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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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I purchased a freezer from Currys in December 2013 and on the18th

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I purchased a freezer from Currys in December 2013 and on the18th of July it stopped working, I contacted Currys on the 18th and told me it was not their responsibility and they gave me the manufacturers number, they passed me on to their service agents, they called me and arranged a visit on the 21st when the engineer arrived he did not have the correct parts to do the repair he then arranged to come back and fit the parts yesterday the 29th, he arrived fitted the parts left and said the freezer is ok but in fact it did not work, I then contacted Currys and said I am dissatisfied and would like a replacement freezer they said they would not replace it, I had another call from the service department to say they are now coming to have another chance of repairing it next Tuesday 5th August which is still 2 weeks without a freezer. Whst are my rights?
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 3 years ago.

Hi Jo, I would like to know if I can demand a replacement machine or my money back?

Its not that simple I'm afraid. This freezer failed outside of the first six months of purchase. The effect of that is that the presumption is not in your favour. All that means is that you have to prove that the fault existed at the time of sale rather than the other way around. At least, of course the specific fault did not exist or you would not have bought it but the propensity to fail early may have done.
The store are incorrect as well. Its not right to say they have no responsibility. Their liability is weakened under the SGA because of the passing of six months but they are still at risk.
However, I'm afraid its not likely you could claim a full refund at this stage. Whichever way you look at this, you had nearly seven months use from this freezer and they are entitled to take that into account.
You could sue them for the cost of a repair. If that is not possible then you could try to seek a replacement device. If they contest it then you will have to prove the fault existed. The practical reality is that they may well just settle. Its expensive to sue and fight actions and they will have better things to do.
Can I clarify anything for you?
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