UK consumer law advice please 🙏
I’m in England and bought a second-hand Kenwood fridge from a local trader, which they delivered to me.
When it arrived, it was soiled and had staining/cobwebs and a very strong stagnant/rancid curry/oil-type smell, particularly around the vent. There was also a problem with the bottom glass panel/drawer not sealing properly.
I reported this shortly after delivery. It has now been nearly 6 weeks and I’ve spent my own money and time cleaning it and buying cleaning products/charcoal filters. For a while I didn’t feel comfortable storing food in it because of the smell.
The trader said they would order a replacement glass panel (£22) and an odour-removing filter (£22), but I later discovered they hadn’t actually been ordered. I was also given a delivery date and arranged for someone to wait in, only to be told later that the parts weren’t coming.
There is also an issue with the receipt: it says Hotpoint, although the fridge supplied is Kenwood. The trader has now confirmed in writing that this was a “human error” and that the fridge I selected and received were the same item.
They are saying that because it was second-hand, I saw the fridge in the shop and therefore accepted its condition. I’m unsure whether that means I’m considered to have accepted issues such as the strong smell and defects that weren’t reasonably apparent when viewing it.
They initially offered a full refund if they collected it. I asked if I could instead keep it for £80. They offered £40, then increased this to £44, which they are now calling a “final and conclusive resolution”. I have not accepted this.
There was also water damage to my carpet, which they have acknowledged in writing.
I have photos/videos, the receipt, messages, evidence of cleaning expenses, messages about the parts, and all their offers.
My questions are:
• Does the incorrect manufacturer on the receipt matter legally?
• Does being second-hand mean I accepted all defects, or does the Consumer Rights Act still apply?
• Could I potentially claim reasonable expenses and the carpet damage?
• If I keep the fridge, can I negotiate a reasonable partial refund rather than accepting £44?
• If I reject their £44 “final” offer, can I still pursue other remedies?
• Is this worth reporting through Citizens Advice/Trading Standards?
• If I went to small claims, what could I realistically claim and what evidence would I need?
I’m not trying to make an unreasonable claim. I’ve spent nearly 6 weeks trying to resolve this directly because I simply wanted a usable fridge and a fair solution.
Thanks in advance for any advice.
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