Warranty replacement legal help please

[Morechocmorechoc]

I have a warranty for my fridge freezer and it has broken. They agree it needs replacing but are saying everything is out of stock, even though their website have it, they are saying its a different warehouse.

They offered us something that was half as good as our current fridge.....obviously not ok. Then a refund. Problem with refund is we got a great deal and a couole of years ago. The same item is now 800 more which obviously we should not have to pay as they should give us a like for like.

I thought if this was the case they should provide at least the equivalent item and if not the next item they can find that is better not worse. Is that not the law? Nothing about this in terms and conditions so we are just whatever the law is. Can anyone answer that for me please?

Looking like small claims court but want to make sure we are correct. I dint see how they should get away with giving us something worth half the price.

Many thanks for you help legal minds on mumsnet!

Small claims won't be any use sorry they are not going to award more than the refund already offered

What is the actual wording of your warranty? If it says they can repair, replace or refund then I think they are honouring the terms - even though it seems unfair if the price of a replacement is much higher now. I’ve got a similar issue atm with some patio doors - glass has gone clouded in one door and the guarantee for ten years only covers replacement component parts. The company are saying (for months) that they agree it needs to be replaced but they can’t get the glass - even though they are continuing installing new windows and doors for new customers, they claim they are complete units and the guarantee doesn’t cover for that so I can’t have new doors. I’m not sure where to go from here as I can’t prove one way or the other whether they can get replacement glass. ……..

Sorry Tyranny, I feel these warranties mean nothing! Good luck.

WTF why do you think small claims won't do anything? Do you have any legal knowledge?

What i mean is that you have already been offered a full refund under the warranty a claim under the small claims court wouldn't give you any more than that and you could have costs awarded against you leaving you in a worse position.

Bump for the evening crowd...any lawyers?!

Small claims will not award you more than you have paid. You've been offered a full refund. That's all you would get from small claims as well.

If they have the same item currently for sale though then they cant tell you it is out of stock. Try tweeting them.

If you’re claiming on their warranty; the law isn’t as relevant - they need to stick to the their warranty terms (unless there’s a part of their warranty terms that you think is illegal; but that’s not clear).

You have no legal right to anything more than a full refund. That’s quite a generous offer, for an appliance that is a few years old - the law would allow them to deduct from the refund for reasonable usage; and their warranty probably would too.

I’m sorry that means you’ll have to add to it to get the same standard, but unless the warranty promises a like-for-like replacement with no caveats, there’s not much more to argue for.

You could perhaps try to negotiate a bigger “refund” as a voucher towards a new fridge, if you’re debating the same brand? They may be happier to give you more cash if you agree that it’ll be spent with them.

Thanks imun. That's a great idea....just need a twitter account will set one up cant hurt to try.

Take. Also a good idea to ask for goodwill voucher thanks.

The annoying thing is if we wait one will eventually come back in stock therefore saving us that 800 which us huge. It just seems all wrong to me morally esp as its on their website. Never mind, big company always gets the extra from the small people!!

Try posting in Legal Matters