I recently brought a samsung 55" tv from Currys (Perry Barr, Birmingham UK),

I did not open the box as i wanted to purchase all the other components such as stand, speakers etc.

I opened the new TV after 30 days later to my utter surprise to find the screened was damaged/faulty.

I took the TV back to the store and

was first told by the manager there was nothing Currys could do about it since the 21 days has elapsed.

I was not happy about it

after 2nd visit , now

they say they need to speak to the legal team before they can give me answer as to what can be done.

I am still waiting!...

. what is my legal position

where, and what can currys do to resolve this,

all your suggestions and answers is much appreciated.

the bottom line ofcourse is it must be exchanged or refunded.

how did you pay

it might shorted your time without a TV

by simply using chargeback

or

section 75.

if I were to be honest, curry's know full well it should be exchanged on the spot.

but few, even so called managers actually know any consumer rights

as for the 'must contact our legal team'

that's 'bowlarks' too.

dx

Hi alim1129

Welcome to CAG

How did you pay?

Was someone there when you opened the box? (just as a matter of interest)

thanks for your reply.

I paid using finance plan (buy now and pay within 6 months).

and yes, you are right about managers knowing the basic laws regarding consumer rights..

We waited until the Sunday 13th (world cup final) to open the box and view the final on our new TV, my family (brothers/mum) present.

the bottom line ofcourse is it must be exchanged or refunded.

 

how did you pay

it might shorted your time without a TV

by simply using chargeback

or

section 75.

 

if I were to be honest, curry's know full well it should be exchanged on the spot.

 

but few, even so called managers actually know any consumer rights

 

as for the 'must contact our legal team'

 

that's 'bowlarks' too.

 

dx

what does 'simply using chargeback

or

section 75' mean? excuse my lack of knowledge...

ok so its by finance

the finance company are equally responsible as the agreement is regulated by the consumer credit act.

pers i'd be firing an email off to the CEO of curry's

and CC that to the finance company.

dx

In fairness to Currys, 30 days is a very long time to wait before opening the box and checking over an expensive purchase such as a TV, so I can understand why they're being cautious here. They haven't (yet) refused to do anything if they're checking with the legal team, but when you're 30 days after the purchase date and only then come back with a TV that was broken in the box then you have to admit that you'd be very suspicious of it having been damaged after removal.

Hi alim

Send the following template amended (scroll down), send it Recorded Delivery.

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

In fairness to Currys, 30 days is a very long time to wait before opening the box and checking over an expensive purchase such as a TV, so I can understand why they're being cautious here. They haven't (yet) refused to do anything if they're checking with the legal team, but when you're 30 days after the purchase date and only then come back with a TV that was broken in the box then you have to admit that you'd be very suspicious of it having been damaged after removal.

Valid point - in hindsight i would have checked. i had no doubt that there would be faulty with a product i brought from a reputeble company, if it was from a online retailer or ebay maybe i would have done so ASAP.

Since my last samsung tv purchased from Currys was still working, i wanted to get all the accessories before i placed the new one in.

Thank you

In fairness to Currys, 30 days is a very long time to wait before opening the box and checking over an expensive purchase such as a TV, so I can understand why they're being cautious here. They haven't (yet) refused to do anything if they're checking with the legal team, but when you're 30 days after the purchase date and only then come back with a TV that was broken in the box then you have to admit that you'd be very suspicious of it having been damaged after removal.

I'm with you Maxx, I don't believe a word of this but that is just my opinion and I'm not here to judge.

That little fact aside, I would be contacting Currys, in writing then the finance company to get a replacement.

It is very possible and sometimes people don't open products straight away to check, the internet is lettered with such examples.

I'm with you Maxx, I don't believe a word of this but that is just my opinion and I'm not here to judge.

 

That little fact aside, I would be contacting Currys, in writing then the finance company to get a replacement.

What stops me buying a TV, smashing it after 30 days, then complaining back to Currys that it was damaged when I got it? Can't we all do that?

What stops me buying a TV, smashing it after 30 days, then complaining back to Currys that it was damaged when I got it? Can't we all do that?

That's up to the retailer to prove it was damaged by the customer, not the other way round... this is why we have Laws that protect the vulnerable consumers.

challenging on grounds of principle is paramount to civil society

Why would you want to do that? What benefit is there for alim1129 in damaging the TV?, when all he wants is a TV free of faults, I don't think you have any proof that it's alim1129 fault at all. Also you just need to see how Curry's empolyees handle stock, it isn't great.

What stops me buying a TV, smashing it after 30 days, then complaining back to Currys that it was damaged when I got it? Can't we all do that?

Why would you want to do that? What benefit is there for alim1129 in damaging the TV?, when all he wants is a TV free of faults, I don't think you have any proof that it's alim1129 fault at all. Also you just need to see how Curry's empolyees handle stock, it isn't great.

I didn't say that alim1129 broke the TV. I didn't say anything to do with them at all.

I've had my own share of problems with Currys.

I was just curious about what the ACT does to protect the retailer. My understanding was that you should inspect the goods within the 30 days to make sure they are of good quality. Just find it odd that anyone could accidentally damage a £5000 TV months later and if they wanted to, and blame it on the retailer. I know of people that would do things like this.

...anyone could accidentally damage a £5000 TV months later and if they wanted to, and blame it on the retailer...

Modern TV's are mini computers and can be checked by a service tech person to see if they have ever been switched on, if they have searched for freeview channels from a transmitter/satellite, a lot have internet connectivity and will 'phone home' with their serial no to check for updates, etc.

There are lots of ways to check if a TV has been used. If it hasn't been used chances are it was already broken. Not 100%, but a high probability.

Modern TV's are mini computers and can be checked by a service tech person to see if they have ever been switched on, if they have searched for freeview channels from a transmitter/satellite, a lot have internet connectivity and will 'phone home' with their serial no to check for updates, etc.

 

There are lots of ways to check if a TV has been used. If it hasn't been used chances are it was already broken. Not 100%, but a high probability.

But in most cases wouldn't they replace / refund there and then? Or do they send away to be inspected first?

It depends which side of the bed the store manager got out of that day.

They could replace/refund now then bill you later if they find out you have lied.

But they will more than likely want to send it away for testing first, that way they have your money and aren't losing out.

box or polystyrene damaged?

Yesterday I bought an xbox 360 battery pack that after taking it home, was obviously a previous return, packaging internally was damaged, and marks all over the packs. One doesn't charge.