Currys PC World - faulty TV

Scoluke

We purchased a Samsung 3D Smart TV 7 months ago. It first developed a fault 3 months after purchase and we contacted the store who directed us to the Samsung repair service. An engineer called and ordered a new part for the TV which was fitted a few days later. The same fault reappeared 2 weeks ago ( less than 4 months after last repair ) and the engineer called and took the TV away for repair leaving us with an inferior model in the meantime. The engineer has written on our receipt that it is the same fault occurring. After speaking to trading standards they advised us that we were entitled to a new replacement or refund and we spoke to the store about this. They have point blank refused this stating that this is "only" the second repair and they will only consider our request after a 3rd repair ! The TV cost us £1100 and has had the same fault occur twice in less than 7 months. We do not want the TV back as we have no confidence in the fault being rectified permanently. Are we within our rights to refuse to take the TV back and to demand a refund or new replacement? We are also raising the payment in dispute with our credit card company Barclays Platinum. Any advise on what our actual rights are in this matter would be much appreciated. Thanks

daytona0

All they need to do is refund, repair or replace and as you have used the item on and off 4 the last 7 months you'd probably only get a partial refund.

They can choose how to resolve it and they can repair it again at this stage. I would imagine that were the same issue to develop then they would probably give up and just replace or partial refund. Also, you've had use o the item 4 7 months so would you be entitled to a brand new TV? Possibly not

I hope the credit card company declines your request because Currys SEEM to be playing ball at the moment....

Scoluke

Hi thanks for your reply but frankly I am surprised as this is totally not what Trading Standards advised us. This was a brand new TV costing over £1000 that only worked for 3 months before it developed a fault which resulted in it not working. After allowing them the opportunity to repair it the same fault has occurred again within a short period of time (confirmed by the engineer ). Trading standards state there is nothing in consumer law that says we have to allow them more opportunities to repair and that we are entitled to a new replacement or refund as it is a recurring fault. My feeling is that it is an inherent problem within the TV and that this fault will keep recurring. Apart from the nuisance of having to try and arrange engineer calls during work hours this TV was not cheap and I absolutely would not expect to have to have it repaired once let alone twice within less than 7 months of purchase.

neilmcl

In this instance your advice from TS is not exactly correct. They are obliged to offer you a remedy - one of repair, replacement or refund, so long as the particular remedy chosen is completed within a reasonable period and does not cause significant inconvenience.

It can be argued that this 2nd attempt at a repair, the first where the TV had actually been taken away, would not as yet cover a significant enough of an inconvenience particular as you've been left with a replacement to watch TV in the meantime.

Scoluke

I have just spoken to TS again to confirm what we were originally told. The law states that goods purchased must be free from fault and last a reasonable period of time otherwise you are entitled to ask for EITHER a refund, replacement or repair. It is not up to the store to decide what they will offer but for you to state what you want. The fact that we have allowed them the opportunity to try and repair it once does not mean that we can't ask for a refund or new replacement now that the repair has failed. My main issue seems to be if they go ahead now and repair the TV we will be hard pushed not to have to accept it back, however my argument for a refund or new replacement will be strengthened should the repair fail again.

neilmcl

Scoluke wrote: »

I have just spoken to TS again to confirm what we were originally told. The law states that goods purchased must be free from fault and last a reasonable period of time otherwise you are entitled to ask for EITHER a refund, replacement or repair. It is not up to the store to decide what they will offer but for you to state what you want. The fact that we have allowed them the opportunity to try and repair it once does not mean that we can't ask for a refund or new replacement now that the repair has failed. My main issue seems to be if they go ahead now and repair the TV we will be hard pushed not to have to accept it back, however my argument for a refund or new replacement will be strengthened should the repair fail again.

They've missed one vital point. Yes you can ask and state your preference for a particular remedy BUT you cannot insist. The remedy cannot be disproportionately costly in comparison to any other, so in reality if it's cheaper to repair then the seller can attempt to do so, so long as it meets the other caveats that I mentioned in my earlier post.

lucy03

Scoluke wrote: »

I have just spoken to TS again to confirm what we were originally told. The law states that goods purchased must be free from fault and last a reasonable period of time otherwise you are entitled to ask for EITHER a refund, replacement or repair. It is not up to the store to decide what they will offer but for you to state what you want. The fact that we have allowed them the opportunity to try and repair it once does not mean that we can't ask for a refund or new replacement now that the repair has failed. My main issue seems to be if they go ahead now and repair the TV we will be hard pushed not to have to accept it back, however my argument for a refund or new replacement will be strengthened should the repair fail again.

Is it actually Trading Standards you're contacting? That advice is wrong IMO as others have noted, it's up to the retailer to choose the appropriate option. If the retailer is saying they will fix it, that doesn't seem unreasonable at this stage.

Scoluke

Yes it is TS and they have quoted me the consumer law that states product has to be free from defect/fault and last a reasonable time. We have allowed them the opportunity to repair and this has failed as the engineer has confirmed. We do not have to allow them further opportunities and are within our rights to ask for a refund or new replacement. I fail to see how it could be fair to consumers for the retailer to have the final say in what you can request as this potentially means you could forced to accept repair after repair after repair ! It is not unreasonable when you have spent a large amount of cash to expect a good quality product free from defect and need for repair for at least 12 months surely ?

Buzby

Sorry, but they are still wrong. If you refuse, you will have to take them to court and will look bad if you are seen as preventing them finally rectifying the issue. I don't recall you stating the make and model - with this you can check whether there is a litany of complaints of reliability.

Do not do anything on 'principle' - far better to raise the issue with the manufacturer to see if they're embarrassed enough to make an exception. The shop however IS being reasonable in wanting another chance to fix it, I'd let them.

neilmcl

Scoluke wrote: »

I fail to see how it could be fair to consumers for the retailer to have the final say in what you can request as this potentially means you could forced to accept repair after repair after repair !

No it doesn't, for the reasons I've already mentioned. Eg,

1, The remedy must not be disproportionate in comparison to another - at some point repairs will not be financially viable in comparison to a replacement or refund

2, The remedy must be completed in a reasonable period - too much time repairing means the remedy will not be completed in a reasonable time.

3, The remedy must not cause a significant inconvenience - multiple repairs will eventually become significantly inconvenient.

DevCoder

Might want to email your TS a copy of the SOGA law (maybe the dummies edition since they seem to be mis-interpreting it )