Currys TV warranty repair/replacement - complete joke!!

john11367

Hi Folks, :mad:

Have a query regarding a Samsung TV I bought from Currys last June..

Basically, it went faulty in January and I returned it to the store on the 26th of January, it was sent off for repair FOC as it was still within it's standard years warranty (I didn't purchase any of the extra cover options at the time of buying). I got it back on Thursday 13th February complete with a new panel fitted and initially all seemed well however the next day the fault returned.

I took the TV back down again today and the manager has said it has to be sent off once again for repair as there is obviously an underlying fault causing the panel to fail so potentially I'm left without the TV for a few more weeks.

My question is, how long are Currys allowed for repair before having to give a like for like replacement? A friend has told me Currys have a policy of 28 days but I can find nothing in writing in their T&Cs about this. I've emailed Curries customer services but so far no response has been forthcoming.

Also, assuming my friend is correct and the 28 day rule is the case, will the fact that the TV was returned to me mean the 28 day period has to start afresh from today when I took it back again? As far as I'm concerned it shouldn't; the TV was obviously never satisfactorily repaired and the manager stated as much to me this morning however it seems like the sort of loophole they may use to try and wriggle out of a replacement...

Any help appreciated

John

Esqui

The 28 days normally continues from the first repair if you have brought it back within 7 days from picking up (although it would exclude any time you've had it at home, or it has been waiting for you in the store)

[Deleted User]

Currys replaced my TV four weeks after they first started faffing around trying to repair it. There was no attempt to diagnose the fault, each week they just changed the same circuit board that hadn't fixed the problem the previous time.

When I had a previous TV repaired (out of guarantee), they kept it for months and months before returning it with a scratched screen. At the time there were numerous others at work having the same problem. My boss only got his video back after he buttered up the manager by giving him a guided tour round our lab.

john11367

Thanks guys, the TV was back with Currys in less than 48 hours so the 28 days should run from my first repair date.

I had emailed Currys customer service yesterday querying the issue and this is the reply I received today;

Dear John

Thank you for your recent communication dated the 15th February.
With regards to the manufacturers warranty I believe they aim to have you item repaired or replaced within 28 days however I believe this is not guaranteed. As we are not the manufacturers I am unable to give you exact details.

If you would like to contact Samsung on the matter I am sure they will be able to provide you with more definitive answers.
There number is 0843 504 3160.

I hope this has been helpful.

Kind regards,

(Text removed by MSE forum Team)

The reply seems very non-committal and feels a lot like being fobbed off to me.

Maybe I'm wrong but my understanding is that under the Sale of Goods Act my contract is with the retailer, not Samsung.

The fault occurred outside the first 6 months of purchase but given that the TV has presumably already been inspected by the repair centre and had repair work done (the panel was replaced) once without question surely they're accepting that the fault was not caused by my actions or else it wouldn't have been covered?

Wanting to email them back and challenge what they seem to be implying in that email - that they're basically not involved and it's between me and Samsung, but before I do so can anyone confirm I'm on the right track?

Thanks again

John

Edit: Having thought this through a little more there seems to be little point going back to them quoting the Sale of Goods act as they're currently complying by sending the TV off for repair (although not entirely sure they should be directing enquiries relating to faulty goods to the manufacturer..).

I would still hold though that 28 days is a reasonable time frame for a repair, and from what both esqui and jack_pott are saying there does seem to be some sort of policy in place for this albeit not in writing.

Thinking I may get back in touch and request a replacement should the TV not be returned in satisfactory working condition by next Monday (29 days), does this seem reasonable?

john11367

Replied to currys' email from yesterday referring me to Samsung with the following;

Hi,

Thank you for your reply.

I appreciate that Currys are not the manufacturer of the TV, however, you are the retailer therefore my contract lies with you and not Samsung as stated by the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. A manufacturer’s guarantee does not replace or limit my statutory rights as a customer and I am entitled to rely on the remedies available to me under sale of goods legislation rather than my rights under a guarantee if I so wish.

Section 14 of the Sale of Goods Act also provides that;
(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b)appearance and finish,
(c)freedom from minor defects,
(d)safety, and
(e)durability.

Currently, my situation is that I purchased a TV in June 2013 which has failed. It was returned to my local branch on 26.01.14 and sent off for repair. On 13.02.14 it was returned to me however the repair was unsuccessful and the TV was returned to your store on 15.02.14.

I feel that a £400 TV should not reasonably be expected to develop a fault within such a short timeframe through normal use and is therefore not fit for purpose, free from defects nor of satisfactory durability as outlined above. I appreciate that as you are currently attempting to repair the TV (through sending it to Samsung), you are complying with your obligations under the Sale of Goods Act however I would also point out that the act stipulates the following;

(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

I am now into my 4th consecutive week without use of the TV. I understand that there are timescales involved in any repair process and that what is reasonable is open to interpretation. However I also feel that I am being fair in allowing 28 days for a satisfactory repair to be actioned. As a result should the TV not be returned to me by 24.02.14 (the 29th day after initially leaving the TV in your store) satisfactorily repaired I feel it reasonable to request that you replace the TV with an identical model or else issue a refund rather than continue with what has, in my opinion, unfortunately already turned into quite a protracted repair process.


Your assistance in this matter would be appreciated,

John

Not sure how far it'll get me but you never know, will have to wait and see what the response is.

john11367

Update on this - had a response back last week which very apologetically said yes currys are the retailer and here to resolve my problems and that after 28 days I could go into a store and request a replacement.

Today is day 29 - went in this morning and had a word with someone who first told me the 28 days ran from the second date the tv was left in for repair, I instantly argued this as the TV was never properly fixed..

She went and got someone who I assume was a manager, who then tried to tell me that the 2 faults were not the same!! I asked how he had come to this conclusion as both times the TV had a blank display and no picture. He says it was recorded on the second repair sheet that there was sound - there only wasnt sound the first time as when the TV was tested it wasnt plugged into anything.

I pointed this out to him and he said he didnt know that, so would have to ring the repair company to verify the fault was the same then call me back. That was almost 2 hours ago and still nothing. Rang Currys customer service helpline who again tried to refer me to Samsung, I argued this again under SOGA and they instead put me through to a more helpful chap who stated that although he sympathised with me, the customer service helpline had no power to force an individual store to replace the TV and instead recommended trading standards or small claims?! He also suggested I make a complaint about the manager in question I spoke to this morning but I said I'd wait to hear back from him before going down that road.

Apologies for the long post and thanks to anyone reading it - as always any advice appreciated. Fuming!

wealdroam

I think you writing all that stuff about Sale of Goods Act etc. may not have been a good idea.
No shop likes that sort of thing quoted to them, it automatically raises their defences.

Do you realise that as the purchase was over six months ago, Section 48A of SoGA allows the seller to insist on you proving that the fault is inherent?

I think I would be treading carefully as long as they are continuing to work towards a solution.

john11367

Thanks for the reply, I do agree with you that quoting SoGA probably has put them on the defensive, however the first email I sent was a much more informal enquiry about replacement under warranty and the reply I got basically just told me to get lost and deal with Samsung which is why I replied in the manner I did.

I am also aware of the 6 month rule, and would have no problem in paying for an inspection if they insisted (although both Currys' website and the Samsung warranty T&Cs state that manufacturers defects only are covered so given that they've already attempted repair this maybe won't be necessary).

While they are working towards a solution, they have had over 4 weeks now and still haven't found one. This is the only reason I'm now pushing to get things moved along, as being patient with them unfortunately doesn't seem to have gotten me anywhere.

michael1983l

John, I think it is not unreasonable to at this point expect a replacement or a full refund. Have you advised the store that the next course of action will be to make a formal complaint to trading standards about the store?

Also if you haven't already done so, I would make a complaint to Currys head office, not about your TV but about the manner in which your service has been represented by the store and its manager.

You have done well so far to hold your temper because if it was me, I would be not leaving that store until they gave me my money back.

john11367

Thanks Michael, to be honest I really am at the end of my tether with the whole thing now. I didn't go down the trading standards/formal complaint route this morning but told the guy I was speaking to I'd be back in this afternoon so I'll be sure to mention it then.

To be honest I think I will be pursuing a complaint regardless of the outcome this afternoon because the guy I spoke to this morning could not have been any more unhelpful or dishonest - trying to make out that a completely unrelated and separate fault had occurred the day after the TV was returned to me with the exact same symptoms as the original?! The more I think about it the more my blood boils.

The more this goes on the more determined I am to stand my ground this afternoon, and as you say simply refuse to leave until this is resolved. It's been over 4 hours now and still no word back, I'll go down about 4pm and see what happens - hoping for a decent result but certainly not holding my breath.

CoolHotCold

You are right, the manager is wrong.


So long as the timescale between picking up the TV and dropping it back off (or informing them) is no longer than 7 days (excluding exceptional circumstances) it is classified as a single repair and such the 28 day (for 1st year warranty items) applies.


The contact center will be apologetic as it is the store that has to swap it out.




I would suggest sending a email to [EMAIL="LetUsKnow@KnowHow.com"]LetUsKnow@KnowHow.com[/EMAIL] with the details (JRS of the two jobs) and any names of people you spoke to in the shop along with a note of how you feel you've been treated.




It should all be handled internally, but yes seek advice from TS or quote SoGA if required, but I'd try and sort it out without resorting to "legalese" as it introduces an entirely new dynamic into the problem you're having.