No Help on Damaged Hob

Monty_Fall

Hi All

Bit of help on a Consumer Act point. I purchased a new hob from Currys online and it was delivered at the end of November. As we were replacing the kitchen we left the hob in its packaging. At the end of December we opened it to install it and found a large deep scratch on the hobs surface. This was clearly there prior to use receiving it. We have contacted Currys (phone and email) and they have said that as we did not contact the manufacturer within 48 hours of receiving the hob then they will not do anything. I thought this would be covered by the consumer act and that they should replace or refund for the hob even though we reported the issue a month after receiving the hob. They say no and sticking with the 48 hour policy and say that this is n line with the Consumer Right Act.

It this right? You have to report an issue witin 48 hours?

Could anyone let me know what they think?

Thanks

alumende27

You should have checked the goods upon arrival, but even after 30 days you still have a right to request a replacement or repair if the goods are of unsatisfactory quality, unfit for purpose or not as described.

However, their website does state "If the product is damaged when it arrives, please contact us within 48 hours via the Contact Us facility on the Customer Services page.", which may limit your options.

elsewhere they outline your options for faulty goods other than damaged on arrival.

And in upper case "THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM TRADING STANDARDS OR CITIZENS ADVICE CONSUMER SERVICE."

CoolHotCold

Good luck.

A Scratch is not a fault, it is cosmetic.


You are outside of the short time period to return as 30 days has passed and also the online right to return.

If asking Currys to do something doesn't help, then the only recourse you have against Currys is to start legal action stating that under section 9 of the CRA, that goods should be of satisfactory quality and that under section 19, subsection 14 the goods are assumed to fail to conform to contract under the first 6 months of delivery.



That said, subsection 15

Subsection (14) does not apply if—
(a) it is established that the goods did conform to the contract on that day,
or
(b) its application is incompatible with the nature of the goods or with how
they fail to conform to the contract.

Which essentially says, the 6 month rule is void, if is reasonable doubt on how such 'fault' occurred.



If I was a judge and asked to weigh on the facts, I would lean towards Currys, it has been in your possession for more than a month, unable to verify how such item was stored, where it was stored, and even if it was installed before now and damage occurred during use and you're trying a fast one.

ThumbRemote

CoolHotCold wrote: »

Good luck.

A Scratch is not a fault, it is cosmetic.

Cosmetic damage is still a fault.

CoolHotCold wrote: »

Subsection (14) does not apply if—
(a) it is established that the goods did conform to the contract on that day,
or
(b) its application is incompatible with the nature of the goods or with how
they fail to conform to the contract.

Which essentially says, the 6 month rule is void, if is reasonable doubt on how such 'fault' occurred.

In a small claims court the legal basis is 'on the balance of probabilities' not 'beyond reasonable doubt' - a significant difference. It would only be a defence for Currys if they could that the hob probably wasn't damaged on delivery. Their only evidence for this is that the OP didn't report the damage immediately.

CoolHotCold wrote: »

If I was a judge and asked to weigh on the facts, I would lean towards Currys, it has been in your possession for more than a month, unable to verify how such item was stored, where it was stored, and even if it was installed before now and damage occurred during use and you're trying a fast one.

You've decided this based on a single message board post. It's quite possible that the OP does have proof that the kitchen wasn't installed before a specific date, so they have a reason for not unpacking it earlier. It would boil down to how much proof the OP could provide. Did they have an independent installer fitting it, who would give evidence. Or other independent workmen in the house who would say the cooker hadn't been unpacked when they did their work. Even photos of the work in progress.

davomcdave

@OP - Get in touch with your local Trading Standards who will help you out. Companies like this routinely ignore your basic legal rights.

Bogalot

davomcdave wrote: »

@OP - Get in touch with your local Trading Standards who will help you out. Companies like this routinely ignore your basic legal rights.

Trading Standards do not take give advice to individual callers. Perhaps you meant the consumer helpline run by CAB? Their number is 0345 404 0506.