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Consumer - Tina Tackles!

Tuesday, 9 March 2010

If you would like Tina to take on a consumer query, complaint or puzzling question please contact us.

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Fiona emailed the show
Fiona's original Problem.
She watches the show almost every day. Fiona bought a fridge freezer from a well known electrical store. This is a second fridge freezer which she keeps in her shed for overflow. At Christmas the fridge Freezer stopped working and by the time Fiona noticed €500 worth of food was ruined. She rang the store and they told Fiona to ring the manufacturer. They came out to fix it on December 21st but the engineer said that he would have to order a part. It wasn't until after Christmas that it was fixed and then a few days later it broke down again. The engineer came out and told Fiona that it was because of the cold weather that it was not working and that if she brought it inside it would work.

Fiona had discussed this with the sales rep on purchasing the fridge freezer and was told that it would be perfectly fine in the shed. Even though she was within the guarantee he said there was nothing the shop or the manufacturer could do for her.

Tina's advice: The key element here is that Fiona's fridge freezer should have been "fit for purpose" and "as described" under the terms of the Sale of Goods and Supply of Services Act 1980. Fiona had requested a machine that could go in her shed and this should have been taken into account in the advice given to her by the sales person. Based on this advice she made her decision to purchase. If the advice was incorrect then the shop is at fault.

Tina contacted Fiona and just before Tina made the call to the store, Fiona had already written to the shop and had told them that she knew what her rights were and that she was on to Tina and The Afternoon Show and that they were going to get in touch with them.

It never came to that because the shop came up trumps and gave Fiona a new Fridge Freezer which IS suitable for the shed on hearing about Tina and The Afternoon Show.

Fiona's reaction: I'm sure she's delighted that she has her new fridge freezer..

Katy from Kerry sent a message on Facebook
My car was written off in the ice in December and 'scrapped' by the Insurer's assessor and I received a cheque for the value of the car. They now tell me the car is still insured by them and I have to pay the insurance since December, though I did phone two days after the crash to ensure that cover was suspended! Though all claims up to then was in total €5,200., they have removed my no claims bonus and my bonus protection insurance.

Tina's Advice: I double checked with the IIF on this one and they confirmed that the insurer is not doing anything wrong here. When you buy motor insurance you are signing up for a year's contract. If you don't need the insurance anymore part of the way through the year you are still bound by that annual contract and so have to keep paying. It sounds very unfair but this is the case.

Regarding the removal of no claims etc, that will depend on whatever the terms and conditions of her contract are. We don't have a contact number for Katy so please get in touch so Tina can read your contract and see what your rights are.