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Trying to claim under SOGA for Samsung RSG5DURS Fridge Freezer


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Hi,

 

I bought a Samsung RSG5DURS fridge freezer from Sainsburys Appliances (DRL Kitchen Appliances) in Feb 09. It developed a fault after a month whereby the front panel shows -20/+3 but the compressor had shut down and all the food was spoilt. If you turn it off for a few minutes then back on, it reports a temperature of say +4/+8 and then starts cooling again. There is no indication that there is anything wrong with it cooling, so it is pure chance that you might notice it and prevent food loss.

 

A service engineer was called out 3-4 times and it was repaired twice before Samsung then decided to replace it. 2 years later, the same fault has happened on the replacement. Samsung sent out an engineer who took one look at it, remembered the previous visits and said Samsung were aware of this fault but have no way of repairing it as they don't know how to fix it.

 

The retailer (DRL) have said that as its out of guarantee, they are not prepared to do anything, and Samsung have only offered a partial refund of £778.25 (the original price being £1158).

 

This seems to be an inherent fault with this model as the service engineer has other customers with the same problem and his solution was to put it on a timer so it turned off/on twice a day. I called consumer direct and they advised me of the SOGA and Section75. I have drafted a couple of letters and would like some feedback on them before I send them out.

 

----------

Disputes & Chargebacks

Lloyds TSB Bank PLC

Pitreavie Business Park

Dumfermline

Fyfe

KY994BS

 

Dear Sir or Madam,

 

Account number: xxxx xxxx xxxx xxxx

 

Ref: Section 75 of the Consumer Credit Act 1974

 

I am writing to request that you reimburse me the value of £1183.55 as full payment for a Samsung RSG5DURS American Fridge Freezer I paid for with myLloyds TSB Platinum credit card to DRL Kitchen Appliances on 17/02/09.

 

My claim is made on the grounds that the item purchased is faulty and I have been unable to resolve my complaint with the supplier and that you are jointly and severally liable for any misrepresentation or breach of contractwith the above supplier under Section 75 of the Consumer Credit Act 1974.

 

The supplier when contacted via phone is unwilling to refund or replace the item. The manufacturer is aware of the fault and cannot repair the item, they replaced it originally in July/Aug 2009 for the same fault so have now refused to replace the item again, and have only offered a partial refund of £778.25 without taking into account the £400-450 of food lost in total over multiple repair call-outs.

 

I enclose the statement with the transaction highlighted, and also a copy of the letter I have now forwarded to the supplier as this was advised by your customer service representative.

 

I look forward to a full and prompt response to this letter within 14 days.

-------------------

 

TheManager

 

DLR Kitchen Appliances (T.A. Sainsburys Appliances)

Aspinall House

Aspinall Close

Horwich

Bolton

BL6 6QQ

 

Dear Sir/Madam

Sale of Goods Act 1979 (as amended)

 

On 17th February 2009 I bought a Samsung RSG5DURS Side-by-Side Fridge Freezer from you for £1158 which is not of satisfactory quality. (Order No.xxxx)

The problems are:

1.The refrigerator shuts down completely at irregular intervals whilst still showing the selected temperature without any form of alarm. When the fault is discovered, the power needs to be turned off for a few minutes then back on again, after which the compressor starts and the appliance begins cooling again whilst then reporting the correct temperature which slowly drops, but by then food may have spoilt. Samsung are aware of this fault but have no solution available to fix the issue.

 

After taking advice from Consumer Direct I wish to claim either a replacement or full refund.

 

S.14 of the Act (above) requires that goods be of satisfactory quality and last a reasonable length of time, so given the make, price and type of item, I do not believe that the fridge freezer meets that description for the above reasons

 

Furthermore, the manufacturer is not responsible as my contract is with yourselves. I therefore request that you respond to my complaint within 14 days from receipt of this letter.

Should I not hear from you by that time, I shall refer the matter to trading standards and, if necessary, commence legal action, but I trust this will not be required.

 

-----

Edited by JezJ
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  • 1 month later...
I have exactly the same model with exactly the same issue( s) . Currently had new main circuit board and display board. Temperature still all over the place. How did you get on ??? is it resolved??

 

I was offered £150 by DRL t/a Appliances Online (as a goodwill gesture for the problems) from the retailer after sending the SOGA letter if I accepted Samsungs offer. LloydsTSB refused to help under Section 75 as they said it would be up to a court to decide that 3 years was a reasonable length of time for a £1200 fridge to last!

 

I just wanted it over, so I accepted the £928 and went and bought a Siemens fridge from Comet (there was a %10 off voucher code online) which comes with a 5 year parts&labour warranty which is reassuring.

 

Not sure if its just LloydsTSB, but I won't be using that card ever again for anything where I might want some support.

 

Good luck with sorting yours out.

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Thanks for your replies guys. As my RSG5Durs is now 3yrs 3mths old ,I don't hold much hope with SOGA after reading Rebel11's sections 10 , 12,13.

What I do have is a domestic & general extended warranty which gives a further 3 years cover after the samsung warranty has expired.

 

My question is: how many attempts can they have to fix it before I am due a replacement ??

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Hi Jez

 

As you've resolved the matter, I fear it is too late. If SOGA gives you protection upto 6 years from manufacturing faults, then LloydsTSB's reasoning doesn't make much sense. You would expect the fridge/freezer to last longer then 3 years. If you were told that your fridge/freezer is going to last three years then you wouldn't by it. Do a Google search to find out if others have complained about the same fault.

 

Hi rebel11

 

Am I right in assuming as i've now accepted the offer from Samsung / DRL that its too late for me to escalate the claim with LloydsTSB?

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Hi Chris

 

SOGA is exactly what you need to use, it gives you protection up to 6 years.

 

'• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).'

 

Do a Google search to find out if others have complained about the same fault.

 

Thanks for your replies guys. As my RSG5Durs is now 3yrs 3mths old ,I don't hold much hope with SOGA after reading Rebel11's sections 10 , 12,13.

What I do have is a domestic & general extended warranty which gives a further 3 years cover after the samsung warranty has expired.

 

My question is: how many attempts can they have to fix it before I am due a replacement ??

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Thanks for your replies guys. As my RSG5Durs is now 3yrs 3mths old ,I don't hold much hope with SOGA after reading Rebel11's sections 10 , 12,13.

What I do have is a domestic & general extended warranty which gives a further 3 years cover after the samsung warranty has expired.

 

My question is: how many attempts can they have to fix it before I am due a replacement ??

 

I had 4 visits before I got a replacement from Samsung although this is definitely a inherent problem so I would make sure that you get a different model, as you'll always be expecting it to fail with the same fault one day. The UCRS looks identical but seems to be different as the front panel has extra functions.

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