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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am being told by the manufacturer of my Fridge freezer which

Resolved Question:

I am being told by the manufacturer of my Fridge freezer which is 6 months out of warranty--that If I make a claim for NOT SUITABLE FOR PURPOSE that I have to contact the Supplier Currys is this correct
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
This is correct, it is the retailer that is responsible under the Sale of Goods Act not the manufacturer.
You should contact Currys , the retailer about this. If the manufacturer has said they agree it is not fit for purpose it will be hard for the retailer to escape liability for this.
If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.

The manufacturer has not agreed that the fridge freezer dispenser design within the door Is not it for purpose---how will this sit with Currys

Expert:  Jenny replied 2 years ago.
Sorry I thought you said they have.
It doesn't make a difference other than Currys may dispute your claim.
It is still Curry's that is responsible under the Sale of Goods Act in the event of a dispute.
You should approach Curry's with the problem and if they do not present you with an adequate solution then you can consider action under the Act.
Customer: replied 2 years ago.

Ok---If Currys do not satisfy me with the answer I am looking for,.what are the likely costs for me if I consider action and lose

Expert:  Jenny replied 2 years ago.
The costs of issuing small claims are set out on the following link https://www.gov.uk/make-court-claim-for-money/court-fees
If you issue the claim and lose then Curry's can claim their legal costs. It is unlikely that this will be much as it is a fairly standard issue. I cannot tell you how much they would be in total.
You are not at this stage yet though. They will probably come up with a solution if you raise a complaint under the Act. You can also lodge your complaint with trading standards and get a reference number to use in your correspondence with them. This sometimes helps them to realise you mean business.
I would be grateful if you would now take the time to rate my answer. I will be happy to answer your follow on questions.
Customer: replied 2 years ago.

Ok Thanks for the info

Expert:  Jenny replied 2 years ago.
No problem, all the best with this. Please do remember to rate my answer as I am not otherwise credited for my time.
Thank you and all the best.
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