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Fighting with Currys. HDTV with inherent fault


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Hi there,

 

First post. I'm currently fighting Currys and I'm after advice/support from wherever I can find it!

 

1)Bought a Logik HDTV in november.

 

2)Developed a fault recently, which I believe is an inherent one. (There at time of purchase.)

 

3)Rang them, they sent an engineer who BROKE the TV completely.

 

4)Went to Doncaster Branch of Currys and the manager said she didn't have to give a refund to me by law its a "goodwill gesture" and that I'd have to wait 28 days to "negoiate" the terms of the refund.

 

5)Rang head office to complain they basically ignored me.

 

6)Just wrote a letter to their customer services tonight and will await response.

 

If they ignore the letter its small claims court I reckon.

 

Anyone wish to give me some advice...? What to do next etc etc.

Its the first time I've actually had to fight for a refund from a big company and all the staff at Currys have just been very patronising to me (I'm assuming its because I'm 19.)

 

Any info would be greatly appreciated.

 

Regards,

 

Andy

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What's the fault?

 

By law you're only entitled to a replacement or refund, depending on the relative costs. If it's cheap to repair then only a repair is available.

 

Initially there is no automatic right to a refund.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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Orginally the fault was that the picture intermettently went black for a few seconds. The engineer slipped a screwdriver through the main board, therefore now the TV would go BANG if connected to mains electric.

 

I was under the impression under the sale of goods act 1979 if you purchase a product with an inherent fault this means the item doesn't "conform to contract" therefore you can request a refund in "reasonable time" depending on the item. (ie. if its a perishable good etc)

I'd of thought a TV has a life of more than 5 months. Thats why I'm persuing a refund; on top of the fact that I had a working TV with a fault untill the Tech Guy came and now I have no TV at all.

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Normally 28 days is the accepted "reasonable time" to rescind without penalty.

 

After that, it is the discretion of the retailer, and the nature of the goods, to decide what to do, usually for high value items like TVs it's repair, replace, refund in that order. The remedy has to be reasonable too, and not disproportionate to the value of the goods, or the cost of the other remedies. I suspect you have misinterpreted what SOGA (2002) actually says.

 

Inherent fault = not conforming to contract at purchase. Though in such cases you are only entitled to have the retailer resolve it, they CAN do this with a repair. A TV does have a shelf life of longer than that, no-one is disputing that - but in all cases it points to the same remedy list.

 

Either way they need to get a techguy out to fix the original fault (and the one they caused, which is their responsibility) or replace the item. Though replacing a mainboard might cost about the same as replacing the unit. How much was it?

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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The more I think about it the most puzzled I am with Currys logic regarding this matter.

Even if I ignore the fact I bought the TV with a fault; their engineer broke it beyond repair!

Its like if I walk into Currys tomorrow pick out a nice 50" Plasma and put my left boot through the screen. Then when all the staff run over to see what the fuss is about my response is "Mmmm... Well i'll have 28 days now to think about paying for that." Then calmly walk out.

Absolute madness.

Went to the CAB in Doncaster and the old timer there reckoned I shouldn't take any of their stalling tactics and just write a firm letter. Which I've done. I don't really want to go to small claims court though, I reckon it'd be too time consuming....

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I totally agree with you, tbh, they should at least make good the damage their engineer caused. I do think that would be best approached by replacing the unit.

 

However, I don't think you're justified asking for a refund.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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Any refund would probably be less an amount for use you have had out of it, but that is only done if a repair or replacement is not possible or too costly. A full refund is only available if you reject the goods soon after purchase (there is unfortunately no hard or fast rule as to this time) because of a fault. As to a remedy being a "goodwill gesture", I would say "How about you get this sorted so I don't take you to court, as a gesture of goodwill, for beaching my rights".

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