Received damaged Goods. Currys refusing to replace item. HELP!!

[gingdave]

Hi,

I received a damaged Zanussi fridge/freezer from Currys (approx 26th Oct 2013).

 

Significant dent to side of item, near the bottom next to the motor.

 

Unpacked and installed into fitted kitchen by delivery men.

 

Damage only noticed 4 weeks later when the fridge/freezer was slid out due to an electrician needing to access the wall behind it.

 

The item had not been moved prior to this since installation.

Zanussi assigned an engineer to inspect the item due to an ill fitting salad drawer and commented that the dent looked as though the item "had been dropped".

 

Currys have offered a 10% good will gesture but refuse to replace the item with a new unit as they state that I should have informed them of the damage

within 48 hours of receiving it, but they do not dispute that the item was received in a damaged state.

 

I personally feel that the item has been devalued by at least 75%, not to mention my warranty also being in doubt

seeing as Zanussi have decided to blame the dent for causing the other problem.

 

As the dent is next to the motor etc I feel that should the item fail the dent will again be blamed and both Zanussi and Currys will refuse to help.

 

I am not looking for a financial 'good will gesture', I just want a new unit that is in perfect condition, the condition that any paying customer would expect.

 

I was wondering where I stand re the Sales of Goods Act 1979 as it seems that Currys are not in a position to state that I must report any damage

within 48 hours (their interpretation of a reasonable period of time), especially if the damage is not in an obvious place

and causes the item to not fulfill the criteria of being 'as described' or 'of satisfactory quality',

not mention the fact that the damage is next to the motor and the need for a fridge/freezer to be correctly sealed

could class the item as being questionably 'fit for purpose'.

 

Currys are currently standing firm on this despite numerous emails.

 

Any guidance on this would be gratefully received.

[renegadeimp]

SOGA. Ignore currys. FOr get any warranties as well. SOGA covers you Free of charge. Any other warranties are in ADDITION to your statutory rights and does not replace them.

[stu007]

You are covered by the SOGA.

 

Now you say you paid for delivery & Installation - Were you given the opportunity to fully inspect the goods (full unwrapped) before and after installation?

 

The Zanussi Engineer that came out for the salad draw that commented it had been dropped did they make a note of this at all in there report?

[dx100uk]

how did you pay for it?

 

dx

[BankFodder]

It's amazing, really that Curry's are prepared to quibble on these kinds of things. If you had bought the unit from John Lewis, there would have been no problem at all.

 

Of course, you should have checked the condition of the fridge when it was delivered - and also it would have been very helpful to have discovered the problem and to have reported it much earlier. Are you sure that Curry's are accepting that the damage was caused by them? This could become the sticking point.

 

Anyway, the 48hrs has nothing to do with SOGA. It is juts a helpful rule. Ultimately you may have to issue a County Court claim. Once you do that, then Curry's will tale you seriously. However, I'm not sure whether you would be able to claim a replacement at this stage given that you did not report it immediately, that it is clear that the damage is not visible and that the fridge is working correctly.

I take your point about a possible future breakdown. However, if Curry's accept responsibility for the damage, then they will not be able to deny responsibility if the motor breaks down later.

 

I don't know what a reasonable figure might be - but it is more than 10%.

If you decide not to start a claim then you will be in for a very long haul with Curry's. They are bigger than you are. They don't really care about you or about the quality of their customer service

[gingdave]

SOGA. Ignore currys. FOr get any warranties as well. SOGA covers you Free of charge. Any other warranties are in ADDITION to your statutory rights and does not replace them.

Cheers!

[gingdave]

You are covered by the SOGA.

 

Now you say you paid for delivery & Installation - Were you given the opportunity to fully inspect the goods (full unwrapped) before and after installation?

 

The Zanussi Engineer that came out for the salad draw that commented it had been dropped did they make a note of this at all in there report?

 

I was not given any opportunity to inspect the goods. They asked where we wanted it and we left them to it. It was delivered on the day we moved house just after we'd received the keys to the new house. To say we were distracted is an understatement.

 

Yes the engineer did make a note of it and Zanussi seem to have only picked up on this and ignored my initial issue (the salad drawer(!) that I complained about before I even know about the other damage). I am still awaiting a reply for final confirmation on the salad drawer. They have told me to go back to Currys regarding the dent.

[gingdave]

how did you pay for it?

 

dx

 

Bought it online via debit card

[renegadeimp]

Bought it online via debit card

 

Section 75 request to the CC?

[gingdave]

It's amazing, really that Curry's are prepared to quibble on these kinds of things. If you had bought the unit from John Lewis, there would have been no problem at all.

 

Of course, you should have checked the condition of the fridge when it was delivered - and also it would have been very helpful to have discovered the problem and to have reported it much earlier. Are you sure that Curry's are accepting that the damage was caused by them? This could become the sticking point.

 

Anyway, the 48hrs has nothing to do with SOGA. It is juts a helpful rule. Ultimately you may have to issue a County Court claim. Once you do that, then Curry's will tale you seriously. However, I'm not sure whether you would be able to claim a replacement at this stage given that you did not report it immediately, that it is clear that the damage is not visible and that the fridge is working correctly.

I take your point about a possible future breakdown. However, if Curry's accept responsibility for the damage, then they will not be able to deny responsibility if the motor breaks down later.

 

I don't know what a reasonable figure might be - but it is more than 10%.

If you decide not to start a claim then you will be in for a very long haul with Curry's. They are bigger than you are. They don't really care about you or about the quality of their customer service

 

I hoped/thought that their 'good will gesture' was an admission of fault. I'm sure this has no legal footing in their eyes though.

 

I just keep thinking that if I had decided to buy second hand or buy a known damaged item I would not pay very much. I also think that if I wanted to sell it today, regardless of depreciation as soon as it left the warehouse, the damage significantly reduces the value of the item. I have never bought a white goods item of this cost or brand new from a high street vendor and expected 110% service and a pristine item.

 

I am encouraged that I seem to have more rights than they would like to believe I have and would absolutely love to receive a brand new item in perfect condition as that is what I paid for and they absolutely left me with damaged goods.

 

What would my costs be regarding County Court action?

 

Thanks for all of the replies

[renegadeimp]

before you think about county court, exhaust all possible avenues first. If you end up having to take legal action, it will be more favourable to you if you have tried everything else before court.

[gingdave]

Section 75 request to the CC?

 

just had a quick look at a money co uk article on section 75.

Sounds like another way of applying pressure?

 

But it did mention.......

 

The Debit Chargeback scheme does, however, offer some protection for purchases made on Visa and Mastercard debit cards. This scheme enables you to obtain a refund from your debit card provider if any purchase you make on your card is unsatisfactory, doesn’t arrive or is faulty. It also protects you if your card is used fraudulently. However, unlike Section 75 there is no legal obligation for providers to fulfil this protection so placing a claim with the issuer of your Visa card or Mastercard provider may require a little persistence.

[gingdave]

reply from CaB:

 

 

Thank you for your enquiry to the Citizens Advice consumer service dated 07/01/2014.

 

Your reference number for this case is AW ....... and should be quoted in all further correspondence regarding this case.

 

We understand from your email that a fridge freezer has been delivered damaged and you want to know your rights.

Based on the information you have provided the key points in response to your enquiry are as follows:

 

Under the Sale of Goods Act 1979 (As Amended) all goods supplied by a trader to a consumer must be of a satisfactory quality,

fit for their purpose, and as described.

 

If the goods do not meet these requirements, then you may have a short time in which to return the goods to the trader and ask for a refund.

 

After this your rights will be to claim:

- a repair or a like-for-like replacement; or if neither of these are possible -

- an appropriate level of refund (this may take into account usage).

 

If you wish to pursue a refund, the trader may ask you to prove the faults are due to the manufacture of the goods,

rather than fair wear & tear, misuse, accidental damage or neglect.

 

Alternatively, if you will allow the trader a chance to repair or replace before considering a refund

then this ‘burden of proof’ works the other way

- any faults which occur within the first 6 months are assumed to have been present at the time of sale, and have only just become apparent.

 

If the trader believes otherwise (for instance, if they believe you have caused the fault through misuse)

they have the right to test the product to prove their case.

If they cannot prove their case, you may seek a suitable form of redress as detailed above.

 

At this stage we would advise to discuss the matter further with the trader, referring to the information above,

as it is always advisable to try to negotiate an outcome that is acceptable to yourself and the trader before taking any further steps.

 

If this does not resolve the matter, you could take a more formal approach and write to the trader.

 

The letter should outline any relevant events regarding this issue and make it clear what you expect from the trader and why.

It should also give the trader a reasonable time to resolve the matter.

 

Template letters can be found at advice guide website (if the link does not work when you click it, please copy and paste it into your browser address bar).

In this case, the letter named ‘Letter to complain about faulty goods’ would be most suitable. If you use the template letter then please amend it as to fit your circumstances.

 

We would also suggest that any letter is sent by recorded delivery and that you keep a copy

– this may help you prove that you have contacted the trader and tried to resolve the matter amicably,

and also you can use the ‘Recorded Signed For’ label the post office will supply you with to confirm that the trader has received the letter.

 

In addition, if you have paid by credit or debit card, you may be able to seek a refund through the card issuer if they have a 'chargeback' scheme.

You should submit your claim in writing to the bank, specifically mentioning the 'chargeback' scheme, and asking that the matter is resolved in a timely manner.

 

Please can you also provide the trader’s address and postcode so we can add these to the case notes?

 

If you require any further advice or information about this case, please do not hesitate to contact the Citizens Advice consumer service by return email or by calling 08454 04 05 06 quoting the case reference number.

 

Thank you for your enquiry.

[soopersoo]

for my problems with Currys etc, I wrote to the CEO of the Company and eventually got things sorted, don't bother with the stores and Sales Staff they are useless, even store Managers. Just email the CEO