Hello.

Many thanks first of all for the option to join.

(I suspected there would be an active forum for those seeking some pointers with regard to consumer rights!!)

I did a little research before visiting Curry's today with my "complaint" but remain, for the present, in limbo:

In August 2016 we bought a De Longhi coffee machine (on-line) which developed a fault,

in that it was intermittently ditching the contents of the machine's reservoir of around 1.5 pints of water over our worktop. (not ideal when electrics are involved)

We took it back to our local Curry's (November) and it was returned to De Longhi for "repair."

On return,

all appeared OK but the same fault recurred (December) and returned it once again.

Having done so for a second time in 4 months,

I was aware that I was now entitled to a refund or exchange.

I stated that I wanted a replacement.

Unfortunately they no longer stock the same model,

(with the nearest match nearly twice the price)

and advised that I should return it to De Longhi personally.

I refused, and

initially, they declined even a refund.

I disputed this and they eventually relented.

However, I stated that I wanted a replacement as a refund would leave me disadvantaged at having to pay more.

Management become involved,

and between us we agreed that they could e-mail De Longhi asking if they would be prepared to replace it.

I anticipate that they will,

if not with the same model, with an equivalent.

Should they refuse, I would like to know my rights ahead of their reply..

. if anybody can advise?

(I imagine in this case that Curry's themselves would be obliged to offer an alternative, even if that were to be their closest match at their expense?)

Many thanks in anticipation.

outside of 30days from purchase

there is nothing which allows you to dictate what the retailer must do

they have the option to refund.repair.replace at their discretion.

dx

Thanks for the reply - BUT, according to Which, the Consumer Act of 2015 states (outside of the 30 day period) .....

"If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid or to reject the goods for a full refund"

...or... again according to Which ....

"If you don't want a refund and still want your product repaired or replaced, you have the right to request the retailer makes further attempts at a repair or replacement."

the key word here is 'request'

the initial issue here is the product first went wrong outside of 30 days.

the fact that the repair 'failed'

in effect has no real bearing

other than is might sway things to your advantage.

if you'll get betterment is another thing

you could offer to pay the difference to a newer model

or

indicate why cant the manu do a GOGW and cover that.

dx

Beyond the 30 day period, during which you have what is called – a short-term right to reject, if a fault develops in the first six months then there is an assumption that the defect existed at the time that you bought the item. During the six months, as has been explained to you, the seller has the right to attempt a repair. If that attempted repair fails then you are entitled to have a full refund. It seems to me from the legislation that you are not necessarily entitled to have a replacement if that means that you end up at greater financial benefit. I have to say this seems to me to be contrary to the normal principles of contract which are that you would normally be put into the position that you would have been if the contract had been successful – and that would mean that you should be given a replacement even if that was more expensive.

I think it probably needs looking into. Let us know what you find out

Just thought I'd give an update on my complaint, outlined above....

On return, Curry's maintained their stance in-store, refusing to give me a refund.

However, I stood my ground, and after an hour, when the manager (not that I believed her) was authorised by "the computer" to issue a refund. Regardless, I complained to Curry's as to how my complaint was handled.

I later received a telephone call from Curry's head Office Customer Services manager, who in turn had sought advice from their own litigation department.

It turns out that my complaint was, in the words of their litigation advisor "bang on." In the absence of their ability to offer a replacement, and the fact that it had previously been repaired entitled me without question, to a refund.

The management at the store were wrong in insisting that they could send it off for a second repair, or, as they did, offer a credit note.

My rejection of the product was absolutely correct.

The Customer Services manager at Head Office explained that this was not the way Curry's would normally deal with such complaints, and that I should have been dealt with within a few minutes.

Furthermore he issued additional compensation for my inconvenience, adding that the staff at the store would be "dealt with," though this understandably would be confidential.

And so, though they do have a right to replace (which was never disputed) If as they were, unable to do so they must in these circumstances issue a refund.

They DO NOT have the option to insist on a SECOND repair.

brilliant result.

this will help numerous posters in the future.

we indicated they had a choice

IMHO they made the right choice and it under lines what we have always thought.

local managers need retraining!!

well done.

dx

Many thanks for that.

And, to reinforce your own point:

When I took the machine back following the failed repair

I had printed out a section of advice from 'Which' outlining what I was entitled to, just a dozen lines or so,

both the guy at the "returns" counter, and later the manager refused point blank to read it.

"We have our OWN policy" the manager explained,

to which I said,

"So you are telling me that your policy trumps the law ?" ......

"We've seen it all before" she responded.

This for me was the "light the blue touch paper" moment.

As you rightly say, local managers need retraining, and judging from the response from Head Office she and her staff will I'm sure be getting it.

I was in argos the otherday.

collecting a parcel from an ebay purchase

at the next check-in was a lady with an xbox bundle she'd purchased for her grandson for many £100's at xmas

the thing had given up.

she didn't have her receipt and was told sorry we cant do anything without a receipt

even what I assume was some manager was called over he said the same thing.

it transpired she had paid by credit card and said she did not have that with her but could get her hubby to send a photo of it to her phone and was doing so.

this manager said, that wont do you need the receipt from us, it clearly says this in the sale of goods act.

well that's as far as he got, I had to say something and stated no it says proof of purchase.

guy had a terrible attitude and started the old its nothing to do with you

and you don't know anything about SOGA we've all been trained....

I stated well if you've been trained you'd know its now the consumer rights act and has been since 2015.

told her to do a section 75 she was dialling the card provider

when another manager appeared and said theres no need to do that we'll exchange now

we dont want external agencies getting involved it looks bad to head office.

one happy bunny was she.

glad you got sorted.

for anyone else arguing with a dixons group manager, they can remind them that at managers conferance 2015 they were ALL given a personal bonus of £1000 each to stop arguing with customers and do the right thing.

sales and support staff werent issued with any extra bonus, nor were lower level managers only general managers or 'store directors' as they are called in the huge stores.

what they are scared of is, chargebacks. unauthorised returns affect the profit and loss report of the store and their own bonus for the quarter.

but its now in place that anything that has had 1 repair can be returned and overridden on the system, using the term CRA faulty returns as long as details of said initial repair at included with the daily paperwork.

Many thanks for that insight Oliver....not like multinational companies putting profits before customer service:wink:

Andy