14 month old fridge/freezer

[crazychic1971]

hi was woundering if anyone can give a little advice please

 

brought a swan fridge/freezer from littlewoods last may and its broken not freezeing and even fridge part isnt working all my freezer stuff is ruined

 

have phoned littlewoods and they have said 12 month guarentee is up so nothing they can do i should ring swan

 

i am going to ring swan tomorrow just wanted some advice as to what to say and also should i still take it up with littlewoods

 

thanks

[mburden]

yes you can say a purchase is supposed to be "fit for purpose" then quote the price you paid and state you could resonably expect it to last longer than one year.

sale and supply of good act covers this, the 12 month warrentee is rubbish compared with it.

good luck

[patdavies]

It is nothing to do with Swan - their liability ceased once their warranty expired.

 

However, the manufacturer's warranty is in addition to your statutory rights under SOGA.

 

Littlewoods are liable without doubt.

 

Do not bother contacting Swan. Write to Little woods saying that they are liable under the Sale of Goods Act and that you require them to resolve the problem.

[robbond55]

Hi crazychic - if you look under threads under my name regarding a tumble dryer you will see I had a similar problem to you and got it sorted at no expense to myself using the sale of goods act.

Basically, you have given them opportunity to redress the problem by the phone call. Did you note the date and time of the call and the name of the person you spoke to?

Certainly you will be able to get this sorted - if you wish to I can send you via provate message a template letter that I have used to great effect.

[demon_x_slash]

This site believes that 'sharing's caring'; why don't you just pop the template letter up here, so that people can use it if they need to ?

[robbond55]

Here is the template letter for you which I said that I would post. I would advise you to go to the Department of trade and industry's website (the DTI) adn print of a copy of the Sale of Goods act and highlight the relevant parts and include it with your letter.

Also, whatever you do send it recorded delivery so that they can not deny that they have received the letter.

 

 

(Name)

(Address)

 

 

(Phone)

(E-mail)

 

(Date)

 

Dear Sir or Madam

 

I purchased a (name of item) from your (store) (day and date)

 

This appliance has recently developed a fault (list nature of fault) and I enclose a copy of the invoice for the proof of purchase.

 

I did not purchase an extended warranty as goods should last a reasonable amount of time as according to The Sale of Goods Act 1979.

 

I enclose a copy of the relevant parts of the act from the Department for Trade and Industries own web site and highlighted the relevant parts.

 

Firstly I tried to contact yourselves on (date and time and mention person you spoke to name if available) to try and resolve this matter and was told that I as the appliance was more than twelve months old nothing else can be done. I was advised to contact the manufacturer, Swan.

 

This to me is an unacceptable answer so then I contacted the Consumer Action Group for advice. They asked me whether I had contacted you to ask for any compromise to which I replied that I had.

 

I was told in certain cases that it had to be demonstrated that you have reasonably requested the resolution of any matter with the seller. This is what I had done when I called you. I was also informed that the contract was between the me and the seller, not the manufacturer.

 

I have been informed that not having an extra guarantee does not mean that the seller has no responsibility and pointed me in the direction of the DTI website and as mentioned, I have printed out a copy for your reference.

 

I have followed their advice and am now writing to you to claim for a replacement or repair repair under provision of the Sale of Goods act.

 

I would respectfully request a reply within fourteen working days.

 

Yours Sincerely

[crazychic1971]

thanks everyone for your replys well i phoned trading standards and they told me the same as everyone on here has

 

so i called back littlewoods and said about trading standards and goods act and they said it was still under guarentee even though i was told the day before it wasnt

 

so anyway they collected broken one on friday and will credit my account

 

so thanks everyone for all your help

 

helen xx

[robbond55]

Great result! Well done and glad that we can all help.

[demon_x_slash]

Congratulations, crazy, and thanks rob for putting that letter up. Every bit helps!

[oldskoolstu]

Hi

 

I am having the same problem (sounds like your compressor went like mine) and Im now into the 3rd week of this saga without a fridge freezer !

 

Ive done all the right stuff, phone calls, letters, etc and contacted Consumer Rights at the very beginning but the retalier is not giving in. Consumer Rights passed the case onto Trading Standards who have basically told me that I have to prove that the fault was there at time of manufacture ! Is this correct ? As I was lead to believe that aspects of quality include fitness for purpose and durability ?

 

Plus when I asked the retailer at an early stage how I could prove that the fault was there at time of manufacture he basically said 'I don't know', plus I was lead to believe by Consumer Rights that the onus was on the retailer to prove whether the fault was/was not there at time of manufacture and not the consumer.

 

The make is a Beko fridge freezer which we paid £300 for and its lasted 18 months. We have had an independant engineers report but it does not state that the fault was there at time of manufacture which according to Trading Standards where the problem is in regards to taking it to Small Claims as he as said we do not have a case !

 

Any help extremely appreciated with thanks