Replacement TV bought by insurance - now faulty - what to do?

thellers

Hi,

We got a new Samsung TV from Currys PCWorld. It was bought by our insurance company at the end of February 2014 as a replacement for a previous one that got damaged.

The new TV went 'boom' last week, aged just 15 months. It's a higher-end model, 50", worth about £800 at the time of purchase.

Since it's out of warranty, Samsung don't want to know.

Since the insurance company was the buyer and not me, Currys PCWorld don't want to talk to me, saying I'm not 'involved' in the contract. (They have also said the SoGA does not apply in B2B trades but I don't think that's true).

We are no longer with the aforementioned insurer, which complicates matters further.

I feel sure that I have some kind of rights here, and I should not have to pay for repair myself. However, it's very difficult to know my rights and what to do next.

Anyone experienced anything like this before? Any advice?

Thanks,

Andy

bod1467

Did the insurance actually buy it? Or did they give you a payout/voucher to be used to buy the replacement? (Do you have a receipt for the replacement?)

Shaka_Zulu

Whatever way this goes you are going to need a report that the fault is inherent and not been damaged again.

vuvuzela

Shaka_Zulu wrote: »

Whatever way this goes you are going to need a report that the fault is inherent and not been damaged again.

If it was bought by the insurance company, the OP doesn't have a relationship with the retailer, therefore the retailer doesn't have to do anything. Getting a report could well just be throwing money away.

wealdroam

thellers wrote: »

Since the insurance company was the buyer and not me, Currys PCWorld don't want to talk to me, saying I'm not 'involved' in the contract. (They have also said the SoGA does not apply in B2B trades but I don't think that's true).

Currys are sort of half right.

The Sale of Goods Act certainly does apply, but the whole of Part 5A is not applicable to business to business sales.

CoolHotCold

wealdroam wrote: »

Currys are sort of half right.

The Sale of Goods Act certainly does apply, but the whole of Part 5A is not applicable to business to business sales.

Not really.

It depends on the contract and terms, Currys/PcWorld can remove just about everything even statutory rights so long as the contract states it. They can exclude everything in the SoGA, there are only a few things they can't exclude, such as escaping liability if someone dies or is injured, and relations to theft. Everything else can be excluded so long as both parties agree to the terms.
see https://www.citizensadvice.org.uk/consumer/problems-with-business-to-business-services/consumer-protection-for-businesses/


As to the OP.

The OP has no contract with Currys/PcWorld.
SoGA does not apply between you and Currys.

Talk to the insurer.

bod1467

I think OP should answer my post #2 first before we making any sweeping statements, eh?

mattyprice4004

thellers wrote: »

Since the insurance company was the buyer and not me, Currys PCWorld don't want to talk to me, saying I'm not 'involved' in the contract. (They have also said the SoGA does not apply in B2B trades but I don't think that's true).

Shockingly, they're actually correct (pretty much).