Curry's PC World

johnny_english

Me and my partner bought a Samsung Dryer from Curry's online, the first one came with a huge scratch on the door so was sent back and the replacement came on Monday 29/3/21. We installed it last night, turned it on and it makes a huge clunking noise every time the drum rotates. It's so noisy you can hear it downstairs. We rung Curry's up and have been told we need to speak to Samsung despite wanting a refund as we are not wanting this brand dryer no more. Samsung say they have to come out to the house despite hearing the clunking over the phone which could be weeks before they can get out. We don't want anybody in the house, my partner has Mental health issues which will be affected by people in the house and in times of covid we don't want to risk this also. I asked to complain to a manager at Samsung and was refused. When asked to be transferred back to Curry's I was hung up on. We then again rung Curry's, who are refusing us a refund until Samsung say it's ok to do so. I asked to complain to a manager and was told they don't have a complaints procedure, we also have the proof of this via web chat. We told Curry's we will take them to small claim court and there reply was we would lose as we are not willing to let Samsung out to inspect it. Is this correct? It's been in the house 6 days and been turned on once last night and once on the phone to Samsung. I notice on Trust Pilot after my review that other people are experiencing the exact same.

Thank you to any replys 

Greatgimp

I moaned about Currys customer services on this forum and somebody said they are as good as any other retailer with their amount of customers. Good luck getting your refund.

[Deleted User]

To me it's pretty simple.
The goods are not of serviceable quality or fit for intended purpose. Sale of goods act 1990.

Your contract of sale is with Curry's, not Samsung.

If they've sold you something duff, as in it fails one of the following tests:
It is as described
It is of serviceable quality
It is fit for its intended purpose.

If any of those 3 statements is not true, then the seller is in breach of the implied terms of the contract of sale.

What happens is legally your choice. You may choose to let them repair or replace it, or you may ask for a full refund of the purchase price of the goods. Be careful though, that doesn't automatically extend to any delivery/return costs. That would depend on what you actually bought. As in, if the delivery is a separate entry on the invoice, then you might not be able to claim that back, but the invoice is for the delivered and installed unit, ie all one package, then you should be able to claim it all, as for the purpose of the sale of goods act, services are 'goods' too. 

Bottom line, remind them of their obligations under the sale of goods act, and then you choose if you want a refund or give them another chance to sort it. Your choice, not there's. 

Bear in mind, IF you have to threaten legal action, the small claims court will want to see that you've been reasonable. To that end, it's best to keep a log of everything that happens, so when you spoke to them, broadly what was said, what you offered, what they offered, what was agreed etc. 

David713

If the OP starts quoting the Sale of Goods act then Currys will probably just ignore them as it would be apparent that they don't know the law.
The SOGA doesn't apply to business to consumer sales as the Consumer Rights Act took over in 2015.
If the OP wants to reject the appliance and obtain a refund, Currys have the legal right to insist that they prove that the fault exists and is due to a manufacturing defect and not down to misuse.
Even though getting the manufacturer to confirm this is one way of getting g the proof required, it's not the only way. There is no reason why the OP can't get an independent repairer to look at the dryer and write out a report stating what the problem is and the cost of getting this can be passed on to Currys.

[Deleted User]

I stand corrected. I didn't realise the sale of goods act had been superseded. 

Manxman_in_exile

Beardybaldy said:

To me it's pretty simple.
The goods are not of serviceable quality or fit for intended purpose. Sale of goods act 1990.

Your contract of sale is with Curry's, not Samsung.

If they've sold you something duff, as in it fails one of the following tests:
It is as described
It is of serviceable quality
It is fit for its intended purpose.

[EDIT:  Apologies.  Cross posted with your acknowledgement of error  ]

Apart from the Sale of Goods Act not being applicable (as has already been pointed out), I don't think you can necessarily conclude that the drier is not fit for purpose or is faulty just because the OP and their partner think it's too noisy.  So it might be a bit irresponsible just to tell them, without qualification, that it must be faulty.

When I'm upstairs I can sometimes hear our washing machine downstairs - but it's not faulty and it's not excessively noisy.

To get any remedy at all the OP needs to provide evidence of a fault - so somebody needs to inspect it.

JJ_Egan

Yes at least 7 years ago for consumers .

2015 Consumer Rights Act replaced SOGA .

Manxman_in_exile

David713 said:

...
Even though getting the manufacturer to confirm this is one way of getting g the proof required, it's not the only way. There is no reason why the OP can't get an independent repairer to look at the dryer and write out a report stating what the problem is and the cost of getting this can be passed on to Currys.

According to the OP there is a reason.  That's why they don't want anybody (not just Samsung) to come to the house to inspect it...

johnny_english

Thank you to you lovely people for your replys. I'm quite sure next door but 3 can provide evidence it is faulty 😁. The noise is that of grinding metal, a loud thud every rotation. A quick YouTube and Google search tells me it's a common fault on all Samsung Dryers with the exact same noise being demonstrated on a YouTube video. 
David713, please read the original post and my partners mental health issue having people in the house 

David713

johnny_english said:

David713, please read the original post and my partners mental health issue having people in the house 

But if Currys agree to refund you, someone is going to have to visit to collect the appliance and you have already had 2 visits to deliver the 2 dryers so if you want to avail yourself of your consumer rights, you are going to have to allow further visits for inspection and possible collection.

Manxman_in_exile

David713 said:

johnny_english said:

David713, please read the original post and my partners mental health issue having people in the house 

But if Currys agree to refund you, someone is going to have to visit to collect the appliance and you have already had 2 visits to deliver the 2 dryers so if you want to avail yourself of your consumer rights, you are going to have to allow further visits for inspection and possible collection.

Good point.

Also, having in the past had a washing machine inspected post-delivery, I would say an inspection visit is a lot less disruptive and stressful than delivery and installation - or removal.