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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My fridge/freezer broke down on Aug 29th. The manufacturer's

Resolved Question:

My fridge/freezer broke down on Aug 29th. The manufacturer's engineer confirmed that it was beyond repair and should be replaced under the terms of the warranty. The machine was replaced on Sept 4th, but I was charged £150 for delivery, installation and disposal of the old machine. I paid the £150 so that delivery wouldn't be delayed, then disputed the charge as I assumed that this should have been covered by the warranty. I quoted the Consumer Rights Act, but the manufacturer has verbally replied saying that the charge is valid because the Consumer Rights Act only came into effect on 1st October. If I am not covered by the Consumer Rights Act, would I be covered by whatever it replaced?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
It was under warranty so you didn't need to pay for delivery.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

So is the company wrong saying that I am not covered by the Consumer Rights Act? But I am covered by the Sale of Goods Act?

Expert:  Ash replied 1 year ago.
Yes, sale of Goods Act.
Alex
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex