Currys - Scratched 40" TV

[carna]

I have just joined the Forum - some interesting points re: Sale of Goods and the statutory rights of a buyer. But how can I enforce thjese rights? I complained immediately [and politely] and I have tried to obtain assistance from the credit card company who extended me the £700 credit to buy the TV however the Manager of the Curry's store is all powerful and refusing to accept that the TV could have been damaged when I bought it. She said she could form this absolute judgement because she had an MBA in Business Management and many many years experience in Quality Management Systems such as Six Sigma.............It's now almost 4 weeks on and I continually write/phone the Credit Card company - they say they are waiting on response from Curry's. Meanwhile Curry's have the TV and my £700 - any ideas or is it straight to Small Claims?

[carna]

I bought a 40" LCD TV in store from Currys 24th May. Took it home and opened the box to find a score on the screen and on the side. Took it back to the store and the Manager told me I can't get a refund or exchange because she thinks I damaged it myself. In fact she thinks I damaged it with the buckle of a belt! She says she is qualified to make this judgement because she has an MBA in Business Managament and several years experience of Quality Management Systems and is 100% confident of her assessment. I've contacted the Credit Card company and they have been 'considering' their position for 4 weeks. Meanwhile Curry's have my money and their damaged TV. Any suggestions? I quoted the Sale of Goods Act to a Curry's Reprepsentative and was told to stop because she did not understand legal terms and could therefore not listen to or record my comment.

[gyzmo]

Well it is down to them to prove what they say. simlpy saying "I have this and that" does not constitute proof. And having done Quality management as part of my degree, I fail to see where, if anywhere, holding a masters in this field qulifies or enables someone to make such a judgement without carrying out any tests that, erm.... someone in QM should carry out before making such a statement!

It sounds as though the credit card company is stalling. I would write to currys (and CC the credit card co as well) requesting a response within 14 days. Also report this to consumer direct, as the managers statement, frankly, would make me laugh if money weren't invovled.

And do please keep us updated

[majik]

I would say a letter to curry's known as a letter before action (LBA) there are loads on here in the templates etc giving them 14 days to either refund your money or fix the original tv or supply you with a new one.

[Bookworm]

Moved to correct forum & threads merged.

When did you notice the scratch? Where is it? How soon did you notice it? And how come they have the TV and your money?

Too little info, can you please give us a rundown of the series of events and we'll see how best to assist you from there. Thanks.

[Bookworm]

Ok, ignore my previous post, now I have found your 2nd thread, it makes more sense.

You need to write to Curry's and tell them you want to put their position in writing, ie the manager's assertion that you damaged the TV yourself and are now attempting to defraud the company by claiming that it was damaged when you got it. You also need to tell them that you want the manager to confirm in writing what she said to you on the phone, that is that her qualifications allow her to say with certainty that it was your belt buckle which caused the damage to the TV. You also want the company to confirm that this is their absolute position, and that this is what they'll be relying on in court to discharge the reverse burden of proof duty, and ask them to confirm all of the above within 14 days. Furthermore, since you want to be able to get your own expert report, ask them to return the TV to you within 14 days as well.

This could be fun.

[carna]

Sorry about getting my first post wrong. This is an excellent site and your comments will spur me on to face the mighty Curry's with confidence. I will keep you posted...........

[gyzmo]

With he word "mighty", i would replace the first letter with the letters S and H and you would, IMHO, be a lot more closer to the truth!

[edinburghbeerbucket]

This is very easy:

If you're within 6 months of purchase, the onus is on *them* to prove that the defect did not occur due to defective parts or manufacturing processes.

Write them a letter saying that you plan to take them to court over the matter, and asking how they plan to prove the above, and then suggest a replacement or refund - which you will obviously get.

[gyzmo]

That's already been established - its just that curry's ida of proof is far removed from reality.....

[BankFodder]

You are dealing with DSG group. A very poor reputation in these kinds of matter.

The onus will be upon you as complainant to prove that the scratch was there when the set arrived. This will be tricky and to an extent it is their word against yours.

Have you looked at the scratch closely - meaning through a very strong magnifying glass to see if it has any features which might identify it or show its age.

I wonder how easy it is to put a scratch like that onto one of these screens. What is the screen made of? How deep is the scratch, How wide is it? Clean edge? Ragged edge? Does the trough of the scratch come to an apex or is it flat? Is it evenly wide and deep all along its length? Where on the TV doe it start and where does it stop? Is it just on the scren or are there marks on the plastic? Any other signs of damage - howsoever slight anywhere else on the set?
How was it boxed? Does it have to be lifted out within its polystyrene protectors. Is the polystyrene simply at the ends or was the set fully encased.
Frankly, have you got any photos of it all and any macro shots of the damage?

[gyzmo]

Originally Posted by BankFodder

The onus will be upon you as complainant to prove that the scratch was there when the set arrived. This will be tricky and to an extent it is their word against yours.

SoGA part 5A states that the burden of proof is on the seller within the first six months of purchase. What the strangely qualified store manager said, in my mind, does not constitute proof - merely an ill-formed opinion. Of course, if the seller provides evidence, than it is for the buyer to provide a counter argument. But I agree, it would probably be tricky.