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Continuing from yesterdays post - returning Dmtech TV to Currys - no luck

charver Avatar
8y, 3m agoPosted 8 years, 3 months ago
Hi there this is my second post as a newbie following on from yesterdays
post about returning a Dmtech TV to Currys.

I have today tried returning my mother-in-laws TV to Currys.
I spoke to the management team and showed them all the information
I printed of the internet yesterday ( sale of goods act 1979 amended ) etc.
They said that the TV is past it's warranty and we should have taken a 5 year
extended warranty out on the TV.
And that we would have to pay for an engineer to look at the TV to find out
what the problem is ( they said they could repair the TV if we payed for it ).
I must admit I did get to the point of raising my voice in the store out of annoyance,
and he said he wouldn't deal with me if I was going to be like that.
It's just that I hate it when the big man ( Currys ) think they can bully the little man ( me )
into submission.
He said he would ring the manufacturer of Dmtech as they ( Currys ) are only an agent
for Dmtech and that he would ring us monday about what they have said.
He also during the conversation told me to go to the Trading Standards etc
and see what happens.

I thank the guys yesterday for their help and advice.
I'm just wondering what to do now and is it worth the hassle for a £369.99 TV
( which to us is a lot of money ) that's only 16 months old.
I'm a little unsure of what to do, i am so confused by all this,
and am I wrong about all this, and should i just give in and cut our losses.

Any help, advice, comments, support, information and opinions would be
greatly appreciated.

Many thanks
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charver Avatar
8y, 3m agoPosted 8 years, 3 months ago
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#1
several years ago, i've had to return a TV (£350-ish) twice because it kept having this line across the screen. it took a few months, and waiting for returns and deliveries that keep failing to come on the day therefore those days taken off to wait for them were in vain. they're a nightmare to deal with if anything goes wrong, and it's not just one company (eg argos, currys, ikea, dabs etc) the others are just as guilty of after lousy sales service. a lot of time and effort but it is the principle. in the end we got a so-so tv (philips instead of toshiba) which cost the same but gave us less headache.

the best company for this is John Lewis, i cant fault them they're a little more expensive but they always deliver and call back if they're late. that's the least one should expect.

wish you all the best. trading standards could help.
#2
Do they still sell the same TV? Buy another one and take the broken one back :whistling:
banned 1 Like #3
The contract you have is with the shop, not the manufacturers.

To be honest, trading standards are pretty lame - which is probably why he said that to you.

Goods bought, should be of merchandisable quality and fit for purpose. Not working after 18 months, suggests its not and they are obliged to sort this out.

Don't just let them get away with it. Fight them!

If it were me and I got this response, I would probably put in writting my intent to take the company to a small claims court for a full refund, stating the reasons. I would give them 14 days to respond favourably, else you will proceed and also add any further costs to the amount you will claim. It wont cost much to do so - even if you lost (and I doubt you would.) Chances are they will buckle and replace the set.

You have very little to lose, so get typing!!!!
#4
Not down to the same model number they don't.
But the mother-in-law tried returning it herself the other day,
They frightened her off by saying it was well past the warranty ( 4 months past ).
So she went to another store and bought another TV.
Now she is stuck with a faulty TV that has lasted less than a year and a half for £369.99

Many thanks for your replies guys
#5
Thanks guv for your reply
but Currys management said that i had the information wrong.
Even when i showed him the info i had printed out
his response was that " we will agree to disagree "
and that it is not their responsability it is the manufacturers responsability
banned#6
charver
Thanks guv for your reply
but Currys management said that i had the information wrong.
Even when i showed him the info i had printed out
his response was that " we will agree to disagree "
and that it is not their responsability it is the manufacturers responsability


They would probably also tell you their prices are the cheapest around - but like what they said above, they are wrong.

I've used this on a dishwasher that was 3 years old. I got it replaced and fitted free of charge. I would never buy an extended warrenty - the law of this country is far better.

BTW - it wont be down to him "agreeing to disagree", the judge would decide that.

As I said, the only cost to you even if you lost would be minimal. Look at it like its a gamble with long odds and big payout, for minimal stake on a favorite to win.
#7
It's pointless doing stuff like this verbally, you need to get a letter written.

Don't give up, you are in the right after all.

I once got comet to replace a tv that was just out of the 4 year warranty, they (eventually) said just go into the store and choose another set at the same price:w00t:
1 Like #8
As far as SOGA is concerned you are entitled to have any fault put right or be compensated, if currys refuse to do this you can have the set repaired elsewhere and sue them for the cost.
Guv is along the right tracks but don't insist in your letter you want a refund, you are not entitled to this and it will set you off on an incorrect path, instead in your letter ask what action they intend to take, ie repair the set, partial refund etc., as it is also an offense for them to take no action when notified of any fault.
Personally i think you would win if you kept it that simple and got the repairing engineer to confirm that the fault was indeed a manufacturers component failure that caused the break down.
Also do all letters recorded delivery to Currys registered office and KEEP COPIES., If this does not prompt them consider the repair/report/court action and inform them of such beforehand.
Small claims will cost you about £25 online, another £25 if a hearing is allocated and that should be all, is it worth the gamble because you may also have to spend a few hours on this?
Personally i think you would win if you kept it that simple and got the repairing engineer to confirm that the fault was indeed a manufacturers component failure that caused the break down.
#9
DSG group (Currys, Dixons, PC world) are notoriously difficult to deal with and it sounds like you ave encountered an arrogant and patronising manger. He is obviously aware complaining and knowing your rights isn't territory you are familiar with. I would establish your rights, as advised here, take the tv and all the receipts and demand they take remedial action. If they refuse, ask them to state on exactly what grounds and ask for the name of the manager and person advising you. If that doesn't shake them, then progress it to TS, then the small claims court. highly likely you would win.

Small fry for Currys of course.

I had a problem with my fathers £400 Philips Tv 3 or 4 years ago. It was around 15 months old and the picture kept blanking off. Originally my oap dad had insisted on buying it from the local independant retailer in the village/small town citing their service and convenience. They delivered and installed it as part of the service but left it not properly wired for his video. The difference in price I could have saved him online was about £50 but he wanted the local shop for they personal service and convenience should it go wrong! When it did go wrong at 15 months they were completely unhelpful. Happy to take money from him for a repair (£35 just to look and assess it) but otherwise they didn't want to know, completely stonewalling him. We contacted Philips who were appalled and offered to help. They said they would send an engineer but they contacted the local shop being a Philips dealer! Anyway, when the shop called to make an appointment through me i told them to get lost! They were not profiting from the repair! I called Philips and they sent another repairer who sorted it. Ok, point of this really is to say the manufacturer was happy to help 'out of warranty'.
#10
To be honest, this is pretty much what I thought would happen. I wrote a post saying as much yesterday, but decided against submitting it. Didn't see any point in it, though.

But, yeah. As far as Curry's are concerned, she declined the extended warranty, and since they only warrant it free from defect for a year, it's a lesson not to reject them in future. Curry's make a lot of money out of extended warranties (far more than they make out of the TVs they're attached to), and they're crucial to their operation. They're not going to repair a TV nearly half a year out of warranty unless there's something highly persuaisve encouraging them to do so.

Unfortunately, I just can't see what it could be. Fair play, 16 months is a short lifespan, but DM Tech, who are they? Are they a budget line? My TV is of similar age, and it cost three times what that one cost. I think it's reaonable enough that Curry's can argue that budget TVs are always going to be inferior to high-end tellies, in terms of quality as much as longevity, and this is something the customer accepts when they buy a cheaper set.

You can try keeping up the fight, but I think it's a lost cause. Curry's aren't going to goodwill it, and unless you can find a way to make it appear in their best interests that they do (ie, it's going to save or them money just to repair it), they won't be bargained into fixing it either. Me, I'd do some basic troubleshooting (or ask the people here, some of the folks are very clever), and try and repair it myself, or pay for a pro to have a look at it.
banned#11
dxx
Unfortunately, I just can't see what it could be. Fair play, 16 months is a short lifespan, but DM Tech, who are they? Are they a budget line? My TV is of similar age, and it cost three times what that one cost. I think it's reaonable enough that Curry's can argue that budget TVs are always going to be inferior to high-end tellies, in terms of quality as much as longevity, and this is something the customer accepts when they buy a cheaper set.



For them to use this as a valid arguement, I'd think they would need to make it quite clear "these sets are only fit for 12 months".
#12
"dxx
Unfortunately, I just can't see what it could be. Fair play, 16 months is a short lifespan, but DM Tech, who are they? Are they a budget line? My TV is of similar age, and it cost three times what that one cost. I think it's reaonable enough that Curry's can argue that budget TVs are always going to be inferior to high-end tellies, in terms of quality as much as longevity, and this is something the customer accepts when they buy a cheaper set.
"




I understand your point dxx and i am not being rude
but £369.99 to me is a lot of money for a 20 inch tv with dvd,
and comparing to higher brands does not seem fair.
Even if a TV is a budget system you, still expect it to last longer than a year and a half.
If everbody knew budget sets only lasted for 1 year, nobody would buy them.
Could you imagine walking into Currys, Comet etc and getting interested in a £369.99
budget TV set and the salesman saying " for the price it will only last a year ".
I don't think this comes down to price or brand,
this comes down to no matter what the price or brand of TV,
you expect it to last longer than a year and a half.

I may be wrong, but that is my opinion.

Thanks for replies guys.
banned#13
charver
I may be wrong, but that is my opinion.



No, you are not wrong. On fact its spot on.

SOGA....SOGA....SOGA.................................
#14
guv
For them to use this as a valid arguement, I'd think they would need to make it quite clear "these sets are only fit for 12 months".


Implicitly, they do. That's what the warranty is about - to warrant that the TV will be free from defect for twelve months. Beyond that, they make no promises about its reliability.
#15
Thanks for the support GUV.

Much appreciated.
#16
dxx
"Implicitly, they do. That's what the warranty is about - to warrant that the TV will be free from defect for twelve months. Beyond that, they make no promises about its reliability
."


But a lot of high brand products come with only a 1 year warranty,
it does not mean the product will only last a year,
otherwise we would never buy anything at all.
#17
charver
"dxx
Unfortunately, I just can't see what it could be. Fair play, 16 months is a short lifespan, but DM Tech, who are they? Are they a budget line? My TV is of similar age, and it cost three times what that one cost. I think it's reaonable enough that Curry's can argue that budget TVs are always going to be inferior to high-end tellies, in terms of quality as much as longevity, and this is something the customer accepts when they buy a cheaper set.
"




I understand your point dxx and i am not being rude
but £369.99 to me is a lot of money for a 20 inch tv with dvd,
and comparing to higher brands does not seem fair.
Even if a TV is a budget system you, still expect it to last longer than a year and a half.
If everbody knew budget sets only lasted for 1 year, nobody would buy them.
Could you imagine walking into Currys, Comet etc and getting interested in a £369.99
budget TV set and the salesman saying " for the price it will only last a year ".
I don't think this comes down to price or brand,
this comes down to no matter what the price or brand of TV,
you expect it to last longer than a year and a half.

I may be wrong, but that is my opinion.

Thanks for replies guys.


I think these are all fair points. In fact, I take back what I said about considering this a lost cause - I think you could have something here.

Have you started drafting a letter to TS and Curry's Head Office yet?
#18
Thanks dxx

Doing all that tonight after my tea,
for a minute there you got me worried, ( I thought you might work for Currys - only kidding ).:-D

Thanks for your reply
1 Like #19
Totally agree with others that you do have the S.O.G.A on your side but you will have to play your part in the right order.

Seeing as the TV is now past 6 months old and also past the 12 month warranty, it is now down to you to prove that the fault was there in the first place.

You will need to have the TV inspected by a independent company to see what the fault is.
Before doing this, write a letter to Currys (to the manager of the store and ensure a signature is obtained!) informing them of your intention and that should the fault be inherent, then you will seek costs from them for both the cost of the repair or replacement (which ever is cheaper) and for any out of pocket costs.
If the fault is due to "wear and tear" then that is that and all costs must be out of your pocket.

Quotes from http://www.berr.gov.uk/consumers/fact-sheets/page38311.html
Q1. What is an inherent fault?

A fault present at the time of purchase. Examples are:
• an error in design so that a product is manufactured incorrectly
• an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard.

Q3. Are all goods supposed to last six (or five) years?

No, that is the limit for bringing a court case in England and Wales (five years from the time of discovery in Scotland's case). An item only needs to last as long as it is reasonable to expect it to, taking into account all the factors. An oil filter would usually not last longer than a year but that would not mean it was unsatisfactory

Q5. After the "reasonable time" has passed, what can I do?

You may seek damages, which would be the amount of money necessary to have the goods repaired or replaced. Frequently retailers will themselves offer repair or replacement. But, if you are a consumer (not making the purchase in the course of a business) you have the statutory right to seek a repair or replacement as an alternative to seeking damages.

Q11. The retailer has said that a repair is "disproportionately costly" and insists I accept a replacement as an alternative. Must I accept this?

Yes, and vice versa if you request a replacement and this is "disproportionately costly". However, remember any remedy has to be carried out "without significant inconvenience" and within a "reasonable time" for the consumer. Remember that you could also seek damages instead.

Q12. Neither repair nor replacement of the goods are possible. What can I do?

You may either pursue the old route of damages or a partial or full refund. Probably either would give you exactly the same amount of money. You would seek a full refund in scenarios such as those where you had enjoyed absolutely no benefit from the goods. If you had benefited from them then you would seek a partial refund as a fair remedy. This is exactly the reasoning that would be employed if you sought damages.

Q13. What does the "reversed burden of proof" mean for the consumer?

It means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale. If a consumer is seeking any other remedy the burden of proof remains with him/her.

In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault.

This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer.


I hope this helps and good luck with which ever route you take.
#20
Hey guys
I have just been looking into Dmtech TV's
and found these reviews http://www.reviewcentre.com/search.html?searchstring=dmtech
Take a look inside some of the reviews.
Looks to me like there's quite a few problems with these TV's.
How do they get away with it.
1 Like #21
Hope you get a good refund/new TV ... by the time it's settled, the closest you'll get to a TV is a flat screen ... GOOD LUCK MATE!
banned#22
charver
Hey guys
I have just been looking into Dmtech TV's
and found these reviews http://www.reviewcentre.com/search.html?searchstring=dmtech
Take a look inside some of the reviews.
Looks to me like there's quite a few problems with these TV's.
How do they get away with it.


Because people let them!!!!!

Seriously - use this in your claim. It proves they are not fit for purpose.
#23
I would like to thank everybody over the past 2 days
for your help, information and support.
I will keep you updated on how it goes, if that's ok.
Once again many thanks to everybody.

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