Second hand faulty fridge freezer***Resolved***

[Hacked_Off]

Hi all,

 

I bought a second hand fridge freezer on the second of April. It's been blindly for a about two weeks and today has completely died. It came with a six month warranty that im still within.

 

The problem is however i can't find the receipt. I've had a look on his Facebook and he's has five bad reviews (after I bought) all saying the same thing: broken in a few weeks...warranty worthless...aggressive...liar..etc. I haven't been in yet but in anticipating nothing being done.

 

Also, I can't find any information of anykind regarding his shop on company check etc.

 

What are my rights here?

 

Thanks very much!

[Conniff]

Was this a purchase from a proper store or from a private seller ?

 

Can you point us to his facebook page ?

 

It's been blindly for a about two weeks

 

What does 'blindly' mean please ?

[Hacked_Off]

Whoops should of said 'blinky' as in playing up.

 

Purchased from a proper store, still can't find any info on him though.

 

https://m.facebook.com/pages/Bold-Street-Appliances/681635908578654

[Hacked_Off]

So after speaking to the guy two weeks ago and being assured of a call back because he was "away", unsurprisingly this didn't happen.

 

I've been into his store today and was met with accusations of being a liar and aggression. "are you sure it was from here...have a word with her lad....£30 charge to come and see what's wrong with it". Needless to say I am not impressed.

 

I have spoken with consumer direct and this has been passed to trading standards.

[Hacked_Off]

Does anyone know how i ask for a summary judgment on mcol or does it have to be a paper n244?

[obiter dictum]

How did you pay for the item

[Hacked_Off]

How did you pay for the item

 

Cash

[obiter dictum]

That complicates matters

 

At the end what do your realistically want to achieve with a trader with this mentality??

 

I would let trading standards deal with this at the local authority

 

How much did you pay for the fridge/freezer?

[Hacked_Off]

I have informed trading standards there looking into it. I've passed along 9 statements up to now of him mugging people off.

 

I want my money back.

 

His defence is that I "refused" a replacement. However, he has neglected to acknowledge that this was only offered after a 6 week wall of silence and after filing.

[obiter dictum]

How much did you pay??

[JoeyJoeC]

Lot's of fridge / freezer issues aren't complicated to fix. What was the issue exactly?

[Hacked_Off]

Besides the point, it was under warranty he was obligated to repair or replace.

[JoeyJoeC]

OK. But I'd personally rather replace a fuse in 10 seconds than to go through all that hassle.

[Hacked_Off]

It's not the fuse....

[JoeyJoeC]

That's why I asked what was wrong with it. It could be something as simple as that at times. Sorry for trying to help in other ways. I won't do it again.

[Hacked_Off]

But the thing is, it was under warranty. Any tinkering

With it on my part invalidates said warranty, no? So yes, it could be some

Thing simple, but what if something major goes wrong and I've invalidated the warranty. Not worth the hassle? I disagree..

[obiter dictum]

For the final and last time

 

How much did you pay for the Fridge??

 

It is important to move this along to a satisfactory conclusion

[Hacked_Off]

For the final and last time

 

How much did you pay for the Fridge??

 

It is important to move this along to a satisfactory conclusion

 

Relevance?

[obiter dictum]

The law works in that you get what you paid for

 

You would not expect a car purchassed for 10 grand to last only 5 years, yet you would not expect a kettle paid a fiver at Argos to last 5 years

 

It is all relative

 

Before you throw the warranty at me what do you hope to achieve??

 

You go to court with no proof of purchase or contract spending up to £300 in fees for nothing. Even if you get judgement that is another £50.00 baliff fees.

 

What is stopping him closing down the company and starting up the next day under a different name. The judgement is secured against the company name

 

It is obvious this trader is a **** bag and has done this many times and quite proficient in evasion.

 

When you add everything up is it really worth he time money and effort??

 

I moved into my new house last month and i purchased a brand new upright fridge freezer from Argos for £150.00

[Hacked_Off]

That's an awful lot of assumptions to make based on not a lot of information. I would suggest less obiter and more ratio

[Conniff]

That's an awful lot of assumptions to make based on not a lot of information. I would suggest less obiter and more ratio

 

Agreed, there is a lot of this in the used car problems. It matters not if it was a pound or a thousand pounds, it should last a reasonable length of time and a couple of month isn't a reasonable

length of time even if it cost a pound.

[SabreSheep]

I do not believe that the consumer rights act 2015 or sales of goods act in anyway states that the value paid for the goods has any bearing on the application of statute

[Hacked_Off]

I do not believe that the consumer rights act 2015 or sales of goods act in anyway states that the value paid for the goods has any bearing on the application of statute

 

 

Exactly, but the statute does say the seller than deduct amounts for "reasonable use". However, the case law says when there been significant inconvenience then the full price paid can be claimed. Which is exactly what I'm claiming because I had no fridge freezer for eight weeks.

[Hacked_Off]

Just to add the guy I bought from is now making loads of accusations; I've threatened his wife on the phone, I told him "I'm a law student with connections in the court", and I got a friend to phone him and threaten him. This is all entirely fictitious and my call logs will back me up.

 

This is the main reason for me not letting it go. He's lieing through his teeth and even now is mugging people off selling faulty goods. He's operating on gumtree now and has a mother store, his third that I know of.

 

Because he keeps moving I did some digging and claimed against his house which he owns. I have the official deed. He's claiming he doesn't live there but somehow got the paperwork that was sent to that address.

 

It's not about the money, never was. It's about the fact he's mugging off vulnerable people. I have spoken to one who says the fridge doesn't work and she keeps having to turn it off and on. Another one says he grabbed him by the arm and dragged him out the shop when he went in to complain about his cooker which had never worked.

[obiter dictum]

This seems to be more of a vendetta than achieving justice

 

This will all end in tears