Should I Go to Court When Big Firms Leave You Hanging When The Matter Is under $4000?

Bman17 on 23/08/2023 - 11:12

Recently I have had an extremely frustrating experience with NRMA and Samsung. I have raised Samsung’s complaint with ACCC, but I don’t think ACCC would resolve the issue either as the website clearly says: “We don’t resolve individual complaints or make any formal decisions” I could be wrong.

Samsung: Fridge failed twice during the warranty, Samsung fixed it. When it failed the third time, Samsung promised (verbally over the call) that they would provide me a refund if this happens again, and fixed the same issue the third time. After three months, the same ice build-up issue occurred, Customer care advised we will send out a tech to confirm it is faulty (not to repair) and then they will refund me. Tech confirmed the fridge is faulty and had a “known manufacturing defect” but Samsung support closed the request by stating “We won’t provide you further support considering the age of the hardware”; the fridge was just over 4 years old.

NRMA: Rear windscreen smashed while parking (no other issue or any third-party damage). It happened a few hours before my policy with NRMA got expired. I have been with NRMA for the last 10 years and never had any claims at or without my fault in the last 7 years. Had comprehensive insurance with windscreen replacement with no excess. Have been following up NRMA for the last 20 days with daily calls and 7 emails so far, no response yet. I was initially told, “Since it happened on the last day, the claim will go through the review process which will take 2-4 business days”.

Should I choose Court Option? If yes, would this be a very lengthy process?
Do I have any other options?

Poll Options expired

  • 60
    Yes, go to Court in either or both cases.
  • 15
    No, leave it. Not worth the time and effort required to go to court.
General Discussion

Comments

  • Fredfloresjr on 23/08/2023 - 11:13

    from $4000 to $12000 real quick if you bring those matters to court.

    • redfox1200 on 23/08/2023 - 11:23
      +7

      small claims would cost about $300

  • redfox1200 on 23/08/2023 - 11:24
    +7

    no need to really go to court, just send them a letter of demand with a date refund is required by, otherwise you will start court proceedings

  • JimB on 23/08/2023 - 11:30
    +2

    Did you report the damaged windscreen before the policy expired?

    • Bman17 on 23/08/2023 - 11:34
      +2

      windscreen got damaged at 10 pm (2 hours before), reported the next day in the morning when the policy got expired.

      • redfox1200 on 23/08/2023 - 11:38
        +2

        were you not planning on renewing the policy?

        • Bman17 on 23/08/2023 - 11:44

          No, I went with AAMI, as they increased my premiums by $500 this year. While AAMI was less then what I was paying to NRMA before when I compare apple to apple.

      • JimB on 23/08/2023 - 11:38
        +1

        Can you prove the damage occurred before the policy expired?

        Think about it from the insurer's view- could the damage occurred after the policy ended?

        You have now left them so aren't a customer anymore, why provide good service to someone who is no longer a client?

        Do you have windscreen cover with your new insurer?

        I would have paid the renewal and then cancel after it has been fixed.

        • Bman17 on 23/08/2023 - 11:48
          +3

          Yeah, understand the POV of some dodgy claims. Yes I can prove it too, but shouldn't they consider the long good history of me being with NRMA?
          I set the policy to cancel on the day a month before and set the new policy to start the next day.
          I can still go to new insurance provider and claim through them but I think it is not fair/right thing to do.

          • Typical16-bitEnjoyer on 23/08/2023 - 12:19
            +11

            @Bman17: Lmao, you're dealing with an insurance company. They don't give a proverbial about you.

            Going through the new insurance provider could be fraud, but you do you.

          • SBOB on 23/08/2023 - 13:37

            @Bman17:

            Yes I can prove it too, but shouldn't they consider the long good history of me being with NRMA?

            You didn't renew, your good history abruptly ended at midnight

          • 2esc on 24/08/2023 - 17:43

            @Bman17: Good long history with them means absolutely nothing if you've left them.

  • c64 on 23/08/2023 - 11:36
    +2

    fair trading handles the samsung type of problem. i wouldn't get worked up until it fails again and they refuse to fix the problem

    • JimB on 23/08/2023 - 11:41

      I think the fridge is faulty again.

    • Bman17 on 23/08/2023 - 11:42

      It is in a failed state as Samsung didn't fix it last time when they sent out the tech to confirm the fridge is faulty.

  • JimB on 23/08/2023 - 11:42
    +4

    My parents have a Samsung fridge with a similar issue.

    I fixed it myself pretty cheaply. Still working today.

    I no longer buy or recommend anyone buy any Samsung products.. just too unreliable for me.

    • John Kimble on 23/08/2023 - 11:46
      +2

      All Samsung products are unreliable? 🤔

      • JimB on 23/08/2023 - 11:54

        Nope. Just too unreliable for me based on my personal experience with their products. YMMV.

        Plenty of people will disagree with me and that's great they had a better experience than me.

        Going forward, I'll stick with Bosch, LG, Panasonic, Daikin, Mitsubishi, Apple (for appliances, TVs, air conds, phones). Years ago, every one of my electronic goods were Samsung, I don't have any Samsung products in my house anymore, except for a Samsung Galaxy phone with a half working screen and expanded battery. I never had a Samsung aircond, but reviews state they are pretty shit.

      • gakko on 23/08/2023 - 13:00
        +3

        Their whitegoods have a reputation for sucking, if you go by the whirlpool forums.

    • spackbace on 23/08/2023 - 12:05

      Had a Samsung fridge/freezer develop a fault as well. Ended up basically binning it and got a Hisense

  • JimmyF on 23/08/2023 - 11:47
    +2

    the same ice build-up issue occurred,

    Well know Samsung fridge fault. Google for some 'fixes'

    “Since it happened on the last day, the claim will go through the review process which will take 2-4 business days”.

    So what are they saying when you call them?

    It happened a few hours before my policy with NRMA got expired

    You didn't review with them?

    • Bman17 on 23/08/2023 - 11:54

      When I call them "Our claim review team is reviewing your claim, and I will put a note to follow up on your case"

  • apsilon on 23/08/2023 - 11:57
    +8

    Lodge the complaint with your state/territory fair trading department. They're the ones that handle individual complaints, not ACCC. I don't know where this ACCC obsession has come from. It used to be everyone knew to use fair trading for this sort of thing now everyone wants to complain to ACCC.

    Samsung you likely don't have a course of action other than fair trading and then small claims.

    NRMA, look up the Australian insurance code of practice. IIRC they're supposed to either approve or deny the claim within 10 business days but double check it for yourself then remind them of their obligation under the code as they're members.

  • try2bhelpful on 23/08/2023 - 12:50
    +6

    Small claims tribunal would be where to go.

    With the Insurance I would have a chat with these guys or the state Ombudsman.
    https://www.afca.org.au/make-a-complaint/insurance

    With Samsung I would send another email saying the next stop is the small claims tribunal and you want a full refund because there is, obviously, a design fault with the fridge.

    • Yapapi on 23/08/2023 - 13:20
      +1

      Yep, immediately thought go to AFCA re the insurance dispute.

    • Bman17 on 23/08/2023 - 14:14

      Thank you. Bookmarked.

  • brendanm on 23/08/2023 - 14:06
    +1

    Xcat for Samsung, insurance ombudsman for NRMA. Problem solvered Dougy.

  • hasher22 on 23/08/2023 - 15:04
    +1

    You got your answer but my 2c

    Looking at the timeline for NRMA, the ombudsman will help you

  • mousie on 23/08/2023 - 15:05
    +1

    For the insurance matter, you may have a better option to complain to AFCA and ask for consideration for the claim to be accepted.

    AFCA starts the clock ticking with insurance companies and financial services in general. Just quote the times of contact and their internal review process.

  • asCMSas on 24/08/2023 - 08:18

    mate, straight to NCAT

  • Bman17 on 29/08/2023 - 09:37
    +3

    if anyone is following this post, the update is:
    Samsung: Had a call from Fair Trading yesterday that they are going to forward the complaint details to Samsung. 1 hour later, Samsung called me and provided a full refund.
    NRMA: Complained to AFCA, NRMA reviewed and finalized the claim.

    Thanks everyone for the suggestions.

    • c64 on 29/08/2023 - 17:02

      lol, amazing what a little prodding will achieve

    • try2bhelpful on 29/08/2023 - 18:21

      Thanks fir the update. Glad it worked out for you. A lot of firms will try it in hoping you will give up.

    • mousie on 04/09/2023 - 13:17

      Great mate
      Afca for insurance

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