Freezer broken less than a year since repair ***Solved***

[mickrick]

We had to have our TCL fridge freezer repaired less than a year ago when the freezer inverter stopped working. It was out of warranty and we had to pay £300 + vat for the repair. Now the same thing has happened again. An entire freezer full of food is ruined now.
 

Is the manufacturer liable for the repair this time, and can we insist on compensation for the loss of food?

 

[BankFodder]

Well it would never have been the manufacturer. It would always have been the retailer.

You haven't told us who you bought it from, when you bought it or how much it cost.

[mickrick]

1 hour ago, BankFodder said:

Well it would never have been the manufacturer. It would always have been the retailer.

You haven't told us who you bought it from, when you bought it or how much it cost.

Sorry its a CDA fridge freezer. I don't know where I got TCL from.

 

The f/f was left in our house by the previous owner. It was less than a year old when it broke down the first time and CDA wouldn't transfer the warranty, so we had to pay for the repair. The retail price was almost £1500 going by internet prices last year but I don't know where it was bought from. I've no way of contacting the previous owner.

 

Ironically, the engineer who repaired it last year said that the inverters are notorious for lasting less than a year. But we don't have the money to buy a new, more reliable model.

[BankFodder]

Well I'm afraid that the contractual chain has been broken and so I don't think you got any redress against the retailer. If you can really show that it is a design fault then you may have an action against the manufacturer but I think you need to find quite a few cases on the Internet in order to make any dent there.

However, you had it repaired and you paid £300 for the repair and it seems to me that you could have a claim against the repairer. I would be looking to make the repairer liable. Who was the repairer? Presumably they supplied and fitted a new part?

[mickrick]

19 minutes ago, BankFodder said:

Well I'm afraid that the contractual chain has been broken and so I don't think you got any redress against the retailer. If you can really show that it is a design fault then you may have an action against the manufacturer but I think you need to find quite a few cases on the Internet in order to make any dent there.

However, you had it repaired and you paid £300 for the repair and it seems to me that you could have a claim against the repairer. I would be looking to make the repairer liable. Who was the repairer? Presumably they supplied and fitted a new part?

 

Yeah it was CDA (the manufacturer) themselves who did the repair and a new part (compressor not inverter as I previously said), was fitted. That was in July last year.

[BankFodder]

Well thank you for this and I don't know why you have been so backward about coming forward on this very important piece of information.

Clearly we're not dealing with some sole trader repairer here. We are dealing with an authorised repair by the manufacturer.

You should absolutely pursue the manufacturer. I would also be suing for the value of any items which have been damaged as a result of the failure. I would venture to say that the contents of the freezer are all at a natural and foreseeable risk as a result of a breakdown.

I hope you've got photographs of everything and listed everything. I think that as long as you have done that then you are entitled to throw the stuff away because nobody would want it hanging around going rotten. Keep the wrappers whenever you can.

Have you approached them and what has been the response?

[mickrick]

On 20/06/2019 at 15:46, BankFodder said:

Well thank you for this and I don't know why you have been so backward about coming forward on this very important piece of information.

Clearly we're not dealing with some sole trader repairer here. We are dealing with an authorised repair by the manufacturer.

You should absolutely pursue the manufacturer. I would also be suing for the value of any items which have been damaged as a result of the failure. I would venture to say that the contents of the freezer are all at a natural and foreseeable risk as a result of a breakdown.

I hope you've got photographs of everything and listed everything. I think that as long as you have done that then you are entitled to throw the stuff away because nobody would want it hanging around going rotten. Keep the wrappers whenever you can.

Have you approached them and what has been the response?

 

Okay so this is what is happening - I spoke to CDA. They were shocked that the repair should've failed so soon. They said that normally they would repair the fridge again foc. However, once the gas leaks for a second time (it is the gas leaking which causes the compressor to burn out) it cannot be regassed again. Not good.

 

However, and this was very unexpected, we were offered a brand new f/f, the newer model of the broken one, with a discount of almost £600 (£799 as opposed to around £1380), with free delivery. This also covers the loss of the food. After checking other brands with similar features, this sems to be a very competitive price. So we're happy enough to go with that. And well done to CDA for going, we believe, above and beyond to get the matter sorted out.

[BankFodder]

Well done - and well done for letting us know.  

[mickrick]

17 minutes ago, BankFodder said:

Well done - and well done for letting us know.  

 

And thank you for all your advice. I wouldn't have known even how to begin the negotiations without it.