Currys refused refund - advice

Sulli

I bought a Navman from Currys 4 months ago. I have used it a few times and have been concerned at poor battery - only lasts half an hour with full charge. I have even left it charging overnight to no avail.

I took it back today, with original box, all booklets etc, and receipt. I asked for a refund and they refused and said they'd send it back to Navman to repair it. I said i'd prefer a refund as I was entitled and I couldn't do without one for an extended peiod anyway, but was initially refused so requested to speak to the manager. Manager arrived, very confrontational refusing refund agin, and another 2 male members of staff joined the 1st two to glower at me over the counter, in what seemed like an attempt to intimidate me.

I quoted my statutory rights and they stated that they could not overide policy. I explained that my rights under Sale of Goods Act etc entitled me to a refund and they could not override this. I was told no I couldn't have a refund.

Left feeling very angry at their attempt at intimidation and attitude so phoned their customer services who basically blanked me - seemed unconcerned with staff behaviour and reiterated the refund refusal - would not entertain my pleas about my legal rights.

I have written to them formally (addressed to Chief Exec) but expect the same response to be honest.

Firstly - am I right, legally - i'm pretty sure I am. Secondly, what else can I do to get my refund? I am not easily walked over but seem to have met a complete brick wall with all Curry staff, including management, that I have spoken to.

turtle2k1

sorry to be the bearer of bad news but you are NOT legally obliged to a refund. The seller can offer you a repair provided it is completed within a reasonable timescale (usually 28 days).

sco0ter

Had the same issue with an IPOD... Basically they are under no obligation to give a refund if you have

A. opened the item even to inspect it (not so with web orders)
B. had it more than 28 days.

If you thought the short battery life was a fault and returned it within 28 days then you could have had your money back.. I am still waiting a response to my IPOD issues and have fired off 1 letter and 2 e-mails with no reply..

Sulli

Its not reasonable to be without the item, and their policy and interpretation of the law, I think, is wrong, in mine and your case.
I'm going to pursue it anyway - I like a good fight, and the way they treated me was disgraceful - won't let them get away with it.

turtle2k1

Sulli wrote: »

Its not reasonable to be without the item, and their policy and interpretation of the law, I think, is wrong, in mine and your case.
I'm going to pursue it anyway - I like a good fight, and the way they treated me was disgraceful - won't let them get away with it.

To be fair though (I'm not sticking up for currys) you were quoting the law incorrectly and they offered to send it off for a repair?

Meatballs

I have had a customer in the shop I was working in demanding an exchange/refund after 13 months.

He also stated that the manufacturers 12 month warrenty was illegal despite it saying Statutory rights are not affected etc. He had supposidly taken 'legal advice' from a friend.

It is extremely frustrating for shop staff to suffer people spouting their legal rights when they clearly dont know what they are talking about.

Also battery life is known not to perform at a constant level and it is expected that they will deteriorate. Overcharging a battery (leaving it too long overnight like you have said) can cause damage to some batteries. However it depends on the type of battery/current of charging/time charging/temperature and I dont know enough about it!

Please read:

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt

Basically from my understanding you are entitled to a repair if anything like the guys in the shop said. You escalated it by calling over the manager, and although they shouldn't stand and glare at you theres not much shop assistants can do if someone is insistant about 'their rights'.

In our case we had to insist the man left the shop and corresponded to us through mail. We never did hear anything about it despite his protests...

sco0ter

Well in my case when I bought my IPOD nano. I was told that there was a charger in the box. When I got it home I realised it was a USB charger only. As this was being bought to be used in hospital I took it back telling them it was no use. I then got told from the MANAGER " These are internet related items and can only be used with a PC so its your fault for not having access to a computer". When I told him that an internet connection is not required to use the IPOD and indeed a PC is only needed for transfering songs and as it holds 1000 I could easily fill it up then have no need for a PC for another 9-12 months when I get new albums for Christmas. He then just turned his back and said not his problem.. In fact it was the staff at a nearby PCworld that told me to go back and get them to pricematch thier offer (the mains charger and skin included for the same price). He was none too pleased.

D_e_n_i_s_e

i dont know about the rest of you, but these days i tend to buy expensive (over £50) things off the net even though it may cost me a small delivery charge.

this is because you are additionally coverd under the long distance selling regulation for seven whole days after you get the product.

fair enough you have to pay the postage to return the item but on goods like electronics worth a couple of quid i think its a good idea, if the product isnt what you expected it to be, then your money is quite safe.

these days many electrical stores etc are facing tough times with so much competition, a friend who works for PC world told me that under no circumstances are they perpared to give you a refund, the best they will do is give you a credit refund (which means you have to buy summut else from them).

Personally now that John Lewis price match, have exceptional CS, and offer free extended warranties on goods id rather buy from them.

im ponderinng over an LCD in the run up to xmas, currys will sell the product maybe £100 cheaper than John Lewis, but there extended warranty will be £400 (or summut daft like that on top). JL wins!

just one other thing iv recently bought a miele washing machine for £600 (it was a clearence thing) it comes with a ten year warranty (miele - labour, parts and call out)!

zorber

Sulli sorry you are wrong to expect a refund yet, you will have to persue a replacement or repair, unfortunately the line about inconveniance wont work here either, if it was a freezer that was not working you go down the inconveniance route but in this case you admit you have not used it regularly so it not an inconviance to you,
They have a period of time to get this repaired, if this time period expires or the repair is no good then you can start lloking at the next option, which is likely to be a replacement if this is refused the you will be entitle then to demand a refund, i think they have 2 weeks to effect a repair, so after this time period if it hasnt come back then kick off!

trinidadone

hey sulli, sorry to hear of your bad experience with currys, have read what everyone has said, and i am one of the few which agrees with you. you purchased a product, it is not working satisfactory, so you want a refund, end of story. i would proberly go along with the store to test the iteam, because you cant see the fault, but dont accept a battery replacement. i know you spoke to a manager at curry's, but not sure if it was a departmential manager, supervisor etc... how about writing to the branch manager?

remind me of never shopping in currys again, mmmmmmmmmmm

Sulli

It's all down to what is reasonable, a term within the SOGA (1979).
See link here: http://www.which.co.uk/reports_and_campaigns/consumer_rights/reports/your_rights/buying_selling/Returning%20faulty%20goods/Returning_faulty_goods_report_657_6571_3.jsp

I think it's entirely reasonable for an electrical product costing over £100 to last more than 4 months, and should it not it's not of reasonable quality or fit for purpose.

I'll update on my progress.

Just as big an issue though is how they treat a perfectly courteous and reasonable customer.