Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Faulty fridge freezer

8 replies

cire · 30/03/2023 15:45

I bought a fridge freezer 18 months ago. It has broken down on me 3 times and I have twice lost a very full freezer of food costing hundreds to replace (large American style FF).
It's been condemned and I am receiving a refund. I think for an item to fail that often in a relatively short space of time is unacceptable and I feel I should be compensated for my financial loss. Company are of course saying no and directing me to my home insurance which will affect my premium.
Does anyone have any knowledge around taking a company like this to the small claims court for similar?

OP posts:
prh47bridge · 30/03/2023 15:59

You can make a claim under the Consumer Protection Act. This makes the manufacturer liable for any damage caused by the product. Note that, unlike your right to a refund, your rights are against the manufacturer, not the retailer.

cire · 30/03/2023 16:05

Yes it's the manufacturer I have dealt with. The retailer has been great in all honesty.
So would that be the legislation I'd be taking them to the small claims court for?
It feels like a point of principle really as well as the financial loss.

OP posts:
prh47bridge · 30/03/2023 16:11

Yes, it would.

Poshjock · 30/03/2023 16:37

Look up consequential loss as part of Consumer rights.

I was under the impression that the retailer could also compensate you for consequential loss provided it was reasonable and proportional. Your right to refund is under the "fit for purpose" and "reasonable length of time" and it appears the manufacturer is not disputing this. Remember your contract is with the retailer and I would absolutely keep putting this at their door, reminding them of their position within the "contract".

Keep pushing and quoting the regulations, and quoting the terminology used within that legislation, likely either the retailer or manufacturer will realise that you are not going to go away. Be clear in what you expect them to do to make this right for you, often this is missed in communcations.

I find Martin Lewis' pages on consumer rights (SADFART!) is a good start point to help you focus and construct your complaint in a way that will get their attention.

cire · 30/03/2023 16:54

Great advice - thank you! Will be taking a look. The retailer has given me £16 (random!) that I haven't asked for as a 'good will gesture'.

OP posts:
FinallyHere · 30/03/2023 17:41

retailer has given me £16

You might find it difficult to obtain more than that if you accept that 'good will gesture'. It complicates the situation. I'd refuse it and hold out for more.

Small claims process is very straightforward.

You can create a claim, save it and use that reference to give the people the claim is against a deadline for settling.

Your claim should also include a rate of interest if they don't respond by your deadline, which will incentivise them to settle.

It will cost any large organisation so much more to fight such a claim, they many will just have a limit up to which they can settle regardless of the strength of the claim

There are limited methods to force them to actually pay up either in advance settlement or if ordered to pay. Most reputable organisations do not want to be public ally Shane's on twitter or social media / their web site.

If you win your claim, they won't want to have that known publicly, so you are likely to get more than £16 if you keep at it.

https://www.gov.uk/make-court-claim-for-moneyy*

The £16 means they have accepted there is a case to answer. I agree about the principle of making them make a decent, proportionate compensation. Send it back and ask for a decent offer to avoid a claim against them. Good luck.

Good luck.

prh47bridge · 30/03/2023 22:45

FinallyHere · 30/03/2023 17:41

retailer has given me £16

You might find it difficult to obtain more than that if you accept that 'good will gesture'. It complicates the situation. I'd refuse it and hold out for more.

Small claims process is very straightforward.

You can create a claim, save it and use that reference to give the people the claim is against a deadline for settling.

Your claim should also include a rate of interest if they don't respond by your deadline, which will incentivise them to settle.

It will cost any large organisation so much more to fight such a claim, they many will just have a limit up to which they can settle regardless of the strength of the claim

There are limited methods to force them to actually pay up either in advance settlement or if ordered to pay. Most reputable organisations do not want to be public ally Shane's on twitter or social media / their web site.

If you win your claim, they won't want to have that known publicly, so you are likely to get more than £16 if you keep at it.

https://www.gov.uk/make-court-claim-for-moneyy*

The £16 means they have accepted there is a case to answer. I agree about the principle of making them make a decent, proportionate compensation. Send it back and ask for a decent offer to avoid a claim against them. Good luck.

Good luck.

Since it is the retailer that gave the goodwill gesture, not the manufacturer, it isn't relevant. Since OP has had a full refund, which is all she would be entitled to from the retailer, she is unlikely to get more from them. However, under the Consumer Protection Act, the manufacturer is responsible for any damage caused by a defective product, so it is the manufacturer she needs to pursue.

Greensleevevssnotnose · 30/03/2023 22:55

In my experience ( white goods insurance) they tend to pay out under £500 as that's what it will cost them minimum for court. Nevermind staff to attend lawyers etc. If you put in a reasonable claim for food loss no Wagyu Beef and lobster unless you have the receipt and copy you home insurance policy showing you have no cover for food loss they will pay. Over this or if you have insurance they won't as there is a danger of you claiming twice and home insurance is there to cover these losses. They will usually cover the excess and any increase in premium which will be negligible I would think. My vpcontents insurance is 2:99 a month a we had a claim last year for broken glass in a picture that jumped off the wall. It was the same price the year before.

New posts on this thread. Refresh page