Currys refusing to exchange faulty fridge freezer

paulcarpenter99

I bought a fridge freezer online from curry, it got delivered there guys opened it and put it in place for me, i left it for 4 hours like i was told until i plugged it in. The next morning i noticed it was making a loud horrible gurgling noise every 40 minutes or so to which I thought ok i will give it a day or so as it is new and may need to settle or something.
nothing changed so 5 days after delivery i contacted currys, told them it was faulty and they said i need to deal with samsung.
I contact samsung and after a week of going backwards and forwards with them they agreed to send an engineer, as i live alone i had nobody to let him in and I didn’t want to take a days holiday just for this so i said come in a couple of weeks when i already have a day off booked
the engineer was i my house for 10 minutes, found a pipe at the bottom of the fridge that was unclipped said that was the problem and left, 10 minutes after he left it started again.
so I contact samsung again and after another week of going back and forth with them they ask me to send a video of the noise, to which they reply that this is normal and the fridge is working fine! 

I was shocked! I measured the noise at 67DB when the fridge is advertised at 35DB, samsung they said thats all theh can do and if i still have any issues need to deal with currys
so i contact currys, who point blank said no we can’t do anything without an engineer saying its faulty, so now im stuck with a fridge freezer that i can only keep bare minimum food in because i have to turn off when im home. Im at my wits end it’s even giving me sleepless nights. Does anybody know what i can do? 

Aylesbury_Duck

What model is it?  Have you looked at online reviews to see if noisiness is a common feature?

How have you measured 67dB?  If it was on a phone app, it may not be particularly accurate.

Some basic checks to do: is it installed level?  Does it have sufficient clearance around it, as specified in the manual?  If it's not level, or is resting against a cupboard, or is just too hemmed in, it might be noisy because it's vibrating against something or is working hard because it can't dissipate heat effectively.

What about that unclipped pipe?  Can you see if it's come adrift again?

Bottom line is that if it's not faulty, Currys don't have to do anything.  If you contend that it is faulty, get an independent white goods technician out to inspect it.  If s/he says it's faulty, you can take action against Currys.

paulcarpenter99

It is a RB38T636DB1 and yes i looked at the reviews and none mentioned a gurgling noise (although i wish i read the terrible reviews about currys before buying this), yes it was on a phone app.
yes i had to go through all those checks on the phone to samsung, ive checked the pipe which is at the very bottom at the back of the freezer near the floor, its fine the noise comes from the centre of unit at the back
it is definitely faulty there is no way anyone would listen to this noise
I cant post a link on here yet but i have just put a short video on youtube named 
samsung RB38T636DB1 do not buy!!
have look and tell me what you think

Aylesbury_Duck

Yeah, that's not right.  Sounds to me like the pump bearing is broken or something like that, it sounds mechanical.

Get onto Currys again.  It's their job to sort it.  Unless you have a Samsung warranty, in which case that might prove to be a better route to a resolution.

If you get stuck, get a local tech to inspect it and write a report. Then go to Currys insisting on a resolution plus the cost of the inspection.

paulcarpenter99

Believe it or not that is the exact video i sent to samsung who told me its a normal noise! 

Aylesbury_Duck

What's the swishing noise? A tap or a washing machine in the background, or part of the same fridge noise?

paulcarpenter99

Everything you hear is the fridge, i turned everything else off when i recorded it

the_lunatic_is_in_my_head

Hello OP

I would Google CEO email and search that site for Currys and pop an email over with a brief to the point explanation similar to the below:

Dear Currys

Regarding order number xx, on the x date I contacted Currys customer services regarding an issue with the fridge and they directed me to your repair agent (Samsung) who attended to attempt a repair. Despite this attempt the problem is unresolved.

I'm writing to advise that I am exercising the final right to reject the goods as they do not conform to the contract after one failed repair attempt. 


https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

Please advise the date the goods will be collected and acknowledge a refund will be issued within 14 days of receipt of this email. 

Thank you in advance,
paulcarpenter99

Jumblebumble

the_lunatic_is_in_my_head said:

Hello OP

I would Google CEO email and search that site for Currys and pop an email over with a brief to the point explanation similar to the below:

Dear Currys

Regarding order number xx, on the x date I contacted Currys customer services regarding an issue with the fridge and they directed me to your repair agent (Samsung) who attended to attempt a repair. Despite this attempt the problem is unresolved.

I'm writing to advise that I am exercising the final right to reject the goods as they do not conform to the contract after one failed repair attempt. 


https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

Please advise the date the goods will be collected and acknowledge a refund will be issued within 14 days of receipt of this email. 

Thank you in advance,
paulcarpenter99

What do you think Currys will do when they learn Samsung claim there is no fault?

the_lunatic_is_in_my_head

Jumblebumble said:

the_lunatic_is_in_my_head said:

Hello OP

I would Google CEO email and search that site for Currys and pop an email over with a brief to the point explanation similar to the below:

Dear Currys

Regarding order number xx, on the x date I contacted Currys customer services regarding an issue with the fridge and they directed me to your repair agent (Samsung) who attended to attempt a repair. Despite this attempt the problem is unresolved.

I'm writing to advise that I am exercising the final right to reject the goods as they do not conform to the contract after one failed repair attempt. 


https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

Please advise the date the goods will be collected and acknowledge a refund will be issued within 14 days of receipt of this email. 

Thank you in advance,
paulcarpenter99

What do you think Currys will do when they learn Samsung claim there is no fault?

If someone came here with a 7 month old fridge they'd be advised they need to show the problem so should to get someone to have a look and put down on paper what the issue and cause is. 

As OP is within 6 months it's taken the goods do not conform unless otherwise demonstrated, someone at Samsung watching a video and saying the fridge is fine doesn't cut it IMO. 

OP says "so i contact currys, who point blank said no we can’t do anything without an engineer saying its faulty" and that is Currys problem, they are welcome to have the fridge inspected once they've collected it and should they believe on the balance of probabilities there isn't a right to reject then they may well decide not to refund but the burden of proof lies with Currys rather than the OP. 

paulcarpenter99

 

This is the response i get from currys, out of pure desperation to get this fixed i have contacted 3 appliance repair companies, told them i need an engineers report confirming the fault and they have all said we dont want to get involved as we have had issues with this before… so its obviously not just customers lives that currys like to make difficult, i feel like i have nowhere to turn im seriously considering just throwing the fridge away and buying new from someone else because this whole situation is stressing me out so much the only thing thats stopping me is i dont want currys to have the satisfaction of getting one over on me!