Bought faulty TV from Currys, need help

marmite2011

Hello. A week ago i went to currys to buy a television. Whilst in the store i noticed a clearance item TV. I asked the shop attendant why it was clearance and was told "its because the remote control is missing". The TV was the only one of its kind in the shop and Currys had it for sale at a price of £69.99. I decided to buy it. When i got it home i just left the TV in the box whilst i sourced a remote control on the internet. I managed to find a replacement remote control on Amazon and paid £15 for it. A few days later the remote control arrived so i decided to get the TV out of the box. I powered up the TV and the remote control worked fine, however when tuning the TV it didnt find any analogue or freeview channels. I took the TV back to the shop to explain that it was faulty. A shop assistant checked the TV and agreed it was faulty as he couldnt get it to tune in either. Currys offered me my £69.99 as a refund but what i really wanted was a working TV. I realised at the time of purchase that the TV was probably being sold at 50% of its retail value because the remote was missing. I declined the refund and asked for a replacement TV. Currys said they didnt have any TV's of the same make and model and wouldnt be getting any more in. My question is where do i stand exactly as i am reluctant to accept a refund, partly because of the £15 i had to spend buying a new remote and also because i knew what a bargain i'd found when i saw it in the shop. What i would like is the TV i bought working but what do currys have to do?

Alan_M_2

They've offered you a full refund, they can't be any fairer than that. Take it an buy something else.

You can't hold Curry's responsible for a remote you decided to buy.

macman

They are obliged to offer you a repair or an equivalent or better replacement. If this is not possible (because the next one up is much more expensive) then I think you'll have to settle for a refund.
The £15 remote is consequential loss and will not be covered.
Take your custom to a better retailer than DSG next time.

marmite2011

Im'm not holding Currys responsilbe for the remote but they sold me the TV without a remote and so i purchased one. I was not happy accepting a refund for the purchase price of the TV and then being £15 out of pocket for a remote that will be surplus to requirement. Can i not insist on a repair as opposed to money back?

MX5huggy

If the remote is from Amazon proper you have 30days to get it back to them for a refund.

Curry's don't have to get you a working TV its up to them to offer a refund if they want.

marmite2011

I thought the Sale of Goods act 1979 stated the retailer has to give the consumer the choice of either a full refund or a replacement, my choice would be replacement but i'm happy to accept a repair. Please note my emphasis is on choice.

Steve_xx

marmite2011 wrote: »

Im'm not holding Currys responsilbe for the remote but they sold me the TV without a remote and so i purchased one. I was not happy accepting a refund for the purchase price of the TV and then being £15 out of pocket for a remote that will be surplus to requirement. Can i not insist on a repair as opposed to money back?

I think that you ought to accept the refund from Curry's and move on. You knew exactly what you were buying and you were of course hoping that your gamble would pay off. In the event it didn't. Curry's have met their legal requirement to reimburse you.

You could have bought your remote control for as little as £6.19 from Argos. Had you done so you would have been able to return it to them and then obtain a refund for it.

phill99

Well said Steve_xx.

You have been compensated for the TV being faulty. You knew that the TV had no remote. The liabilty for Currys is only the TV, not consequential losses. You will be asking them for compensation because you are disturbed by the story line in Corrie next.

marmite2011

Steve_xx wrote: »

I think that you ought to accept the refund from Curry's and move on. You knew exactly what you were buying and you were of course hoping that your gamble would pay off. In the event it didn't. Curry's have met their legal requirement to reimburse you.

You could have bought your remote control for as little as £6.19 from Argos. Had you done so you would have been able to return it to them and then obtain a refund for it.

I think people are missing the point. I'm not using the £15 remote as an excuse to refuse the refund. As quoted in the above text i knew exactly what i was buying which was a fully functional TV without a remote, what i got was a faulty TV, now i want it fixing. Do I have a choice as a consumer to accept a refund or a replacement/repair. Currys have only offered me a refund when i want a repair

phill99

I think you will find at £70.00, the TV is not cost effective to repair. It'll probably cost more than that to repair.

Taken from here http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/electrical/

"If the goods cannot be replaced or repaired economically, you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the goods"

I think you may have to accept a refund and put it down to experience.

Steve_xx

marmite2011 wrote: »

I think people are missing the point. I'm not using the £15 remote as an excuse to refuse the refund. As quoted in the above text i knew exactly what i was buying which was a fully functional TV without a remote, what i got was a faulty TV, now i want it fixing. Do I have a choice as a consumer to accept a refund or a replacement/repair. Currys have only offered me a refund when i want a repair

They have fulfilled their legal requirement by offering you a full refund, thereby placing you in the precontractual state. They may have decided that a repair is uneconomical or even unlikely. But in any event they have discharged their liability to you by offering you the full refund.

You rather remind me of an old Yorkshire saying which states "you want the toffee and the halfpenny as well".