problems with Currys 42" TV - any advice?

[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.

[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.

[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.

[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"...!