Currys refusing to replace Smart TV they lost

zahidf

naedanger wrote: »

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.

Is that the case if they lost the TV, rather then them saying they couldn't repair it? Then we are getting into duty of care and negligence. ( which they have already admitted to I guess)


How would paying by credit card help? is that something the credit card would refund

alumende27

wealdroam wrote: »

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

I agree that may be relevant had he not had a 'care plan', but the T&Cs don't say "The value will be based on an equivalent or similar specification product up to a maximum of your original product purchase price but knocking off a significant value because you've already used it for 10 months."

Given that retailers like John Lewis will happily guarantee a TV for 5 years at no extra cost, which I understand would involve repair or replacement with an identical model, I think Currys are being extremely unfair with a voucher worth barely 50% of what he originally spent. Plus he's got the cost of his care package, which has either cost him at least £75 to date.

I'd also argue that a TV screen that fails after 10 months has a fault that was present from the beginning. Whether the OP can prove that is another matter entirely. Have you tried asking Sony to see whether they think one of their TVs that fails in 10 months is reasonable?

It seems that Sony have a 1 year guarantee on TVs.

http://services.sony.co.uk/support/en/warranty

Maybe you should ask for the TV back from Currys, get it repaired/replaced by Sony for free.

wealdroam

zahidf wrote: »

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?

Consumer rights, specifically The Consumer Rights Act, allows the seller to reduce any refund to take account of the use you have had.

zahidf

dsdhall wrote: »

I agree that may be relevant had he not had a 'care plan', but the T&Cs don't say "The value will be based on an equivalent or similar specification product up to a maximum of your original product purchase price but knocking off a significant value because you've already used it for 10 months."

Given that retailers like John Lewis will happily guarantee a TV for 5 years at no extra cost, which I understand would involve repair or replacement with an identical model, I think Currys are being extremely unfair with a voucher worth barely 50% of what he originally spent. Plus he's got the cost of his care package, which has either cost him at least £75 to date.

I'd also argue that a TV screen that fails after 10 months has a fault that was present from the beginning. Whether the OP can prove that is another matter entirely. Have you tried asking Sony to see whether they think one of their TVs that fails in 10 months is reasonable?

It seems that Sony have a 1 year guarantee on TVs.

http://services.sony.co.uk/support/en/warranty

Maybe you should ask for the TV back from Currys, get it repaired/replaced by Sony for free.

Unfortunately, they have lost it, so I can't do that alas!

wealdroam

dsdhall wrote: »

Maybe you should ask for the TV back from Currys, get it repaired/replaced by Sony for free.

But the OP has told us that Currys have lost the tv.

zahidf

wealdroam wrote: »

Consumer rights, specifically The Consumer Rights Act, allows the seller to reduce any refund to take account of the use you have had.

Even if they were negligent in losing the TV?

wealdroam

zahidf wrote: »

How would paying by credit card help? is that something the credit card would refund

Read MSE's Section 75 article.

Le_Kirk

dsdhall wrote: »

Maybe you should ask for the TV back from Currys, get it repaired/replaced by Sony for free.

Err, Curry's have lost the TV!!!

wealdroam

zahidf wrote: »

Even if they were negligent in losing the TV?

Yes. Why not?

However, I can understand why you might think that to be poor customer service.

Sicard

wealdroam wrote: »

Consumer rights, specifically The Consumer Rights Act, allows the seller to reduce any refund to take account of the use you have had.

Assuming the life expectancy of a TV is 5 years then the calculation of a product costing £750 is that figure should be divided by 5 which equals £150 usage per year. As the usage wasn't even 1 year then the voucher should have been for £600 approximately.