Currys refusing to replace Smart TV they lost

zahidf

Hello

Under the care plan, Currys took my Sony smart tv to be repaired. The tv cost and still costs now 750 pounds.

They lost the tv after picking it up. After 2 weeks of chasing, they eventually coughed up for a voucher, when they couldnt track it down.

However, when i went into Currys to buy a replacement tv, the vouchrr was only worth 400 pounds.

When i called to complain, they said there only obligation is too replace the tv with one with same specs, and we can get a JVC one for that price.

I want them to replace the tv exactly which they lost, which i believe i entitled under the care plan and consumer rights. Am i correct? Can i sue in the small claims court?

Fosterdog

What model TV was it? How long have you had it? You say it is still £700 but do they actually have it in stock? Also what was the initial fault it went away for? A manufacturing problem I'd expect a higher payout than accidental damage.

zahidf

its a sony bravia tv. Fault with tv screen. Def still in stock

LilElvis

When did you buy your TV?

zahidf

LilElvis wrote: »

When did you buy your TV?

10 months ago or so.

They admitted it was covered under the care plan and they would fix it. It was lost by them when they took it in.

DoaM

Under consumer rights (given they've accepted that the fault exists) you're entitled to a working 10 month old Sony Bravia of the same model.

I don't know what the T&Cs are of the Care plan. Does this entitle you to New for Old? If yes then you're entitled to a new Sony Bravia of the same model. (Unless the T&Cs allow them to substitute a different make/model).

tl;dr ... check the T&Cs of the Care plan.

zahidf

'If we cannot readily and economically repair your product you will be given a voucher to obtain a replacement product in one of our stores. The value will be based on an equivalent or similar specification product up to a maximum of your original product purchase price.'


I think saying a £400.00 LVC tv is the same or similar to a £750.00 Smart TV is ridiculous behaviour by them

wealdroam

zahidf wrote: »

'If we cannot readily and economically repair your product you will be given a voucher to obtain a replacement product in one of our stores. The value will be based on an equivalent or similar specification product up to a maximum of your original product purchase price.'


I think saying a £400.00 LVC tv is the same or similar to a £750.00 Smart TV is ridiculous behaviour by them

Remember, you have had ten moths use of the tv.

Browntoa

I wouldn't consider a sharp Tv to be in the same quality band as a Sony TV as it goes

zahidf

wealdroam wrote: »

Remember, you have had ten moths use of the tv.

Surely it doesn't go down in value by half after 10 months use??


Anyway, I guess the question is, if they lose the TV I sent for them for repair, I could use consumer rights as well as the care plan to obtain the full amount?

naedanger

zahidf wrote: »

Hello

Under the care plan, Currys took my Sony smart tv to be repaired. The tv cost and still costs now 750 pounds.

They lost the tv after picking it up. After 2 weeks of chasing, they eventually coughed up for a voucher, when they couldnt track it down.

However, when i went into Currys to buy a replacement tv, the vouchrr was only worth 400 pounds.

When i called to complain, they said there only obligation is too replace the tv with one with same specs, and we can get a JVC one for that price.

I want them to replace the tv exactly which they lost, which i believe i entitled under the care plan and consumer rights. Am i correct? Can i sue in the small claims court?

I believe they are arguing they are offering a replacement of the equivalent or similar specification product. I suspect this would be legally acceptable provided this includes the replacement being of equivalent quality/brand. However I don't think it would be legally acceptable to replace a high quality brand with an equivalent or similar spec'd budget brand (which is what I think you feel is being offered). (Alternatively, at their option, they could offer a partial refund - they would be legally entitled to reduce the refund to reflect the usage you have already had. So if you were to sue because the replacement was not adequate you could probably only successfully claim about 85% of what you originally paid. The 85% figure is my view - i.e. I am saying you have already used the tv for about 15% of its lifetime.)

How did you pay for the tv? If you paid by credit card you have an easier option for getting redress than going to the small claims court.