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    Curry's Faulty tv

    Long story short I bought a 40inch samsung tv (£495) from currys on boxing day 2008.Faulty panel developed a few weeks ago.After paying for an engineers report and lots of arguing with Curry's,they agreed to repair or refund.As it will cost £440,Curry's have offered us a pro rota refund of £300.I wouldn't mind if it would get me similar tv but I've no hope.Quoted the sale of goods act with him and explained that it was a manufacturers fault and I'm entitled to repair,refund or replacement of similar specs.I was told 'I misinterpreted the act'.So I have to phone him back quoting that part of the act that states this but it's in greek to me.HELP!

    28 Comments

    Quote the 6 year rule...

    motorcaravanning.com/veh…htm

    There's a bit about it, but it'll give you the general idea.

    if its after a year do you need to contact the manufacturer, this wouldnt be currys but samsung? They might be more willing to help you?

    the £300 refund is fair as youve had it nearly 1 1/2 years

    Banned

    jamstaruk1972;8729083

    the £300 refund is fair as youve had it nearly 1 1/2 years


    +1 :thumbsup:

    Banned

    jamstaruk1972;8729083

    the £300 refund is fair as youve had it nearly 1 1/2 years



    +1 You basically got use of the tv for about £8 a month

    Original Poster

    Paddy Charlie;8729104

    +1 You basically got use of the tv for about £8 a month



    I understand that but I paid £495 for a 40 inch that I expected to last longer than this.£300 will only get me a 32inch.What I really want is a repair but they refused

    i just had this with ebuyer - a faulty blu ray player after 6 months - they agreed to refund half the money as i had used it for 6 months - I didnt think that was right but looked into it and yes they can offer you a lot less than you paid for it, they did allow me the full value though against buying the new model from them but was about £20 more expensive, better than losing the full amount.

    Its this bit you need...

    The Sale of Goods Act 1979, amended in 1994, says that when you buy goods from a trader they must correspond with the description, be of satisfactory quality - which includes lasting a reasonable length of time - and be fit for the purpose. If the goods aren't of 'satisfactory quality', you're entitled to claim your money back or to claim compensation, which is normally the cost of repairs. This lasts for up to six years after you bought the goods - five years in Scotland. The retailer, not the manufacturer, is legally obliged to sort out the problem if the goods don't meet these requirements. A manufacturer's one-year guarantee is in addition to these rights - many offer free repair or replacement without quibble. Extended warranties are an extension of this.

    Give Consumer Direct a call. They're a Government Agency, so their advice should be tip-top.

    08454 04 05 06

    Not sure if they work Bank Hols though!

    Banned

    gdp-it;8729315

    i just had this with ebuyer - a faulty blu ray player after 6 months - … i just had this with ebuyer - a faulty blu ray player after 6 months - they agreed to refund half the money as i had used it for 6 months - I didnt think that was right but looked into it and yes they can offer you a lot less than you paid for it, they did allow me the full value though against buying the new model from them but was about £20 more expensive, better than losing the full amount.


    Thats rubbish! If in warranty, they have to repair, replace or offer a full refund. They were lying to you and no idea where you looked it up as that was wrong too.

    If the law is there then the stores shouldnt be asking you to prove any quote to them, they should know, I would go down and see them or write to there head office. Crazy what the customer has to go through, it's all just stalling tactics on there part and yes it should be more accessible and clearer to people on this matter.

    jamstaruk1972;8729083

    the £300 refund is fair as youve had it nearly 1 1/2 years



    Fair enough:)

    SGA isn't really applicable if it's beyond 6 months as these are your statutory rights to a replacement/warranty

    You have to look at any extended warranty contract beyond this to see what the terms and conditions within that are.

    (And the legislation which governs buyer's rights is the Sale and Supply of Goods to Consumer Regulations 2002 s48A which is basically an extension of the SGA)

    Edit:
    S14 SGA 1979 is about fitness and quality. But what is considered 'reasonable' is really hit and miss

    csiman;8729361

    Thats rubbish! If in warranty, they have to repair, replace or offer a … Thats rubbish! If in warranty, they have to repair, replace or offer a full refund. They were lying to you and no idea where you looked it up as that was wrong too.



    WRONG

    the model was eol so did not have to replace and the refund was the full value LESS fair use.

    This was also backed up by Government run consumer help line and OFT.

    golemsmate;8729069

    if its after a year do you need to contact the manufacturer, this wouldnt … if its after a year do you need to contact the manufacturer, this wouldnt be currys but samsung? They might be more willing to help you?



    Contracts between buyer -op - the last trade seller- Currys- the manufacturer has no liability other than to Currys. As said the mfg's warranty is in addition too and not the exclusion of, many sellers try to wriggle out of their duty to the consumer because after 6 months iirc and up to 6 yrs you have to prove it had an inerrant fault, Currys being one of the worst. ]This is London
    If you bought using finance or credit card you may have some recourse under the Consumer Credit act however the SOG should cover you in this case

    csiman;8729361

    Thats rubbish! If in warranty, they have to repair, replace or offer a … Thats rubbish! If in warranty, they have to repair, replace or offer a full refund. They were lying to you and no idea where you looked it up as that was wrong too.



    Taken from govenment website, bis.gov.uk/fil…pdf

    " Partial and Full Refund
    If repair or replacement are not practicable
    options, the legislation provides for the
    alternative remedies of partial, or full,
    reduction in the price (a refund, in other
    words). In considering whether a full, or
    partial, refund is to be given, account needs
    to be taken of the benefit provided by the
    good to the consumer, just as it is when
    determining compensation."

    Please check your facts before posting unhelpful information. Do not dismiss the advice of people trying to help by "guessing"

    Flynn Jack;8729583

    Contracts between buyer -op - the last trade seller- Currys- the … Contracts between buyer -op - the last trade seller- Currys- the manufacturer has no liability other than to Currys. As said the mfg's warranty is in addition too and not the exclusion of, many sellers try to wriggle out of their duty to the consumer because after 6 months iirc and up to 6 yrs you have to prove it had an inerrant fault, Currys being one of the worst. ]This is LondonIf you bought using finance or credit card you may have some recourse under the Consumer Credit act however the SOG should cover you in this case



    Best post I can see so far in this thread.

    You'll have to prove that there was a fault in the device when you bought it (how the hell do you do that lol??), notice that the fault had to be there when you bought it, not that it's developed a fault since.

    Benjimoron;8729913

    Best post I can see so far in this thread.You'll have to prove that there … Best post I can see so far in this thread.You'll have to prove that there was a fault in the device when you bought it (how the hell do you do that lol??), notice that the fault had to be there when you bought it, not that it's developed a fault since.



    your engineers report stated that it was a manufacturing fault tat has occurred, currys say youve had 1.5 years use of the item fault free and have offerred you a pro rata refund.
    i cannot see the problem here.
    they have done all they are legally required to do.
    identify fault and provide solution.
    if you dont like the solution, chase it with them further or go to court.

    am surprised they havent offered you another 40" cheapo model instead tho

    slackrat77;8730074

    your engineers report stated that it was a manufacturing fault tat has … your engineers report stated that it was a manufacturing fault tat has occurred, currys say youve had 1.5 years use of the item fault free and have offerred you a pro rata refund.i cannot see the problem here.they have done all they are legally required to do.identify fault and provide solution.if you dont like the solution, chase it with them further or go to court.am surprised they havent offered you another 40" cheapo model instead tho



    Did the engineers report provide proof that the fault was present at time of purchase?

    Banned

    Under the EU directive OP should not of had to prove the goods had an inherent fault., as the burden of proof remains with the retailer for 2 years.

    Original Poster

    Benjimoron;8730423

    Did the engineers report provide proof that the fault was present at time … Did the engineers report provide proof that the fault was present at time of purchase?



    Not on the report but engineer told curry's on the phone that it must have been!

    slamdunkin;8730618

    Two-year warranty (EU … Two-year warranty (EU law)http://www.thisismoney.co.uk/bargains-and-rip-offs/tips-and-guides/article.html?in_article_id=487339&in_page_id=53954&in_advicepage_id=131



    from that article" However, as this is a directive is only partially adopted by the UK, its use is a grey area. "

    i was under the impression the uk falls under the SOGA not the eu ruling ?

    Banned

    The EU ruling should give extra rights on top of the protection given by SOGA.

    Banned

    slamdunkin;8730703

    The EU ruling should give extra rights on top of the protection given by … The EU ruling should give extra rights on top of the protection given by SOGA.


    its a directive, not law so retailers in the UK ignore it. Down to the customer to prove inherent fault still.

    Banned

    Sort of right CSI....It only becomes UK law when it's implemented into the laws of each member state, but as we are a member of the EU, citizens also have recourse in the European court if they so choose.

    Article 288
    To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.
    A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.
    A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.

    LoozR;8730612

    Not on the report but engineer told curry's on the phone that it must … Not on the report but engineer told curry's on the phone that it must have been!



    So based on the fact that the UK law is the one to go by (I think that's what they worked out ^^^?), I would suggest that if there were some proof from an engineer in the report that there was an inherent fault then you've got a case. If the engineer has just said it, not put it in the report and doesn't have any evidence to back it up then you'll probably have to take what you're given!

    would imagine they are using the tax "write off" system for calculation of current value,
    might be wise to ask as this is determined by business use not home use, so a home used machine should have a higher value not being placed under the same duress.
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