Wickes fitted Fridge Freezer out of warranty failure

[gregorious77]

My fitted fridge freezer broke down after only 3 years so I contacted Wickes through thier social media and was ignored (I know not best way). I decided to go into the store I purchased from to ask them to help me out. They stated as it was out of manufacturers warranty I would need to contact AEG. I asked if they were sure because "my contract is with Wickes" and they told me "no you have to contact AEG".

 

My next step was to contact their customer service department which I did by way of a letter template from Which as below.

 

Quote

 

Dear Sir or Madam,

REFERENCE: XXXXX

I purchased the EAG SCN71800S1 from Wickes. At the point of purchase I paid £577.15. My order nuumber is XXXXX.

The EAG SCN71800S1 is not of satisfactory quality. 
The freezer section has warmed up over a period of a week or so and is no longer freezing food. The freezer is at a temperature of around 1 degrees instead of minus 18. The fridge remains at 6 degrees as it should be.

I have visited the Fareham store to ask for a replacement but was told that as it is out of the manufacturers warranty period of 2 years I would need to contact the manufacturer (AEG) for repairs at my cost.

The Consumer Rights Act 2015 makes it an implied term of the contract I have with Wickes that goods be as described, fit for purpose and of satisfactory quality.

As you are in breach of contract and I've owned the product for less than 6 years and a previous attempt to seek repair or replacement has also failed, I am within my statutory rights to ask for it to be replaced at no further cost to me.

I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

Yours faithfully,

 

 

They then replied with

 

Quote

"The fridge has been fit for purpose and working correctly over the last three years, I am sorry to learn that there is now a fault with the fridge.  As the product is outside of warranty the onus is on yourself to investigate the cause, should there be a proven manufacturing fault,  Wickes will reimburse the costs involved."

 

I have called the service engineer out and they attempted a repair which failed and have told me the repair needed is to replace a valve and the compressor which is not covered by the service fee and therefore the appliance is a write off.

 

I have written back to Wickes to let them know the outcome and have asked for a replacement FOC and for my repair fees to be reimbursed. I am currently awaiting a response but wanted some advice on how to respond if they deny my request.

 

[Andyorch]

You are correct...next stop court claim if they they dont play ball.

 

Andy

[BankFodder]

Not bad so far – but I'm afraid that you are not within your statutory rights to ask for or a replacement. Any remedy you receive will have to take into account that you have had three years use from the unit.

This means that you should do some research and work out what you think the expected life of a fridge freezer of that type and make and costs should be, calculate three years as a percentage of that life expectancy and then deduct that percentage from the price of the replacement cost of an equivalent fridge freezer nowadays.

It sounds to me as if you've had all the inspection done correctly and you have the paperwork in place.

How long ago did you send them the result of the latest inspection which effectively rights the unit off?

[BankFodder]

Incidentally, simply because I have suggested to you that you are not within your statutory rights to expect a new replacement, I certainly think that that should be your starting point. I think that you should be demanding a replacement – and even in court – if it goes that far, suing for the value of a new replacement – but expect it to be knocked down - either in a negotiation with them or by the judge.

The purpose of damages in contract is to put you into the position that you would have been if the breach had not occurred. In your particular circumstances, this means that you would be returned to position where you had a functioning three year old fridge freezer.