Faulty JVC 50" TV - Currys. Sales of goods act?

wealdroam

mathew_thomas1981 wrote: »

Just a quick update - After speaking to trading standards and then getting back in touch with knowhow. The regional manager gave us a call, he has spoken personally with the store in Cardiff and said we could exchange our TV if we brought in back today. Brilliant...

Took us an hour and a half to get there (our nearest currys is that far away), when we arrived was told we could exchange the TV for another, but only to the value of what we paid. So am i stupid to think we would just get a straigh exchange i.e a similar model or next model up????. No mention of this was made by the regional manager over the phone. We bought our TV in a Sale as it was a very good price and now all the TVs with the same spec as ours are atleast £120 more. So when we got there we did not want to pay an extra £120.

We asked if we could just have a refund and got a NO as it would mean they would make a loss, the pushy store manager said!! "This is not my problem" i replied and that "i should not have been sold a faulty TV in the first place".

So we are back to square one. Is my only option to contact my C/C company and get my money back through section75??

Thanks again everyone

I am not sure they owe you more than you actually paid.

If they have now accept that they owe you a remedy, then that remedy could be a repair, replacement or refund. You can express a choice, but you cannot force the seller to provide a disproportionate remedy.

They have offered you an exchange to the value of the original purchase price. That is effect a refund of your purchase price. Remember that any refund could be reduced to take account of the use you have had.

It strikes me that they have decided that to offer you an exchange for a set that costs £120 more is a disproportionate remedy and one they can refuse.

I am not sure how a refund would benefit you. Of course you would then be free to spend the money how you liked, but, using your figures, you would still need to add £120 to it to get your repalcement TV.

Yes, if you made the purchase by credit card you can ask you cc co for a refund, but they too can reduce that refund to take account of the use you have had., though that's unlikely.