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Options under Sale of Goods Act regarding PCW

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My wife purchased a Logik TV from PCW 31/08/2016 for £79-99.

Yesterday 13/01/2017 there was a "pop" and the TV no longer switched on

- browsing the internet I find it is a common fault with Logik TV for the power supply or motherboard to fail in this way.

 

Visitng PCW in Coventry I was told I HAD to allow them to repair the TV and COULD NOT ask for a refund on the grounds the TV was "not fit for purpose".

 

Their policy is that they MUST attempt a repair

. Is this true that under the SOGA I HAVE to allow them to try a repair before I am allowed a refund.

 

I remember once reading that after you had allowed a repair you were no longer allowed to ask for a refund.

 

Can anybody enlighten me as to what action I am allowed and whether I HAVE to allow PCW to repair a TV I have now lost all confidence in.

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Because you bought the TV after October 2015, the applicable law is the Consumer Rights Act 2015. It doesn't really make a world of difference to your rights in this particular case. The TV has to be of satisfactory quality and must last that way for a reasonable period of time. However, the Consumer Rights Act does provide that if a fault occurs within six months of the date of purchase, then firstly it is assumed to have existed when the item was sold – but secondly, the seller must be given an opportunity to repair. You only have to give them a single opportunity and if the repair is not possible or if the repair fails, then they are obliged to refund you or to replace – less a deduction for the use that you have had from it.

 

Therefore, PCW is entitled to attempt to repair it. This has to be carried out within a reasonable period of time. If they are unable to affect the repair then they will have to replace it or refund you less a margin for the use you have had – about five months which I would expect could reasonably be said to the equivalent to about 10% of the expected life of the TV of this type and price.

 

Return the TV to them for repair. Tell them that you want the repair to be carried out and the TV to be repaired within a reasonable period of time and that you consider that 14 days is more than adequate.

 

Tell them that if they are unable to affect the repair within this time then you will treat the repair as a failure and that under the CRA 2015, your then entitled to a refund or replacement – at your option.

 

Don't expect this to be straightforward. PCW are not very renowned for respecting people's rights. Furthermore, I expect that they will end up taking a lot longer over the repair and I can imagine that it could go to 6 weeks or more. I consider that this kind of timescale would be unacceptable – but it will be up to you to decide what action you want to take


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Because you bought the TV after October 2015, the applicable law is the Consumer Rights Act 2015. It doesn't really make a world of difference to your rights in this particular case. The TV has to be of satisfactory quality and must last that way for a reasonable period of time. However, the Consumer Rights Act does provide that if a fault occurs within six months of the date of purchase, then firstly it is assumed to have existed when the item was sold – but secondly, the seller must be given an opportunity to repair. You only have to give them a single opportunity and if the repair is not possible or if the repair fails, then they are obliged to refund you or to replace – less a deduction for the use that you have had from it.

 

I have looked on the Which? website and their interpretation of the Act is that the choice between repair OR replacement is the customers. Is this in fact true?

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No. So far as I know, that is not correct. The seller has an option to attempt a repair within the first six months. Once that repair fails, then the options go to the customer who can agree to another attempt to repair a refund or a replacement.


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A not so happy follow up!

 

Took the TV into the PCW store today and agreed that the CPA 2015 applied

. Asked why I couldn't have a replacement and was told it wasn't their policy.

 

Handed over the TV in the ORIGINAL packing and said they could repair it,

BUT THEN I was presented with two pieces of paper to sign agreeing to THEIR service terms with conditions like "We are not responsible for claim or losses resulting from the non-availablility of product"

I said I didn't want to sign this and was told "then we won't repair it!"

 

Are PCW allowed to attach their own conditions to the PCA?

The repair was THEIR responsibility and I shouldn't be expected to sign away any of MY rights to obtain satisfaction under the act.

 

I did sign BUT added the footnote that I had been forced to sign to obtain my right under the Act.

 

The TV was then taken out of it's packing and I was given "my box" back so not sure how it will progress on it's journey.

 

I welcome any observations or comments.:mad2:

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Firstly, I don't think you've "signed anything away".

I should hope that by law you are not even allowed to sign your rights away.

The fact you've added a footnote to say "you were forced to sign" is also in your favour.

 

As for removing the TV from it's box,

it will be sent away in something called a "tellytainer" which is far more safe and secure than the original packaging.

It will be bubble wrapped and secured.

 

If you REALLY don't want a repair and want a replacement then maybe request (not demand) to speak to a manager.

 

Appeal to their common sense and put your case calmly.

All Dixons managers have been briefed to "Say Yes More"

. So, as a customer use this to your advantage.

 

Let them know exactly what you want and give them the opportunity to make it happen

. Logik is own brand and easily "sent back as faulty".

 

Speak to store staff as you would like to be spoken to and I'm sure you will get what you want. Best of luck. Let me know how you get on.

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the 'say yes more' is indeed correct and still operating, also, the previous year, all dixons managers were given £1000 personal bonus each, to communicate to their staff that they shouldnt argue with customers, just do whats right.

 

unfortunately the £1000 wasnt shared with their team....just pocketed and the staff told not to argue with customers.

welcome to how dixons is run

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