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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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My new fridge freezer broke when it was under 6 months old

Customer Question

My new fridge freezer broke when it was under 6 months old can i ask for my money back?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How much did you pay for it please?
Customer: replied 4 years ago.

£693 pounds.

Expert:  Jo C. replied 4 years ago.

Whats wrong with the fridge please?
Customer: replied 4 years ago.

The compressor is broken.

Expert:  Jo C. replied 4 years ago.

Can that be repaired?
Customer: replied 4 years ago.

Yes it can but having seen on line that i could possibly get it changed or a refund if it had broken in under six months.I would always waiting for it to break again.

Expert:  Jo C. replied 4 years ago.

When did you buy please?
Customer: replied 4 years ago.

bought on. 9th july 2013 it broke on 31st december 2013

Expert:  Jo C. replied 4 years ago.
Thanks. I see.

I wouldn't take much notice of what you see online. I'm afraid there is a lot of nonsense on the internet.

This is a purchase to which the SGA applies. That will mean under S14 SGA it must be ‘fit for purpose’. That does not mean perfect but it does mean reasonably good with reference to the price you paid for it, its age and history. This is a fairly recent purchase and it wasn’t an insignificant price. Clearly it is faulty and they seem to accept that by offering a repair so that should be no difficulty.

You do have to reject anything you purchase under the SGA which has a fault if you have not already ‘accepted’ it. What it means to ‘accept’ an item depends on the nature of the purchase, the price of the item, the length of time you’ve had it. This is something that you had for a number of months so I'm afraid that realistically there is a risk the court would say you've accepted it.

The fault was, however, discovered within the first six months of sale so there is a presumption in your favour that it existed at the time of sale.

You do have a right to demand either a repair or a like for like exchange. The dealer can only refuse one or the other if he can show that the remedy is impossible or disproportionate. He is probably relying on the latter.

However, under the SGA, if he fails to act within a reasonable time or causes you unreasonable inconvenience, you are entitled to ask for rescission of the contract and a full refund or a price reduction.

You could try to claim a refund at this stage but you will have to show that you have not accepted the fridge and given that you had it nearly five months that will not be easy. Also, you should bear in mind that they are entitled to reduce any award to reflect the use you've had from the item.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.