Expired warrant on Currys TV "just"

[JHGlover]

My Logic LCD 32" TV has just decided to pack up, it was bought on the 30Th May 2008, i went to Currys to see where i stood as i did not have my receipt or anyway of finding how i paid for this item, however they had it on their computer, and printed off the details and gave them to me, however i was informed that as the warrant had ran out, there was nothing they could do, even though it has only been approx 6 weeks out, i asked then if it was reasonable to expect the TV to last longer than a year, and under the Sale of goods act, i would be within my rights to complain, i was advised to get an independent inspection done on the TV and then get back to Currys, i was also advised by Currys to contact their Helpline, there stance was the warrantys ran out nothing doing, the onus seems to have been put on me to prove that there is a fault with the TV, however i will be returning to the shop to chance my arm with relation to the Sale of goods act and know the EC directive Supply of goods to Consumers Regulation 2002 (SI 2002/3045) to see how far i get, perhaps i may be lucky as the Tesco man who knows, but i will be back down the store tomorrow, however if anyone else has any advice please post, thanks

[cerberusalert]

Believe it or not an item such as this is expected to last a lot longer than one or two years in fact it's nearer six. You should complain to the Trading Standards via Consumer Direct Consumer Direct - Contact us

 

See also http://www.djmurphy.demon.co.uk/dixons.htm

Edited July 18, 2009 by cerberusalert

[ForestChav]

What they have said is consistent with the SOGA. As the item is outside 6 months old you have to prove the fault.

[MARTIN3030]

Welcome to the site.Seems that you have had some good advice already but will move your thread.

[Kraken1]

should be able to get something, providing that the problem is due to a manufacturing fault or similar; but you'll have a helluva fight, at least HO and probably court.

 

You will have to prove the fault though.

 

No point dealing with the store.

[dx100uk]

your issue is with the point of sale.

 

you will need to have an independent report done on the fault as advised.

i would be inclined to ask in the store tomorrow who they would recommend to do this.then follow the advice given by them once you have this.

 

you might find it useful to do a bit of research on the net about that model and see if others have suffered the same.

you might even be lucky in finding it is a recognised manu fault, if that is the case, then you are entitled to a new equiv tv. under soga 'unfit for purpose'

even if this is notthe case, at the end of the day, you should have a repaired tv & be refunded for the inspection fee.

 

as already pointed out, it matters not that it is outside of warranty. it should last a resonable amount of time for such a device,

 

dx

[dpick]

Hi have a look at these links ref EU mandatory 2 year warranty.

 

Directive 1999/44/EC, May 1999 from the European Parliament stipulates that by 1st January 2002 all member states must have alt

 

Warranty Week, Warranty Laws, 2 August 2005

 

I have not had the need to try this in shop but think it may be worth mentioning. I read about this in a news paper report some weeks ago.

 

dpick

[Kraken1]

there is no mandatory two year warranty - when the directive refers to a 'warranty' it is actually referring to a limitation period. In the UK we already have a six year period.

 

The second link also seems to refer to the US.

[dpick]

 

The second link also seems to refer to the US.

 

Forth para on link

 

There are two other types of warranties that need to be mentioned in brief. One is the statutory warranty, which is usually an express warranty of a certain duration as required by law. For instance, the European Union under the authority of Directive 1999/44/EC now mandates that all consumer products sold as new be covered by two-year warranties (or what they call guarantees of conformity). Such a law does not prohibit three-year express warranties, but it would prohibit one-year warranties. Or more precisely, within the 25 EU nations all express warranties with durations under two years would automatically be extended to equal the statutory EU minimum. Used products sold by professionals must be covered by statutory one-year warranties, but products sold at public auction need not be covered at all. Dr. Ekkehard Helmig wrote about this in detail in a June 29, 2004 Warranty Week article.

 

 

dpick

Edited July 19, 2009 by dpick

[dpick]

Have just found the article that started me on this.

 

Retailers keep secret EU law that gives consumers a TWO-year guarantee on goods | Mail Online

 

dpick

[Kraken1]

From the article -

 

EU law creates a minimum period of two years in which a faulty product can be returned, and in England and Wales the figure is six years.

 

Trust me, there is no such thing as a two year european warranty. It was a minimum harmonisation directive and this allowed the UK to keep the longer period, unlike the unfair commercial practices directive (transposed by the consumer protection from unfair trading regs) which stated that the rights given were the maximum allowed in a member state.

 

The law that implemented 1999/44 was the sale and supply of goods to consumers regulations 2002. Note the absence of the warranty provisions; these were not necessary due to the LA 1980. The vast majority of these simply amended the SOGA and SGSA with s15 being the only stand alone section which concerned guarantees being contracts in their own right.

[JHGlover]

Didnt get to Currys today, but will be there first thing in the morning, funny enough my cooker packed up yeterday as well, so we went of to buy a replacement, bought from Comet, whilst there asked him about the warranty issue with Currys. and what he would do, basically his answer was, As with all stores they have to honour the EU 2 year garauntee, however they wont, the only way i will win is if i take Currys to court, however Curry's just think they can fob you off and that will be the end of it, and with the majority people that is usually the case as they cant be bothered to chase, when i asked the shop assistant what he does, he replied "I buy the extended warranty" this is the shop assistant, so anyway i will be visiting Currys tomorrow morning with the TV and asking them for a repair or replacement, to at least give them the oppotunity to resolve the issue, if not, i am determined to take them to the small claims court, watch this space.

[dx100uk]

then you will be wasting your time carrying it out and back.

follow as in my last post

the eng will visit you,

so will the courier to pick it up.

 

dx

[Kraken1]

As with all stores they have to honour the EU 2 year guarantee

 

No they don't because it doesn't exist.

 

They do have to abide by the SOGA though. This might be handy to give them:

 

http://www.berr.gov.uk/files/file25486.pdf

[JHGlover]

well i went to currys today, the store were very helpful, and one of the assistants even stated that if it was up to her then she would replace it, however to the nitty gritty, i spoke to the manager and advised regards to the repair or replacement, regards to the EU, the above post however knowledgable is incorrect as i have done alot or research on this issue, i had a long conversation with the manager of the store who then said they would take the TV in and have it inspected and or repaired, who promtly dissapeared afetr delegating to an assistant, so when the assistant spoke to the Curry's tech guy they said the total opposite that the wouldnt even inspect it yet repair it, so that was that, they couldnt repair so the next step was replace, however the assistant and the duty manager this time spoke to their head office, and i then had a conversation with their customer service guy, basically they havnt got a clue regards to the law, because if they did they would no i had done my research on this subject. so i was advised to again get it inspected, however i then asked if the TV was faulty within the 1 yr manufaturers garauntee would we be here disusing the issue to which he replied no, so with regards to the EU law that states that consumer items have a 2 year garauntee then tehere should be no issue, but i think that the shop assistants and even the managers and it would also see so do the customer service team havnt a clue, so to cut a long story short i have advised that i will be taking Curry's to the small claims court, i will be doing this for my own piece of mind and for the experience, but i will keep this post updated at every turn.

[Kraken1]

Take them to the small claims court, but please do not argue that there is a two year european warranty, because there really really isn't - it is a translation problem from the directive. At the very least look at the regs that transposed the directive into UK law - the sale and supply of goods to consumers regulations 2008. Or look at the BERR document linked to, or the Sale of goods act. It flat doesn't exist. the equivalent in UK law is SIX years.

 

Or call consumer direct.

 

Or ask Gyzmo.

 

Or Buzby.

 

Or Bankfodder.

 

Please just ask someone....

 

You need to argue that the goods are not of satisfactory quality and not reasonably durable - a tv should be expected to last more than 14 months and therefore you are claiming the rights laid out in s48 (i think) of the soga - repair, replace or a partial refund. A partial refund should be in the region of at least 75% of the purchase price I would have thought.

[BSC]

..

Edited January 29, 2010 by BSC
..

[JHGlover]

So if there is no EU Law, why did Tesco's cave in, and why all the publicity, including writings in papers, like the Daily Mail & the Guardian.

Edited July 21, 2009 by JHGlover

[BSC]

..

Edited January 29, 2010 by BSC
..

[Kraken1]

Because the equivalent in the UK IS SIX YEARS, subject to the likes of the Sale of Goods Act etc.

 

When the EU talk about a warranty in English law they are talking about a limitation period to bring claims. The actual phrasing used in the directive is;

 

1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

 

 

Notice the express reference to limitation periods and lack of the use of the term 'guarantee'.

 

This is not a guarantee, it is the time period you have in which to bring a claim based on a lack of conformity, or in English, a breach of your statutory rights.

 

Why the publicity? Because the media is SO reliable when it comes to printing facts.

[JHGlover]

TV has now gone into an independant TV repairers to get an evaluation on the fault.

[dx100uk]

well done

was this under inst from curries?

 

dx

[JHGlover]

Curry's basically said they arnt going to do anythin until i prove there is a fault, and exactly what the fault is.

[dx100uk]

yep good thats what i'd expect.

ok well they should now repair & refund the fee

unless they ID that the fault is a known manu fault, in which case it will be a replacement that they will claim off the makers.

 

i hope they play ball

 

dx