Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi
My younger brother purchased the LG7000 from Currys on Boxing day, on Monday 26th January it died on him. He reported this the following day and was told that they knew what the problem was but didnt have the parts and would contact him when they were in stock. Hes not heard anything from them so decided to go into the store on Saturday, they said they would look into it and that if by Monday they had not been able to get any info he would be able to to take a display tv of the same specs to use until the problem was sorted out. Monday came and no help what so ever! he was told he could not take a display tv as they had not had clearance for him to do so but he should beable to have one Tuesday (today), Surprise, surprise after going into the shop again today he was told he still couldnt have a tv!
He is totally at a loss at what he can do as he has a tv that doesnt work and cant get anywhere with the people who sold it to him. Can anybody advise what legal route he could take?
Many thanks
Ian
Get them under the sale of goods act - if a product is faulty they have to repair or replace - and especially as the product is under 6 months old the store has to prove that it is not faulty - which obviously they can't.
If I were you or your brother I would take the faulty item in tomorrow and demand to speak to the manager and print off the details about the sale of goods act (although believe me any manger from currys will know it cos they'll here it all the time!) and say you either want a new one there and then to take out the store or your money back to go to a competitor to buy a new one. You could also ring consumer direct before you go and get them to give you a case number and tell Curry's you have opened a case with Consumer Direct and give them the number - pretty much guarentee that'll get stuff moving
Subject: Sale of Goods Act, Faulty Goods. Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002. Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• 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).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
You'll also note that your reciept wallet and most of the store has the stores returns policy plastered all over it. This states that you have 28 days within which to return a product either faulty or unopened for a full refund. Anything else goes off for a repair unless it's a small item under £150 in value. Which is perfectly within the SOGA, as they have the right to repair, refund or replace within a reasonable timeframe, which you could argue in court but at this early stage thats jumping the gun a little.
Although if after 28 days from the date the fault was reported they still haven't fixed your TV you can go into store or ring them up and request that they replace your TV or send you vouchers for a replacement.
Quoting SOGA at such an early stage is going to do nothing but get the staff's backs up.
If I were you, I'd wait it out, they have 28 days to get the parts and get the TV fixed, if they haven't sorted it by then get them to issue vouchers for an equivelant specification TV and get a new set.
And as for the replacement set, a manager has to authorise any stock leaving the branch on loan, you should consider yourself lucky they even offered most stores don't do this as a rule, I know for sure the ones in my area wouldn't.
I work for DSGi plc
(aka currys, pcworld, dixons)
Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
So please seek advice from a professional if in any doubt.
Faulty LG7000 from currys
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