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Case studies - Faulty Freezer after just 28 days

When Mark Dawson’s fridge-freezer stopped working after 28 years, he knew 
he’d be unlikely to find one that could last as long.

But he hadn’t expected the new fridge-freezer he bought to fail after just 24 hours – nor for the replacement model provided by the store to fail just as quickly.

When Mark visited his local Currys electrical store in November 2010 to buy a fridge-freezer, he told the salesperson that it was for use in his garage. The salesperson recommended a Frigidaire model, costing £209.94, which Mark bought.

The fridge-freezer was delivered and placed by the delivery team in Mark’s garage. It was fine for 24 hours, but then stopped working.

What Mark did

When Mark reported the problem to the store manager, Currys agreed to replace the fridge-freezer. Again Mark explained that the fridge-freezer was for use in his garage. So when the replacement failed in the same manner as the previous one, Mark did some research and discovered that the fridge-freezer he bought was not designed to work in a cold environment.

When Mark asked the store manager what Currys intended to do about this problem, he was told to write to the customer relations team of DSG Retail Limited – the company that operates the Currys shops.

Which? Legal advice

Mark then contacted Which? Legal. Our lawyers advised Mark that it was likely that DSG 
was in breach of contract as the fridge-freezer he bought was unsuitable for the specific location he had told its salesperson he wanted it for. We recommended that he ask DSG for a refund, but DSG refused. 

What happened next

We advised Mark on how to issue legal proceedings against DSG for breach of contract and misrepresentation. In response DSG offered to repair the fridge-freezer, pay his court costs and a further £20 in compensation. Mark rejected this offer, explaining that the fridge-freezer was never going to work in the winter in his garage and was, therefore, unfit for the purpose he had bought it for.

He told Currys that he felt its salesperson had mis-sold the fridge-freezer and what he wanted was a refund so that he could buy a fridge-freezer that would work properly in his garage.

Outcome

DSG apologised to Mark for the way it had treated him and refunded the full cost of the fridge-freezer.