is that what was happening with yours?

Yes and no, mine was freezing things in the salad crisper regardless of whether they were towards the back or front of the fridge. I had the temp set at 2.5 as this was the only setting that would stop this happening previously but now since the thermostat change it is freezing things at 2.5 as well. The engineer that came to look at it told me what sounded like a BS story about how I need to put stuff in the freezer ice tray to prevent too much cold air circulating at the top of the freezer and transmitting the cold through to the bottom of the fridge - rigggghhhhht! He also mentioned that he had the same fridge freezer and that he has his set on 1. I find it rather odd that the fridge freezer has 6 temp settings and ppl are having to keep theirs on between 1-2.5 to prevent the fridge freezing food - seems to me that there is an inherent problem with the thermostats in these units. I recently purchased a fridge thermometer and it is reading approx 5-6 degrees celsius which above the safe level of 2-4 degrees. This is on the new lower setting the engineer put the fridge on of 2. So basically if I turn the temp setting to 2.5 things freeze in the fridge but if I turn it down to temp setting 2 the fridge isn't cold enough!

[munchkette]

Hi Munch

 

I doubt very much if the reply was from the MD, it was probably someone who deals with his letters, they have a office, a handful of people who deal with his mail.

It might be an idea to write CC: Watchdog, Trading Standards and Which?

 

I sent the Comet guy a link to your thread the other day, lets see if he responds.

 

For Small Court Advice, start a thread in the Legal Issues forum.

Yes I will be very interested to see if this comet guy comes back on this, I will be very interested to hear his response. CC'ing in Watchdog, Trading Standards and Which is a good idea although I have already e-mailed my case to watchdog. What should I write in the letter 'copies have been forwarded to Watchdog, Trading Standards and Which or just put a small cc note at the bottom of the letter?

 

I am going to e-mail Which to ask them about getting a copy of their report on home appliance longevity. Perhaps I should write to a newspaper as well, I already e-mailed the guy at the Guardian who wrote the article on the sale of goods act but no response from him as yet.

[rebel11]

I normally have my address on the top right,

date under that.

 

Then the company I'm complaining too, on the left handside,

 

Then CC: xxxxxxxx, xxxxxxx, xxxxxxx

 

Then the Ref No:

 

The Daily Mail are hot on Consumer Issues.

[my-spirit-soars-free]

Where have you put the fridge thermometer? If the engineer is right, and your problem is connected with the freezer, then you *should* have a cold spot at the top of the fridge, as well as the frozen salad at the bottom. If that is what is happening, then the fridge is "patchy" in its warmth - your fridge thermometer is in a "warm" bit, but other parts are freezing.

 

I would have thought that a fridge/freezer should have insulation between the two, but - if the engineer is right - then putting some tupperware boxes of water on the bottom of your freezer will help, the blocks of ice will stop the freezer putting cold air against the fridge wall, and the thermostat may start working as it should.

[Nannyjen]

Hi, I just joined today. I have had similar problems with Comet with a Prestige fridge freezer, similar age when it developed a fault. I have just posted a thread about it. I'd appreciate it if you let us know if you find out about the Which report. Thanks.

Edited October 21, 2010 by Nannyjen
mis typing

[munchkette]

I'm going to write Comet one final follow up letter then get onto Which about the report to take things further.

[munchkette]

Hi, I just joined today. I have had similar problems with Comet with a Prestige fridge freezer, similar age when it developed a fault. I have just posted a thread about it. I'd appreciate it if you let us know if you find out about the Which report. Thanks.

Hi Nannyjen,

Did you arrange for Comet to come and assess your fridge freezer? Any joy?