TV intermittently faulty after 5 months - replace?

hieveryone

Hi

I'm aware this question probably asked a 1000 times, but I'm overdue my baby, severely fed up and just need a quicky answer so hopefully I can get this sorted.

- Bought TV from Currys (30th August 2015)
- Paid on credit card (in case that makes any difference)
- Intermittent faults (lines on screen)
- Currys say contact their 'Know How' department for a repair.


Can I refuse a repair and request a replacement TV?

Thank you

cono1717

Quicky answer? No.

Currys get to choose what remedy they go down if they can't prove its not a manufacturing defect.

hieveryone

cono1717 wrote: »

Quicky answer? No.

Currys get to choose what remedy they go down if they can't prove its not a manufacturing defect.

Thank you - I'm more confused now - I thought that the 'Consumer Rights Act 2015 meant this (copied from which.com)

Is the wording of this that the retailer can choose whether to repair or replace and not me?




Faults within six months

Within the first six months of purchase, it's up to the retailer to prove that the TV wasn't faulty at the point of sale - it's not up to you to prove that it was.

The retailer can choose either to replace or repair the telly. They'll usually choose the cheaper option as long as they can show the option you want would be disproportionately expensive.

You can use our letter to claim for a repair or a replacement TV.
If you're having problems and the shop won't repair or replace your TV then it should be reported to your local Trading Standards department as the shop is breaching your statutory rights.
It's worth telling the shop that you're going to do this as this could mean your complaint is then dealt with.

JJ_Egan

Your purchasedate is under the older SOGA not CRA .

hieveryone

JJ_Egan wrote: »

Your purchasedate is under the older SOGA not CRA .

Of course it is - baby brain moment - duh :rotfl:

Thank you for pointing that out

What changes then?

I can *ask* for a replacement, but they can refuse? And I HAVE to accept a repair?

LilElvis

Pretty much spot on.

hieveryone

LilElvis wrote: »

Pretty much spot on.

Thank you - I have downloaded the template letter generator which seems to put into words that I would like a replacement.

Who would I send a letter to? The Currys 'Know How' department?

Why did I buy from Currys :mad::(

bris

Your still not entitled to a replacement. They get to choose the remedy not you. The new CCR's give the consumer a definite 30 days to choose the remedy where as before it was undefined. After 5 months it's always been the retailers choice.


You will not find anyone that gives a replacement after 5 months, even the fabled John lewis will repair when they can so no point blaming Currys.

hieveryone

bris wrote: »

Your still not entitled to a replacement. They get to choose the remedy not you. The new CCR's give the consumer a definite 30 days to choose the remedy where as before it was undefined. After 5 months it's always been the retailers choice.


You will not find anyone that gives a replacement after 5 months, even the fabled John lewis will repair when they can so no point blaming Currys.

Ok done, thank you, that's what I needed to check.

Unfortunate timing with being due a new baby etc - typical!

Thanks for all your help.

LilElvis

bris wrote: »

Your still not entitled to a replacement. They get to choose the remedy not you. The new CCR's give the consumer a definite 30 days to choose the remedy where as before it was undefined. After 5 months it's always been the retailers choice.


You will not find anyone that gives a replacement after 5 months, even the fabled John lewis will repair when they can so no point blaming Currys.

But JL's 5 year guarantee will give you a like for like replacement if a repair is uneconomic, whereas Currys would likely give a proportionate refund.

Sister's friend was dumped by her husband and left with a supersized plasma tv. More than 4 years after purchase it broke, plasmas aren't made any more. JL gave her a brand new tv of the same size and nearest specification and a cash refund of nearly £600 because the new tv was substantially cheaper than the "cutting edge/top dollar" model the husband had bought.

Guess where I bought a new tv from the week before Christmas :T

wealdroam

bris wrote: »

Your still not entitled to a replacement. They get to choose the remedy not you.

But surely Bris, you can agree that it does no harm whatsoever to express a preferred remedy?

Section 48B of The Sale of Goods Act says, in my opinion, that the buyer can choose the remedy but cannot force the seller to supply a disproportionate remedy.