TV showing repeated fault - Currys

hieveryone

Just a quick question (and hopefully quick resolution) on an issue with my TV.

- Bought 30th August 2015 by CC
- Paid £999 in full
- LG 5 year warranty
- TV first showed fault in January 2016
- Sent away 6th May as lines appearing on screen. Curry's contacted me to say they couldn't find a fault - I replied I had photographs - all of a sudden they found the fault and it was the screen, which was replaced.
- Received TV back 16th May, and when turned on fault was apparent and worse than before.
- TV went back and has been returned again (with a new screen AGAIN as the previous one was faulty?!) with fault still apparent.

- TV is now away for the 3rd time.

- Curry's Know How say that if the TV is away for more than 28 days I should get a replacement.
- They also say if it has been repaired 3 or more times it can be replaced.


I stood in store today for over an hour arguing and they basically point black refused to budge.

Apparently my case has now been referred to a department called 'Save our Customers' (how ironic).

Should I be quoting Sale of Goods Act now in order to get a replacement?

Thank you!

bris

Quoting the sale of goods act wont do you any good as they are offering you a resolution. Your argument is whether or not your entitled to a replacement down to your understanding of their policy. This has nothing to do with the SOGA.


They usually have T&C's with their policy, things like different faults don't count as 3 repair attempts etc so you need to read the policy and find out what the problem is with it.

unholyangel

The SoGA states that where faults are inherent, you can request one remedy over another (repair, replacement or refund - which can be partial to take into account usage you have had) but the retailer can refuse if disproportionately costly in comparison to another remedy or impossible.

However any repair should be carried out within a reasonable time and without causing significant inconvenience.

SoGA places no limit on the number of repairs a retailer can attempt. it would be down to you to try and convince a judge that their attempts went beyond what was reasonable.

Personally I'd just let them do the 3rd repair if they're saying if that fails, you'll get a replacement.

hieveryone

Thank you -

Just to clarify - whenever I call the 'Know How' team - they claim that 3 or more repairs gets an automatic replacement or that after 28 days gets a replacement. The store seem to know nothing about this 'rule'. I then spoke to someone else today who claimed that the TV can just keep going back for repair indefinitely :eek:

Also, it is the same fault time and again.

Where exactly do I stand with this i.e. what *is* my next step? I can't keep sending it away every single time it comes back with a fault - I paid £1000 for a TV that hasn't worked properly since January, and has been out of my possession since 6th May :eek:

neilmcl

Also, bear in mind if you don;t get anywhere with them you can also hold your your CC company liable and make a section 75 claim.

CoolHotCold

Options:

Allow 3rd repair to be carried out, and if it fails again follow process to get it written off.

Demand a manager and make your case and rely on good will.

Take them to court and argue your case there.


Three options, two with dubious outcomes, one with a guaranteed outcome.

Personally I'd follow the route of least resistance and allow a 3rd repair and see what happens then.

neilmcl

CoolHotCold wrote: »

Options:

Allow 3rd repair to be carried out, and if it fails again follow process to get it written off.

Demand a manager and make your case and rely on good will.

Take them to court and argue your case there.


Three options, two with dubious outcomes, one with a guaranteed outcome.

Personally I'd follow the route of least resistance and allow a 3rd repair and see what happens then.

You forgot the 4th option of involving his credit card company.

hieveryone

CoolHotCold wrote: »

Options:

Allow 3rd repair to be carried out, and if it fails again follow process to get it written off.

Demand a manager and make your case and rely on good will.

Take them to court and argue your case there.


Three options, two with dubious outcomes, one with a guaranteed outcome.

Personally I'd follow the route of least resistance and allow a 3rd repair and see what happens then.

This is what I am worried about though - that there is no 'process' - The Currys Know How team seem to quote this every time I am on the phone, but then they also quoted the 'over 28 days' rule - both of which the so called manager in the store had never heard of apparently??

My case is now with this 'Save Our Customers' team, who have to make the decision that because my TV has been away for 28 days to get a replacement - even though this is 'the law' according to the manager?!

What I don't want to do is be at a dead end the next time I go in, so I need to be armed with some sort of evidence i.e. Sale of Goods Act - where the TV has been sold to me faulty.

Altarf

neilmcl wrote: »

You forgot the 4th option of involving his credit card company.

With Currys / Dixons / PC World using Section 75 on your credit card should be the first option.

There is no point in wasting time or energy on trying to deal with them.

hieveryone

Altarf wrote: »

With Currys / Dixons / PC World using Section 75 on your credit card should be the first option.

There is no point in wasting time or energy on trying to deal with them.

Ok that's great. I have the paperwork for that (dispute paperwork, right?)

wealdroam

hieveryone wrote: »

What I don't want to do is be at a dead end the next time I go in, so I need to be armed with some sort of evidence i.e. Sale of Goods Act - where the TV has been sold to me faulty.

The first two replies on this thread surely gave you a good idea about how the Sale of Goods Act works in your situation.
I.e. SoGA places no limit on the number of repair attempts.

SoGA does state that repairs must be carried out in a timely manner and without causing significant inconvenience.
Apparently Currys have interpreted that as 'if we take longer than 28 days trying to repair the thing we'll replace the product', and 'more than three repair attempts and we'll replace the product'.

You were advised in the first reply on this thread to look for Currys T&Cs to determine what their policy actually is.
Have you done that?
When you have their policy in black and white you will be in a much stronger position.