Called a liar by currys manager

[MJack]

hi..

had to share this...

bought a tom tom in aug 07....6 wks later and on the only 2nd time out of its box the arm that the sat nav sits in which sticks to the window seem to crumble and the ball and socket joint cracked and the item fell onto my dash...I took it into the store ,was first told that nothing could be done as tom tom would say I did it out of neglect....this guy wasnt the manager so without argueing with a skinny spotty asisstant I went into store next day...long story short...manager sent it away and said after 7 days they will assess the damage and send me one back....3 weeks later nothing.....so went in and stated that I would like a new one as the original wasnt of merchantable quality therefore sga act states that they have to replace immediatly..eventually after putting up with verbal bull from manager and everyone other lower forms of life called staff butting in the manager said nothing short of calling me a liar and the damage was done by me and not due to faulty goods...as you can imagine was pretty mad...left the shop and rang cust service asked to speak to litigation dept wasnt allowed and was told the prob has been dealt with and thats it....a witness followed me out of the shop and stated that the way manager spoke to me was outrageous and if i needed a statement he would provide one...what can I do a about faulty good and managers attitude..

please help...

[ForestChav]

SOGA entitles you to a repair or replacement if the fault was there when the item was purchased.

If the item is less than six months old it is assumed to be faulty when purchased and down to the retailer to prove it is not (this is easy if it's been dropped, for example).

If it is more than this it is down to the buyer to prove the fault was there when purchased - normally in the form of a qualified engineer's report.

Taking a look at this, then there is no automatic right to anything - if Currys want to inspect the unit or send it back to the mfr, to decide the nature of the fault, they are entitled to do so if they are contesting the machine was faulty from the outset. For example, if they think the unit has been neglected, they need to prove this.

Maybe the bracket wasn't set up correctly. If you are sure it was faulty and Currys are contesting this you might need to obtain your own reports etc and take them to court. (They will probably then settle out of court as a goodwill gesture or something.)

[Conniff]

I use a Tom Tom and the bracket would take some hell of abusing to break.

You haven't had a reply back from the company yet so you will need that before you can take any action, but you can insist on a resonable time for the report / new arm to be furnished.