Curry's and SoGA

missywissy_2

Hello. I'm after some advice on where to go next! Apologies for the length of this but I need to explain what's happened so far.....

In November 2009 I purchased a Toshiba 32" LCD TV for £329. I also took out a Whatever Happens policy at a cost of £4.49 per month. Everything fine and dandy until...

June 2011 I start to notice the colour temperature of the TV picture changing intermittently while watching. A few weeks later, horizontal 'rainbow' lines start cascading down the screen when you turn the TV on from cold. These initially lasted for about 5 minutes then stopped, although they lasted increasingly longer each time. The TV was unwatchable while this was happening.

"No problem" says I, "I've got my insurance cover". So I ring Whatever Happens only to be informed that the policy was cancelled in June 2010 as my bank refused to pay the Direct Debit. Apparently I was sent a letter and given 28 days to pay the instalment and continue with the policy (I have no recollection at all of ever receiving such a letter). I was told I could therefore not purchase any other policy for the TV as the 28 days have expired. More than a little annoyed by now as I have no idea why the Direct Debit was refused, they had paid previous ones without issue, there was definately adequate funds and other policies debited at the same time were paid!

So, next step, Consumer Direct who told me to claim under the SoGA as it was reasonable to expect an item such as this to last longer than 20 months. So, contacted Currys, they responded saying if I paid £60 they would collect my TV, get an engineers report and if it was found to be a manufacturing defect I would have my £60 returned. Went ahead and my TV was collected on 2nd August. On the 8th August I rang to find out what was happening as I hadn't heard anything. I was told that the LCD needed replacing and would cost £354, they were just waiting for my authorisation :shocked: . After a further discussion with the customer services rep they said that it would not be repaired under the SoGA and at one point she even asked me how I had broken it?! She told me that it was not a maufacturing fault so was not covered, although she could not tell me the EXACT fault, just that the screen needed replacing. I have asked for them to send me the full engineers report but I'm not likely to get that for at least another week!

Back to Consumer direct. A little less helpful this time, basically a shrug of the shoulders and advised to try through Toshiba to see if there were any known issues. Rang Toshiba, no joy. So Currys still have my TV which is at this point worthless!

Phew! So, what I needed some advice on is....where now? Not sure if the engneers report is going to worth the paper it's written on. How to I go about proving the fault was inherent and not through mis-use? Do I have any come back with the bank? Can I claim any sort of compensation for them not paying the Direct Debit? Can I go any futher with the SoGA? I know there is an element regarding durability but not sure how to persue this.

Any help and advice would be most gratefully received!!!

Missywissy

pcombo

If you dont want a repair, Then you can ask for a partial refund under SOGA.

So you might get around £200 back.

Your lucky to get the TV collected and a report done for £60, Im in the same position with my and Ebuyer are bring complete !!!!!!.

misssarahleigh

I would at this point push for the enjineers report. If they cannot tell you what it says, then how exactally can they say it's your fault?

You have paid for the report, I intend you get it.

bris

pcombo wrote: »

If you dont want a repair, Then you can ask for a partial refund under SOGA.

So you might get around £200 back.

Your lucky to get the TV collected and a report done for £60, Im in the same position with my and Ebuyer are bring complete !!!!!!.

I think you have missed the part that they are saying it's the OP's fault and not an inherent fault. They are not going to do anything with this.
You will need to wait to see what the report say's then get an independant report to try and discredit their one.
The OP doesn't have a choice either if they did admit fault, it's they who decide if they want to repair it or give a partial refund, not for the OP to decide.

missywissy_2

bris wrote: »

You will need to wait to see what the report say's then get an independant report to try and discredit their one.
The OP doesn't have a choice either if they did admit fault, it's they who decide if they want to repair it or give a partial refund, not for the OP to decide.

Thanks for your replies I realise that this is probably the way I'm going to have to go but not sure I'm going to get anywhere with Currys. But wondering about the bank? If my insurance policy became invalid due to a banking error, would I have any comeback on them for extra costs incurred to me because of this? Is it even worth trying??

I hope I'm not coming across as being petty but I'm rather annoyed and really can't afford to replace a TV after less than 2 years!

misssarahleigh

missywissy wrote: »

Thanks for your replies I realise that this is probably the way I'm going to have to go but not sure I'm going to get anywhere with Currys. But wondering about the bank? If my insurance policy became invalid due to a banking error, would I have any comeback on them for extra costs incurred to me because of this? Is it even worth trying??

I hope I'm not coming across as being petty but I'm rather annoyed and really can't afford to replace a TV after less than 2 years!

Although I don't NO, i would say I doubt it, but worth investigating. Curry's are blaming the bank, but if it turns out that the bank say it's something that curry's did, you may have a bit more flexibility in making demands from Curry's.

Forwandert

OP did you have any money in your account when the DD wasn't paid?

missywissy_2

Forwandert wrote: »

OP did you have any money in your account when the DD wasn't paid?

Yes pretty confident it was ok. Very careful about my account and other DD's going out at the time were paid. Going into bank tomorrow to try and get copy of the bank statement to double check.

CoolHotCold

Its worth going into PcWorld or Currys (but PcWorld's Knowhow are better) and asking them to pull up the telephone convo on Myriad, and they can print it off for you, just to double check that it was booked for a engineers report. Also while you are there, they can check the Myriad Reporting system which is a detailed engineers report saying what parts are required and what diagnostics has been done, and print that off.

Also while you are in the store, ask them to check Ultima using your postcode, name and initial to double-check the status of the WEH and print off the relevant one as it'll say the exact date it was canceled.


Though if Knowhow is correct on everything the've done so far it means it isn't a manufacturing fault, and if you wish to take it further you need to get your own report disputing the original one and take it to the small claims.