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The "new TV" currys sold me is second hand

2

Comments

  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I'd return the TV and ask to speak to the manager, explain how concerned you are that you are have been sold a used TV. See if he will give you some goodwill gesture to compensate you for the hassle.


    If that doesn't work, take your refund and try Head Office.


    I wouldn't keep the set myself under any circumstances, if it's ex display then who knows how long it's been used for. If it's been returned it may have an intermittent fault.
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    Zandoni wrote: »
    I wouldn't keep the set myself under any circumstances, if it's ex display then who knows how long it's been used for.

    The OP has suggested he was fine with it being ex display.
  • terra_ferma
    terra_ferma Posts: 5,484 Forumite
    Moley1985 wrote: »
    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.

    I'm not surprised, I once bought a 'new' (not marked ex-display) PC from Dixons and when I went home I found some files, including banners for the shop. I kept it though because it had some extras that I needed.

    Regarding the accessories, are they compatible with any other TV that they can offer as an exchange, even at the higher price? Or that you can buy at an equally good price?

    Personally I would speak to the manager first, in these cases often good will gets better results. Failing that escalating to a complaint, making as much noise as possible (in my experience letters to the CEO, or complaining publicly via social media, tend to get a better response ;)).
    I wouldn't use a legal terms if what you are asking for is a gesture of good will (to keep you quiet and make you go away ;) ).
    Failing all this you could still pursue a legal route, there is nothing to say that they wouldn't be prepared to give you £900 rather than go to court, because of the cost and risk of bad publicity (I'd check to see if there are any precedents, this should give you an indication of how they normally behave when taken to court).

    Sometimes results are not based on your actual legal rights, but the perceived costs to the company, based on staff time, legal costs, bad publicity. When they realise you are not going away they might give in, who knows. Or they may not and you'd have wasted your time and court fees.
  • Zandoni wrote: »
    See if he will give you some goodwill gesture

    It's already got £200 off!
  • Failing all this you could still pursue a legal route, there is nothing to say that they wouldn't be prepared to give you £900 rather than go to court, because of the cost and risk of bad publicity (I'd check to see if there are any precedents, this should give you an indication of how they normally behave when taken to court).

    Sometimes results are not based on your actual legal rights, but the perceived costs to the company, based on staff time, legal costs, bad publicity. When they realise you are not going away they might give in, who knows. Or they may not and you'd have wasted your time and court fees.

    If they offer the op the money back then what is the op going to be able to take them to court for?
  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    It's already got £200 off!


    If it was sold as new then the OP has been deceived and he should get some sort of compensation for having to return it.
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    Moley1985 wrote: »
    The fact it was the last one made me expect id be getting a display model.
    Zandoni wrote: »
    If it was sold as new then the OP has been deceived and he should get some sort of compensation for having to return it.

    It doesn't seem like there was any belief it was unused.
  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    OlliesDad wrote: »
    It doesn't seem like there was any belief it was unused.

    The OP's first post is a bit vague, if he knew it was not new then he doesn't have many options.
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I think your taking the !!!! to be honest.

    It comes across in your post like you knew it was used and took the £200 discount because of this and now you want a new one for the used price. Either keep the used one, return it for a refund or pay the extra for the new model.
  • Zandoni wrote: »
    The OP's first post is a bit vague, if he knew it was not new then he doesn't have many options.
    Moley1985 wrote: »
    The fact it was the last one made me expect id be getting a display model.

    I think a display model which would have been kept on all day every day can be pretty well classed as used!

    In fact a customer return which would have been tested them the customer changed their mind will have been hardly used at all compared to a display model so I can't see what on earth the problem is.
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