problems with Currys 42" TV - any advice?

[natsmanc]

HI

 

My aunty bought a TV from Curry's for 1300.00 in September 05 and started having problems with it in October 06 (1 month out of warranty)! The picture went off but the sound is still there.

She has complained in writing to LG (2 weeks ago)- the manufacturer of the TV, and has also complained to Curry's.

 

Curry's are being very unhelpful because the TV is 1 month out of Warranty and are refusing to help, and she is yet to recieve a reply from LG. She has tried to progress her complaint with LG several times by telephone, only to find them very unhelpful.

 

Does anybody have any suggestions please?

 

Thanks in advance

 

Natalie

[Bookworm]

Yes, plenty.

 

1) Dont bother with LG, your contract is with Curry's (I know it's your aunt's but it's faste to type it this way ;-)).

 

2) Write to Curry's stating that it is their duty under SOGA (Sales of Goods Act 1979 (as amended) to give it its full name) to sell goods of satisfactory quality, and there's is no way that a 1.3 k TV can be seen as being of satisfactory quality or fit for its purpose if it fails after 13 months. You are therefore giving them 7 days to contact you with their proposal as regarding repairing or replacing the faulty goods.

 

Don't bother wrapping it nice, you want to show them straight away they can't get away with messing with you.

[natsmanc]

Thanks Bookworm

[razorc]

i too had plamsa out of warranty couple of months , but by law they have to honour it for 6 years if it is manufactors fault

 

speak to them again , they tell you to get mastercare a think out to check it then send them the engineers report and they should cough up

[rosiecotton]

What Bookworm said.

 

Also, how did she pay for the TV? If she used a credit card or finance arranged by Currys, she will have additional rights against the finance company under Section 75 of the Consumer Credit Act 1974 (CCA). This Act makes finance companies equally liable (just as responsible for faulty goods as the trader) if the goods cost over £100.

 

It's always best to go straight to the trader to get it sorted out, but I'd also recommend copying any letters to the finance company (if appropriate) with a covering letter explaining that you are attempting to obtain redress from the trader but that if you get no joy you will be holding them equally liable under Section 75 of the CCA and pursuing them for compensation for the cost of a repair or like-for-like replacement.

 

Sometimes credit companies will assist you in pursuing your case against the trader, as they don't want to have to pay up themselves!

 

Main thing to remember: don't let Currys fob you off, your rights under the Sale of Goods Act can last for up to 6 years and there is absolutely no way you would expect a TV of that value to go wrong so soon.

[blitz]

i too had plamsa out of warranty couple of months , but by law they have to honour it for 6 years if it is manufactors fault

 

speak to them again , they tell you to get mastercare a think out to check it then send them the engineers report and they should cough up

 

Just to clarify you have 6 years to goto court with a case from purchase, a product doesnt need to last this long. (Had a few ppl get the 2 mixed up).

 

There shouldn't be any need for the cc company to get involved, currys should sort it out, they should get some managment on some consumer law courses otherwise.

[natsmanc]

Hi

 

The credit card company won't pay up because the TV was working when she got him home! I didn't realise that you were only insured against it being faulty when you actually buy it.

I've asked my aunty to write a final letter stating that if they do no act then she will take currys to court.

[Bookworm]

Quite right. Keep us posted. Makes sure she mentions SOGA.

[powelll]

You may also find the following site useful if you do need to take things any further: Consumer Direct, call on 08454 04 05 06. Good luck!

[rosiecotton]

Hi

 

The credit card company won't pay up because the TV was working when she got him home! I didn't realise that you were only insured against it being faulty when you actually buy it.

I've asked my aunty to write a final letter stating that if they do no act then she will take currys to court.

 

No, the credit card company are as liable for faulty goods as the trader is. If the fault isn't normal wear and tear you can argue that it was inherent to the product when you bought it.

 

So it's still a valid path for you to follow; however as I said before and as others have said, it's really down to Currys to sort this out for you under the Sale of Goods Act. I was just pointing out the credit card company as an additional avenue and potential assistance.

 

Agreed, the Letter before Action might do some good, let's hope so.

[natsmanc]

THank for all of your advice

[steph1968]

Hello

 

I am the aforesaid auty with the duff tv..... Just been on the phone with Currys online (customer services), they will not budge with sending out an engineer f.o.c

 

They did not even have an address to send the letter of complaint... what type of outfit is this?

 

Does anyone outthere have a template letter (letter before action etc), I eventually got an address for Currys but it was like cutting teeth.

 

I cannot believe how some companies operate, take your cash and run.

 

Thanks Everyone for advice to date.

 

Steph

[rosiecotton]

Consumer Direct: Factsheet - Template letters

 

You'd be looking at a repair or like-for-like replacement in the first instance so bear this in mind. To be honest, the template letters on this site are a bit sparse, so...personally I would suggest:

 

Dear Sir/Madam

 

Sale of Goods Act 1979 (as amended)

Letter Before Action

 

On [date of purchase] I purchased a [give details of item, make and model number and any invoice numbers that may help to identify the product].

 

Unfortunately the product is not satisfactory because [describe the fault].

 

The Sale of Goods Act states that all goods purchased must be:

- of satisfactory quality

- fit for all normal purposes

- as described

 

My rights under the Sale of Goods Act can last for up to six years, and I would not expect a television of this value to have gone wrong after just over twelve months.

 

Therefore, this product does not comply with the terms of the Sale of Goods Act and I am entitled to a satisfactory repair or replacement within a reasonable time.

 

I request that you either repair or replace the television by [and give a reasonable date by which to do this - give an actual date, not - say - 10 days]. If I do not hear from you by this date, I will have no alternative but to take further action, in the small claims court if necessary, for the costs of a repair or replacement item.

 

I look forward to hearing from you

 

Yours faithfully

 

 

******

 

Don't forget to copy this to your credit card company with a covering letter stating that you are copying it to them as if you cannot resolve the matter with the trader, you will be holding them equally liable under Section 75 of the Consumer Credit Act and will be looking to them to reimburse you the costs of a repair or replacement, and to also pursue them in the small claims court if necessary.

 

If it does come to court (which hopefully it won't) you can name both Currys and your credit card company in the same action.

[edinburghbeerbucket]

My rights under the Sale of Goods Act can last for up to six years, and I would not expect a television of this value to have gone wrong after just over twelve months.

 

I think I'm right in saying that the 6 years thing is just a statute of limitation, just like with the bank charges. As far as I'm aware, your rights under the SOGA are indefinate, and the amount a judge would award would be based on how much use you had of the goods and various other factors.

 

In other words, you have 6 years to make your claim from the time the TV went faulty.

[rosiecotton]

Hmm, it is the statute of limitation but of course when claiming you would have to argue that the goods were faulty when purchased, ie had the fault inherent at the time of purchase.

 

I suggested mentioning that time limit though, mainly to cut off any "typical" Currys reply of "it's outside the 12 months"...!

[steph1968]

Hello Rosiecotton

 

Want to thank you for sending me the template, I did ring a number for Consumer direct and they advised me to write to Currys and to also look into getting the credit card company to look into this claim. Halifax credit card want a letter with reciepts and they will look into this problem for us........I shall keep you all posted on what happens from here..

 

THANKS ALL!!!!!!!!!!!

 

Steph.

[wallstreet]

Any update?

[tamadus]

Just to poke my twopence worth in.

 

According to SOGA a product has to be of merchantable quality which has been mentioned already but and this is the crunch bit. It should be of sufficient quality to last a reasonable amount of time.

 

The design life of a TV set is usually 7 years before failure, That is the time the industry expects a set to last WITH NO PROBLEMS.

 

Curry's are trying to use the written guarantee period (which for a tv is usually if not always 3 years) to deprive you of your statutory rights.

 

As others have said if they dont replace it then chase both them and the credit card company, issue a claim against both if you need to and one of them will pay up.

 

A judge will consider the reasonable time period very carefully, and order either replacement or repair at his discretion.

 

I did once hear about a woman who returned a bathroom mirror 7 years after purchase because the silver backing was peeling off. She purchase it from a major high street DIY chain store, who effectively laughed at her so she issued a court claim. The judge ordered a replacement as he considered 7 years too short a time to expect a mirror to last.

[steph1968]

Hello

 

I am still in battle with both the credit card company and Currys at the moment. I have has some info from Consumer direct who have advised me to get an independent tv engineer to provide me with something to prove that the problems with the tv are directly related to the manufacturing fault as opposed to our causing the problems. This is easier said than done, I have tried so many engineers (not all will provide me with evidence to show the fault is a manufacturers problem), finding an engineer who will respond to call outs outside warranty is also an big issue.............. I eventually arranged for an engineer to attend next week so I am hoping they can provide me with the evidence.

Consumer direct have passed my claim to trading Standards and it is them advising me to obtain evidence.

 

I am growing very weiry..........I will keep on with this one though since I am discusted on how customers are treated, I don't suppose I'll be the only one who has problems, I bet Currys have sold shed loads of this type of TV and in 13 months time someone out there will be going through the same loops as myself.

 

I thank you for your advice...

 

 

steph

[Bookworm]

Thank you for keeping us updated, and I hope you get the results you are entitled to.

 

I think it would be great if part of Consumer Direct's brief was to provide engineers for a minimal fee, reclaimable from retailers when confirmed at fault. It certainly would help consumers not being given the runaround so much. *sigh*

 

Keep your chin up. ;-)

[iconoclash]

Any updates on this? My 14 mth old £900 LCD TV has gone on the blink and CURRY'S say its nothing to do with them! thanks....

[iconoclash]

I also bought an LCD TV from CURRYS - can u guess the rest!

It was over £800 and just after 12 months it developed a fault - this Christmas just past, went to the store, no joy with them, rang them, wrote a letter, no reply - eventually got a Repair Co to look at it and this is where I am now, they have reported back to me that I will have to spend £250 to get it working - so - I will get a written report from them and send it to CURRYS. I hope to show them that this is their problem and that I will claim refund of any expenses incurred in the matter - directly or in court. I'm a bit concerned about paying for the repair and not being able to claim it back in court due to some ruling about not trying hard enough with them or something - I just cant keep on waiting - we need the TV working now. What do you think? Lyn

[jampot]

Lyn,

 

If the report states that the problem was present at the time of manufacturer, and isn't "wear and tear" or caused (directly or indirectly) by you (eg accident, mistreatment, not following care guidelines) then your case against Currys seems pretty strong.

 

However, you really should persue Currys for an answer, even if it is a final letter from them saying "We aren't taking this matter further" as with no reply to work from, they could easily say they weren't aware of your correspondence, never knew of your complaint, and weren't given chance to rectify the matter themselves.

 

I would send a further letter to Currys, asking for their authorisation to go ahead with the repair. Give them 14 days in which to respond, or to appoint their own authorised repairer and complete the repair. Send this letter via Recorded Delivery and ensure it contains all of your details (order number, name, address etc).

 

If you purchased the TV using a Credit Card or via a Credit Agreement, I would also send a copy of the letter to them as they are jointly liable under Section 75 of the CCA.

 

Currys have a "reasonable" length of time in which to effect a repair under the SOGA. If you cannot prove when you first started chasing them, unfortunately the clock probably starts from now. Giving them 14 days to both appoint a repairer AND complete the repair should be fair enough - and if they choose not to respond, I would get the TV repaired independently then start legal proceedings to get your money back from Currys.

[iconoclash]

OK - many thanks - it is still in the shop waiting for a complete 'board' to be ordered for it - they say it is a component failure - it has not been dropped, damaged or anything, the picture just disappeared two days before Xmas! sound and everything else still working !?! Will write another letter this week. Lyn

[jampot]

You are right to be concerned about being able to claim the costs back from Currys. I would advise against having your own repairer order expensive parts, as liability for the repair lies with Currys. They are well within their rights to demand to effect the repair themselves, and I would strongly advise you allow them to do so - that way you preserve your SOGA rights in the event of other failures which may (or may not) occur later in the life of the TV.