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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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We have a side by side fridge freezer that is about 4 years

Customer Question

We have a side by side fridge freezer that is about 4 years old, it keeps breaking down and has been repaired under an insurance policy about 6 times. The policy is new for old but they keep repairing it and the repair lasts 6 months or less. What rights do we have to say enough is enough, this needs to be replaced ?
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to the site. My name is Max and I will help you with your question.

Max Lowry :

In the insurance policy there is usually a clause that says when it would be repaired as opposed to replaced with new.

JACUSTOMER-442bv5ts- :

Hello Max

Max Lowry :

It is usually to do with market value and whether the thing being repaired is beyond economical repair.

Max Lowry :

If you can show the insurer that the thing is uneconomical to repair, by reference to the visits to repair and cost to them so far,then that should mean you become entitled to a new one.

JACUSTOMER-442bv5ts- :

I thought there was some legislation that continual failure makes the item not fit for purpose.

Max Lowry :

The legislation is the Sale of Goods Act 1979.

Max Lowry :

That requires the fridge-freezer to be of satisfactory quality.

Max Lowry :

There isn't anything that specifically says that an item that continuously breaks down then it must be replaced under an insurance policy.

Max Lowry :

If it keeps breaking down though, then you should be able to argue that it's not of satisfactory quality and that you're entitled to a replacement or your money back. The argument would be that it is a breach of s.14 of the Sale of Goods Act 1979.