The "new TV" currys sold me is second hand

Moley1985

I think the title is self explanatory.

I bought a TV from Currys and asked why it was £700 when it was £900 elsewhere. I was told it was discontinued and the last one they have (I have a discount for "last one" shown on my receipt). The fact it was the last one made me expect id be getting a display model.

Took the TV home, and found it a little odd it was already tuned, and odder that the remote had already dead batteries in it. Thought nothing of it.

A couple of days later I saw a crack in the base, and cursed myself for doing that - wasnt sure when or how I would have done it mind. Guessed I must have lifted it wrong.

Only when I went to sign up for netflix last night, and discovered somebody already signed in that it twigged.

Now im still within 21 days so could no doubt just take it back - however I have bought a load of accessorys for a 55" TV, and the same model is only avaliable for £900.

What I want is specific performance of the contract I have - i.e. an LG TV of that model to be provided by Currys for £700. Anyone ever had any luck in actually enforcing specific performance from a company without going through courts etc? Im sure they will offer me my money back, but that doesnt cut it for me.

Moley1985

They source one from elsewhere. Another Currys store - or bloody Amazon if they have to.

We have a contract and I have every right to expect it to be fulfilled.

Geodark

Moley1985 wrote: »

They source one from elsewhere. Another Currys store - or bloody Amazon if they have to.

We have a contract and I have every right to expect it to be fulfilled.

You have no right to get them to replace the TV, the SOGA says that they can repair, replace or refund - you can request a choice - but not demand. They would be well within their rights to refund you as this would put you back into the state you were before you bought the TV. You have no right to expect them to be out of pocket on a deal, just the same as they have no right to expect you to be.

The contract you had was for a £700 TV, you cannot expect them to give you a TV worth more than that.

DCFC79

Why did you not check the TV first before you went and bought a load of accessorys for a 55" TV ?

Fosterdog

It could still be just an ex demo model, the shop I work in people stupidly sign in to their own Facebook and twitter accounts all the time on the demo computers. Someone could just as easily have been trying out a demo TV and looking at the smart features and decided to see how netflix worked on there by logging in to their own account.

What have currys said about it?

Faith177

Fosterdog wrote: »

It could still be just an ex demo model, the shop I work in people stupidly sign in to their own Facebook and twitter accounts all the time on the demo computers. Someone could just as easily have been trying out a demo TV and looking at the smart features and decided to see how netflix worked on there by logging in to their own account.

What have currys said about it?

Same in my store when u worked for Dixons we use to have, to have everything logged in so we could do full demos plus if it was a slow day the time passed quicker

halibut2209

On the plus side, you have free NetFlix

neilmcl

Moley1985 wrote: »

We have a contract and I have every right to expect it to be fulfilled.

Or put you back in the position you were before, ie, give you your money back.

SuperHan

I'd still say it's an ex display model. They don't usually sell return items (or even take return for most items in store, unless they are faulty and are going back to manufacturer)

Most of the features are used and logged in in store to be able to demo.

If you're really unhappy, take it back and ask for a refund, but that's all you'll be getting.

On the plus side, if it is a 'second hand' model, it's probably been used a lot less than an ex demo machine...

4743hudsonj

Surely even if it were used this is better than a demo. An ex demos may have been on all day every day for a year, its unlikely a used tv wil have seen a one hundredth of this use.

stevemLS

Specific performance is an equitable remedy generally only available for unique items - most typically land and property.