My broken refrigerator caught fire and burned down my kitchen. Am I within my legal rights to claim a new kitchen from the manufacturer?
EW, by email.
Dean Dunham replies: Maybe that will work. Under a law called the Consumer Protection Act 1987, you can make a claim against a manufacturer of goods if the goods are defective and such defect causes damage to your property or injury to you.
A product is defective if its safety is not what you would normally expect.
This should take into account the warnings and product instructions provided, and how the product can reasonably be expected to be used.
Refrigerator Fire: Can a reader demand that his refrigerator manufacturer pay for a new kitchen after his faulty appliance malfunctioned and caused a devastating fire?
But as with anything, there are also a number of exclusions and certain defenses that the manufacturer can use to legally avoid your claim.
For example, the manufacturer may reject your claim under the following circumstances: the value of your damage is less than €275 (this is obviously not the case here), you have not followed the instructions for use and the fault was therefore caused by your 'misuse' of the goods, you failed to notice any safety warning or product recall notice (although the manufacturer would have to prove that such warning or notice was brought to your attention), or the problem arose due to 'wear and tear' and therefore the goods are past their use-by date (this defense should only work if the goods are very old and clear notice was given to confirm how long the goods should last).
And the other defense manufacturers tend to say, “There were no defects when the goods left our warehouse” (which is difficult for them to prove).
As long as you aren't caught by any of the above defenses, you can claim a new refrigerator and the cost of a kitchen (including installation).
It is also important to note that, unlike a claim against a retailer for defective goods, a claim against a manufacturer under the Consumer Protection Act does not matter whether you did not purchase the goods.
Ticket scalper charged me triple
I purchased concert tickets through an external ticket sales website.
However, the tickets were three times as expensive as the tickets that could be purchased on site. Is it legal for the seller to charge me so much more?
JF, by email.
Dean Dunham replies: Secondary ticket sellers are legally required under section 90 of the Consumer Rights Act 2015 to provide certain information to consumers before they commit to purchasing the tickets.
As part of this, consumers should be informed of the 'face value' of the ticket and made aware that they are purchasing from a secondary ticket agent.
If you were aware of all these important points before purchasing your tickets, unfortunately there is nothing you can do anymore.
However, if this information has not been made clear to you, you can claim a full refund on the grounds that the seller has breached the Consumer Rights Act, which entitles you to cancel the purchase of the ticket and get your money back to get.
If the ticket seller ignores or denies your claim, you can file a chargeback claim if you paid with your debit or credit card in the last 120 days.
If the period has lasted more than 120 days and you paid by credit card, you can make a claim under section 75. This applies to purchases over £100 and allows you to get the cost of the tickets back claim from your credit card company, rather than from the seller.
In either case, you will need to contact your card provider, tell them that you have paid with your card and that there has been a 'breach of contract' (this is because the card provider has broken Section 90 of the Consumer Rights Act here), and you want therefore make a claim under the clawback scheme or under section 75, as the case may be.
- Write to Dean Dunham, Money Mail, Scottish Ny Breaking, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Ny Breaking cannot accept any legal liability for any answers given.