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Currys wants me to goto manufactuer


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hi there , id like a little advice as im not sure where i stand here .

i have a 32" samsung lcd tv here that was purchased 11 months ago .

it has a connection fault at the back , and also a habbit of randomly turning itself off .

its still within 1 year of purchase , and i also bought the 2 years 'whatever happens' extended cover .

 

i rang the number that came with my product advice and support leaflet stapled to my recipt , after a lengthy convo with the 'tech guys' i was told to ring samsung and get them to repair it .

really puzzled by this i went down to the store i purchased it from and explained the situation to the customer service lady there , she also said it should ahve nothing todo with samsung , and to ring a whatever happens number she gave me .

ive just called this number , and after a lengthy chat with an indian chap with a thick accent , he was insistant that i call samsung .

i tried to explain that i didnt buy the TV from samsung , and they can get whoever they like to fix it , but my contract is with them .

i was told that i obviously didnt understand him and the call would be terminated , i asked for the chaps name and was refused , when asked if i could possibly speak with his superviser the call was disconected .

 

ive just rang the store i bought it from again in hopes to speak with the lady from the other day , they are busy and im awaiting a return call , but id like to know exactly where i stand if possible , am i right in thinking that its down to them to get my machine repaired?

if they have the work contracted out thats fair enoug, but isnt that also for them to deal with ?

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There is no question..

 

Your contract is with the store. And so are your legal rights!

 

Now getting the store to accept it is another matter.

Personally I'd go down tomorrow morning (sat) when it's really busy and make a fuss, right at the sales desk, And don't move to "somewhere we can discuss it" when they suggest.

 

Good luck!

 

http://www.dti.gov.uk/consumers/fact-sheets/page38311.html

 

A printable fact sheet from the DTI, includes answers to the question

 

Q6. Is it true that I have to complain to the manufacturer?

No. You bought the goods from the trader, not the manufacturer, and the trader is liable for any breaches of contract (unless he was acting as the manufacturer's agent).

I don't always believe what I say, I'm just playing Devils Advocate

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Yes, you bought the TV from Currys, your contract is with Currys and they are the party liable for your rights under the Sale of Goods Act, which states that all goods purchased must be of satisfactory quality and fit for all normal purposes.

 

Don't let them fob you off, this happens all too often.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Write to Curry's. Inform them formally of the fault and the trouble to which you have been put so far.

describe the fault as fully as you can. Give them 7 days to visit and repair or to inspect the TV after which you will have it independently examined and bill them for it.

If they do not respond then have the set inspected and diagnosed by an official Samsung repairer. Get the report and estimate for repair - you may have to pay for this. Send the report and estimate to Curry's. Give them 7 days to repair the set or else you will have it repaired by the official Samsung repairer.

If they do not respond, have the set repaired, pay for it and then send all bills to Curry's for payment. Give Curry's only 7 days to pay and then sue them.

Do use an official Samsung repairer. Don't settle for some cheaper outfit.

The trap to fall into would be to use a cheap repairer as if then broke down again, everyone would be able to disclaim on the guarantee and you would be left in a very difficult position.

 

Their legal reps are DG something or other. Very obstinate and difficult bunch who will cave in in the end.

Your position is unloseable. It is a disgrace that you are having this kind of trouble with a company such as Curry's which used once to be a very company - they have lost their way.

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last time i went to the manufacturer due to the shop selling out of my item(xbox) , the repaired console broke 1 week out of the warranty and i was left with little rights to take it back to the shop and was left dealing with the manufacturer and a repair fee .

i wasnt about to make that same mistake again :)

 

from what i was told over the phone with 'whatever happens' support, is that they have a contract with samsung to fix those TV's .... thats fine if that is the case ( i think i was being palmed off myself tho) , but its still upto those guys to deal with whoever they have the work contracted to, not me.

 

anyway , i rang my local store back and spoke to the lady who id poped in and talked to the other day , she took my details and rang me back later .

she even admited to having problems herself :) they also told her that i had to ring samsung , but she insisted on the matter and pointed out the , 'one call one fix' (or something to that effect) slogan , and they told her they would ring me at the start of the week to arrange a engi to pop out .

 

thank you to everyone for the advice , ill update as to how this turns out :)

 

p.s , can anyone edit the thread title ? stick a 'r' in there for me .

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Write to Curry's. Inform them formally of the fault and the trouble to which you have been put so far.

describe the fault as fully as you can. Give them 7 days to visit and repair or to inspect the TV after which you will have it independently examined and bill them for it.

 

Their legal reps are DG something or other. Very obstinate and difficult bunch who will cave in in the end.

Your position is unloseable. It is a disgrace that you are having this kind of trouble with a company such as Curry's which used once to be a very company - they have lost their way.

 

I had a problem with a pc mouse for my friends child in Currys, It was a missold item, for a laptop not a pc, the cable was too short. We had a reciept and simply wanted a replacement, the manager refused.

I made a fuss and the chased me out of the shop in my wheelchair, yelling my name at me telling me that I am banned. Right onto the carpark! I wrote a letter of complaint and they gave me a cable also in their reply stated that i am no longer allowed to shop there.

Utter disgrace, I will never ever buy from them again.

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I had a problem with a pc mouse for my friends child in Currys, It was a missold item, for a laptop not a pc, the cable was too short. We had a reciept and simply wanted a replacement, the manager refused.

I made a fuss and the chased me out of the shop in my wheelchair, yelling my name at me telling me that I am banned. Right onto the carpark! I wrote a letter of complaint and they gave me a cable also in their reply stated that i am no longer allowed to shop there.

Utter disgrace, I will never ever buy from them again.

 

I think that's a case for your local newspaper, LittleVoice - get them to do an article on it and the Store Manager will proabably get a kicking from his Area Manager for the bad publicity. You won't be there to see it, but your satisfaction from imagining it will be reward enough :)

-----

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ive just called this number , and after a lengthy chat with an indian chap with a thick accent , he was insistant that i call samsung .

i tried to explain that i didnt buy the TV from samsung , and they can get whoever they like to fix it ,

 

CAREFUL!!!!!!

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About what? If the poster had encountered a Swedish chap with a thick accent, would that be a problem?

 

how do you know he was an Indian over the phone, and of what material importance was it who you speak to its the company that the problem is with not an individual. Just keep it clean.

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how do you know he was an Indian over the phone, and of what material importance was it who you speak to its the company that the problem is with not an individual. Just keep it clean.

 

...Because he had an Indian accent? It's of no material importance, it seemed to me to be an incidental remark intended to better illustrate the story. It's called scene-setting. Unfortunately, by bringing it up in the first place, you have now made it of material importance. Hindsight, eh? :lol:

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i guess it was to point out the fact that i was on the phone to a call centre that seemed tobe outside of the uk .

 

as for being carefull... im young , its for the generation above me todo all the tiptoeing around , and by the time it reaches my generation we will all be wondering what the hell was the big fuss anyway :)

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Guest retailpointofview

OK tell me if i am wrong. the shop has to find a remedy which solves the problem within a certain time without costs to the customer and without too much inconvenience. (that paragraph was sarcasm not a question)

 

telling the customer to go to the manufacturer is a remedy. i dont think the currys guys know how to dust out a tv let alone repair anything.

manufacturers are the only fully trained people to fix it. they have the parts ready and waiting and you dont have to even leave your home. they come to you.

 

i think that legally covers all bases

 

if something went wrong for me, id call the head office to ask their procedures. for 1 its a phone call, alot cheaper then petrol. 2 by having their head offices involved from stage one is great ammo.

 

stores cant repair things there and then.

from experience and from asking judges in small claims,

(yes i know of 3! before you start arguing)

they all say that a customer can use the manufacturers gurantee to remedy the issue. and stores can ask the customer to use the manufacturer too as it is classed as a remedy.

 

they can get whomever they want involved as long as it solves the problem withing reasonable time, least inconvenient and without cost to customer.

 

but these are 2 things the retailer CANNOT do

1. Charge the customer for a repair where it is proved faulty and not reimburse them.

2. Don't offer an alternative repair, replacement, or refund remedy if manufacturer or their other repair options wont deal with it.

 

The retailer CAN ask you to pay for a repair or inspection. BUT if this is then proven as fault from purchase the retailer has to either not charge or reimburse the costs.

 

manufacturers gurantee's do not affect your legal rights. its a law that all manufacturers have to state this. going to the manufacturer will not affect SOGA at all.

 

all comments about retailers lack of responsibility are not 100% valid until after 12 months. from the many threads, each comment is that the retailer has asked you to go to the manufacturer.

to me id prefer this.

1. i wouldnot trust currys staff with a TV for 5 minutes.

2. i dont want to leave it with them and pick it back up in a couple

weeks because i live 30 miles away (60 mile round trip) (120mile totla to drop of and pick up)

3. for currys to fix it or get their mastercare people involved is a waste of 48hours to book the mastercare repairer and another few days to get the part. Samsung have have the parts and engineers waiting next business day

honestly, what would you prefer??? currys or samsung??

comet, pcworld, argos, and other retailers all use the manufacturer as a remedy.

Always seek advice from the companies head office first but do not go instore.

they are not repairmen so demanding a repair is like asking mike tyson for his mums telephone number and bra size

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As a foot note to this, Currys are now taking Samsung TV repairs in house. Previously this was not possible due to Samsungs own policy, not Currys.

Frankly, does it make a difference who completes the repair? As long as it is fixed within 28 days that's it.

Personally, if they don't fix it within 28 days I'd be happy, it means I get a brand new replacement!

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  • 2 weeks later...

i guess you missed the point , going to the manufacturer directly voids any contract you have with the shop you purchase from , any more faults with the repaired tv and you havent got a leg to stand on with the shop .

 

i was well aware of currys deal with samsung to fix there TV's , problem is dont care , my deal was with currys .

 

as an update to the situation , got a phonecall from currys last week saying samsung dont have the parts so im entitled to a credit voucher for instore :)

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i guess you missed the point , going to the manufacturer directly voids any contract you have with the shop you purchase from , any more faults with the repaired tv and you havent got a leg to stand on with the shop .

 

i was well aware of currys deal with samsung to fix there TV's , problem is dont care , my deal was with currys .

 

as an update to the situation , got a phonecall from currys last week saying samsung dont have the parts so im entitled to a credit voucher for instore :)

I'm very pleased you got the offer to replace your TV, you imply that having gone to Samsung you had voided your contract with Currys...strange then that they are replacing your set. Fact is that Samsung are/were operating as agents for Currys and carrying out the repairs. How this would void your contract is beyond me. It would appear that many are of the opinion that the large retailers are all too keen to not offer a good service to their customers, patently a daft thing to do as that will guarantee a loss of business.

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The OP didn't go to Samsung, though - they dealt entirely with Currys. It was Currys tech support that was telling the OP (wrongly) to go to Samsung. Only the customer service lady (from Currys) backed up the OP. The customer service lady (from Currys) obviously arranged for a repair (through Currys, even though they may use Samsung engineers) and now that the repair seems impossible, the OP will get a new TV/refund due to Currys responsibilities under the SoGA.

If the OP had followed the incorrect advice from Currys' tech guys, and gone straight to Samsung, the manufacturer, with whom the OP has no legal contract whatsoever, the legal contract between the OP and the retailer, Currys, is in jeopardy. If Samsung had replaced the OP's TV, the item would be different and would no longer be covered by Currys' original legal obligations. If that new TV subsequently went wrong, the OP would have impaired recourse under the SoGA.

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  • 2 weeks later...
Guest retailerspointofview
The OP didn't go to Samsung, though - they dealt entirely with Currys. It was Currys tech support that was telling the OP (wrongly) to go to Samsung.

not "wrongly". the TV has to LEGALLY be fixed to the standards of the original manufacturing process. the manufacturer is the best person for the job. there is legislation about warrenties which ensure maufacturers warrenties and services do not affect consumers rights

Only the customer service lady (from Currys) backed up the OP.

what was probably not mentioned was that the helpline said call this number direct as for data protection reasons we cannot do this over the phone long distance. as they want your details to arrange a repair. the store staff then said to the customer how about you use our phone and call them yourself. or seeing as ou are beside me there is not data protection issues.

The customer service lady (from Currys) obviously arranged for a repair (through Currys, even though they may use Samsung engineers)

and they do use samsung

and now that the repair seems impossible, the OP will get a new TV/refund due to Currys responsibilities under the SoGA.

and they would have anyways. but refusing to call the manufacturer just wasted time and petrol.

If the OP had followed the incorrect advice from Currys' tech guys, and gone straight to Samsung, the manufacturer, with whom the OP has no legal contract whatsoever, the legal contract between the OP and the retailer, Currys, is in jeopardy.

even if the customer goes directly to the manufacturer or through company repair services there is some legal bits and bobs that tie a manufacturer to the company to do with warrenties where maufacturers have to inform retailers of the actions so it does not affect theconsumers rights concerning SOGA.

yes there is no direct bind between the buyer and manfacturer. but by using the manufacturers warrenty it will not affect the bind between the buyer and seller

legally to offer a warrenty or repair service direct to the customer the manufacturer has to inform the seller of what repair/replacement was offered. if un replaceable or repairable the item is then either returned to the buyer or directly to the seller who then offers other remedies

 

If Samsung had replaced the OP's TV, the item would be different and would no longer be covered by Currys' original legal obligations.

If that new TV subsequently went wrong, the OP would have impaired recourse under the SoGA

wrong: again there is a separate act about warrenties which ensures the consumers new product is still covered by the original contract.

what is WRONG is to get it repaired by a unwarrented, un authorised independant party. then you may have lost your rights if the seller refuses to accept the repair as of manufacturing standard quality.

 

 

my advice is to use warrenties or repair services offered by the company. do not go to independant repairers.

i personally had a person with dell machines just a couple months old and they ask me to fix it. because i am not Dell or any of its manufacturers if i attempt to repair it they are leaving themselves vulnerable to losing their rights. yes i am fully trained to manufacturing standard and i can get the manufacturing parts. but there is no legislation that binds me to Dell to ensure customers SOGA rights are intact. So if dell refuse because there is no legislation between independant repairers and sellers then it is risking your rights.

ofcourse you could take dell to small claims and use me as a witness, showing my crudentials and showing the machine in question which is using Dell's own parts and pictures of my workshop to show i have the right tools and everything. which could ensure you keep your rights.

but that depends on the judge.

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