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Help with returning faulty Dmtech TV to Currys

charver Avatar
8y, 3m agoPosted 8 years, 3 months ago
Hi there

This is my first post as a newbie, hope I have posted in the right place.
Hoping for some advice, info etc on a problem I have.

My mother-in-law purchased a Dmtech TV last year ( April 2007 ) approx price £360.00.
with a 1 year warranty which expired this year in April.
The TV has recentley broken down, and we told her to wait for us to return it
and try sort the problem out, as she is a pensioner we thought it would be better
if we returned it for her and save her the hassle.
I know the warranty has expired but i believe when paying £360.00 for a TV
you expect it to last longer than 16 months, it's just 4 months past the warranty expirery.
Anyway, she decided to return the TV herself today, she didn't want to be a burden,
as she says. We were unaware of this of course.
Apparently the woman at Currys didn't seem interested in the problem
and told my mother-in-law " it's an old TV ", and " it's well out of it's warranty "
and " we don't repair TV's ", of course my mother-in-law timidly walked away thinking that's it, theres nothing i can do, and went and bought a new TV from another store.

I am now going to return the TV to Currys myself, i know the warranty has expired
but i believe the product should last longer than 16 months, correct me if i am wrong.
I just find it disgracefull that a pensioner ( or anybody for that matter ) spends £360.00
of their savings on a TV from a reputable company for it to last 16 months
and then basically be told theres nothing they can do.

If anybody could give me any information, advice or just opinions, i would be very grateful.
As in should i take the TV back,
Am i within my rights to take the TV back,
How should i go about taking it back ( I don't want to go in like a Bull in a china shop )
if i am in the wrong.

Any advice or information much appreciated.

Many thanks
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Other Links From Currys:
charver Avatar
8y, 3m agoPosted 8 years, 3 months ago
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1 Like #1

While laws concerning sale of goods date back 100 years, the only phrase you need to memorise is 'The Sale of Goods Act 1979 (as amended)'.
The 'as amended' is important because it refers to laws which have extended the basic 1979 Act and using the phrase tells the trader that not only do you know basic consumer law, you know it has been amended too.
The Sale of Goods Act lays down several conditions that all goods sold by a trader must meet.
The goods must be:
[LIST]
[*]as described
[*]of satisfactory quality
[*]fit for purpose[/LIST]
As described refers to any advert or verbal description made by the trader.
Satisfactory quality covers minor and cosmetic defects as well as substantial problems. It also means that products must last a reasonable time. But it doesn't give you any rights if a fault was obvious or pointed out to you at point of sale.
Fit for purpose covers not only the obvious purpose of an item but any purpose you queried and were given assurances about by the trader.
If you buy something which doesn't meet these conditions, you have the potential right to return it, get a full refund, and if it will cost you more to buy similar goods elsewhere, compensation (to cover the extra cost) too.
Note, however, that the right to reject goods and get a full refund only lasts for a relatively short time after which a buyer is deemed to have 'accepted' goods. This doesn't mean that the buyer has not legal redress against the seller, just that he/she isn't entitled to a full refund.
Instead a buyer is first and foremost entitled to have the goods repaired or replaced.
If these remedies are inappropriate, then you're entitled to a suitable price reduction, or to return the goods and get a refund (reduced to take account of any wear and tear).
The act covers second-hand items and sales. But if you buy privately, your only entitlement to your money back is if the goods aren't 'as described'.
If goods which are expected to last six months don't, it'll be presumed that the goods didn't conform to the contract at the time they were bought, unless the seller can prove to the contrary.
In all other situations, it's for the consumer to prove their own case (that is, that the problem existed at the time of the contract). This will prove more difficult the longer you've had the goods. Subject to this, a consumer has six years from the time they buy something in which to make a claim.



http://www.bbc.co.uk/consumer/guides_to/law_goods.shtml
#2
This link may help you, in that it's authoritative and comes from from an official government source:

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

You are absolutely right to expect the retailer to sort the problem out. The problem is that there is no definition of how long something should last. It should last a reasonable time - but what exactly that means varies from item to item.

I would say that a TV should last more than 16 months, and I think a court would support that view. You need to talk to the manager of the store, or failing that someone in their Head Office. If they won't accept the argument, go to your local Trading Standards people and ask them for their help.

You could use Money Claim Online at https://www.moneyclaim.gov.uk/csmco2/index.jsp but it will take a little time. The threat of using it, though, might persuade Currys to see sense.

Good luck! Let us know how you get on.
#3
Thanks for the help and information guys, very helpful.
Going to return it tomorrow ( hopefully ).
Just preparing my script for tomorrow otherwise i'll forget what to say under the pressure. :-D
wish me luck.
And once again many thanks.
1 Like #4
charver
Thanks for the help and information guys, very helpful.
Going to return it tomorrow ( hopefully ).
Just preparing my script for tomorrow otherwise i'll forget what to say under the pressure. :-D
wish me luck.
And once again many thanks.


No problem - good luck. Don't forget to let us know how it went.

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