Legal Advice Required re Newly Purchased TV

mikeeffect

So, the problem is that I bought a Samsung TV from an electrical retailer the other day, and they have accidentally supplied me with the model above the one I have (which looks like its about £100 more than I paid).

They're trying to organise the return of the TV I have taken home - I don't want to do this because it took ages to get sorted out and I can't be bothered doing it again. Also, I like it. It has a good picture, I'm used to it now and don't want something slightly worse.

They are telling me the tele won't be covered by a guarantee and they want it back. They said if I don't give it back, they will take me to small claims court.

Also, they can't say I'm not guaranteed, can they? Its a transaction I have paid for and I have a receipt for. Don't electrical appliances come with a year's statutory guarantee?

They also sent me out a rubbishy letter that wasn't even on headed notepaper and riddled with spelling mistakes, handwritten envelope, no surnames on the letter. All a bit dodgy. Seems like the sales staff are very nervous because of the mistake.

vax2002

Try it on,
Dear sirs, as far as I am aware I received the TV your salesperson told me I was buying, I viewed it, ordered it, paid and got it, however I have damaged it trying to fasten it on the wall which turned out to be plaster board, so if you are willing to replace the Tv I would be most grateful to receive a new one as this one now keeps turning itself off.
Thanks for your offer

ukcarper

mikeeffect wrote: »

So, the problem is that I bought a Samsung TV from an electrical retailer the other day, and they have accidentally supplied me with the model above the one I have (which looks like its about £100 more than I paid).

They're trying to organise the return of the TV I have taken home - I don't want to do this because it took ages to get sorted out and I can't be bothered doing it again. Also, I like it. It has a good picture, I'm used to it now and don't want something slightly worse.

They are telling me the tele won't be covered by a guarantee and they want it back. They said if I don't give it back, they will take me to small claims court.

Also, they can't say I'm not guaranteed, can they? Its a transaction I have paid for and I have a receipt for. Don't electrical appliances come with a year's statutory guarantee?

They also sent me out a rubbishy letter that wasn't even on headed notepaper and riddled with spelling mistakes, handwritten envelope, no surnames on the letter. All a bit dodgy. Seems like the sales staff are very nervous because of the mistake.

Is the receipt for the same model TV you have got.

mikeeffect

I don't think it is...

If I don't have the receipt............

Toxteth_OGrady

You can reasonably ask to keep the TV until such time as they deliver the one you agreed by contract they would supply. Having said that, although you will probably lose in the small claims court as they did not contract to provide you the TV you now have, you are in a good negotiating position. By the time they supply the right TV, the one you would then return to them effectively becomes 2nd hand/refurbished for them to resell and probably worth at least £100 less. There is no such thing a a retailer's statutory guarantee.

Enterprise_1701C

Unfortunately I think you may have to return it. You might be able to come to an arrangement with them, meet them half way with the cost, or get them to come to you and take down the old one and mount the new one.

It might also be worth pointing out to them that they would not now be able to sell your present one as new - it would have to be as a returned unit or the suchlike.

As for the guarantee - it may well be the case that you would not be guaranteed if you could not prove the date of purchase of the tele, but if you have registered it with Samsung then you might have some recourse with them.

I personally would go and see the Manager of the store you bought it from, take all paperwork, and ask what is going on. It was an error on their part, you would just take the box you were given and assume it was what you bought. Explain to him that you have spent all that time sorting it out and that the tv would now be second hand, and try to come to some agreement.

I find a smile and unconfrontational attitude helps.

mikeeffect

Thanks for the advice everyone. Yeah, I think I'll have to submit and give it back or come to an agreement?

Toxteth - it was the Speke Retail Park one - you might know it

muskoka

I'd be writing to Head Office (presuming its a national electrical retailer). Seriously, what do they expect to do with a second hand tv? Its their screw-up, they should suffer it.

Darksun

mikeeffect wrote: »

Also, they can't say I'm not guaranteed, can they? Its a transaction I have paid for and I have a receipt for. Don't electrical appliances come with a year's statutory guarantee?

The problem is you have a guarantee for a TV of Model X, when you in fact have a TV of Model Y. If you develop a fault they'll take one look at your TV and one at the receipt and say it's not the right TV.

Why can't you be happy with the TV you chose and paid for? Obviously you shouldn't have to go to any hassle - tell them to arrange to deliver (and set up) your new TV when they come to collect the incorrect one.

asbokid

The employment contract of a shop salesman usually allows the retailer to recover stock deficiencies or cash shortages by docking his wages.

The retailer is permitted under the Employment Rights Act 1996 to dock 10% of gross pay on any work day. The retailer can make daily pay deductions for one calendar year, or until the stock deficiency or cash shortage has been recovered, whichever is the sooner.

Don't worry about it. We are talking about Liverpool, after all. A conscientious employee will just rob the storeroom to compensate for any shortfall in his wages.

If the retailer is either Comet or Currys, then both are on the brink of closure, so any warranty could be worthless..


http://www.theregister.co.uk/2011/05/16/comet_close_boost/

http://www.channelregister.co.uk/2011/04/14/dixons_swedish_future/

23n1th

Darksun wrote: »

The problem is you have a guarantee for a TV of Model X, when you in fact have a TV of Model Y. If you develop a fault they'll take one look at your TV and one at the receipt and say it's not the right TV.

Why can't you be happy with the TV you chose and paid for? Obviously you shouldn't have to go to any hassle - tell them to arrange to deliver (and set up) your new TV when they come to collect the incorrect one.

Second the above. Its their mistake they fix it but you can't keep it if they want to fix it.