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Television warranty

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Hi
I bought a Samsung 32 inch tv on 23.09.17.
6 months later it started randomly turning itself off.
I returned the tv to currys.
It was sent for repair and having heard nothing for 4 weeks went back and the tv was returned to the shop the following week.
Collected a week later and i noticed the stand was damaged, which was replaced.
Three days later the tv was again returned to Currys as it had still got the original fault.
They have again had it for over 4 weeks.
My partner had fractured her foot and as this was a bedroom tv it made life hard for her trying to get down the stairs.
Where do I stand please.
I don't want the tv back.
Thanks Steve
«1

Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    You can legally request a refund. (Sellers are allowed a single repair attempt to ensure goods conform to contract - if they still don't conform then the consumer can demand a refund).

    The amount of refund you can get depends on exactly when the fault was first reported to Currys, so dates are important. (You gave us the purchase date but not the fault report date). If it was less than 6 months then you can get a full refund; if it was after 6 months then Currys can reduce the amount of the refund to account for usage/ownership.

    (The above is as per the Consumer Rights Act 2015, albeit paraphrased).
  • cococlown
    cococlown Posts: 49 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thank you DoaM
    It was seven months into the warranty before we took the tv back.
    They have had it over 4 weeks now and I am in no rush to ask about it as i feel I would be in a stronger position.
    Thank you for replying.
    At least I know where I stand now.


    Rgds Steve :)
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    cococlown wrote: »
    They have had it over 4 weeks now and I am in no rush to ask about it as i feel I would be in a stronger position.
    The length of time they keep it for repair is irrelevant to your "position", which will not change.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DoaM wrote: »
    You can legally request a refund. (Sellers are allowed a single repair attempt to ensure goods conform to contract - if they still don't conform then the consumer can demand a refund).

    No they can't, the time to request a refund when the repair failed. As they have agreed to get it fixed again then that's what now happens. To get a refund refuse repair attempts.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    bris wrote: »
    No they can't, the time to request a refund when the repair failed. As they have agreed to get it fixed again then that's what now happens. To get a refund refuse repair attempts.

    They may well have the right to a refund simply because of how long the attempted repair is taking.
    The CRA states that this must be carried out "within a reasonable time and without significant inconvenience to the consumer".

    As the TV was away for repair for over 4 weeks the first time and it's already over 4 weeks this time, I wouldn't say that is a reasonable time and could well be enough to claim breach of contract.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They may well have the right to a refund simply because of how long the attempted repair is taking.
    The CRA states that this must be carried out "within a reasonable time and without significant inconvenience to the consumer".

    As the TV was away for repair for over 4 weeks the first time and it's already over 4 weeks this time, I wouldn't say that is a reasonable time and could well be enough to claim breach of contract.
    There is no time written in law and significant inconvenience isn't going to come into play for a TV, especially when they have other TV's in the house.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    bris wrote: »
    There is no time written in law

    Just because there is no legal definition of what a reasonable time is considered to be, this doesn't mean that the retailer can take as long as they like to carry out the repair. After all, if this was the case then why was the word "reasonable" even included?

    The explanatory notes for the SOGA used to state that when the word "reasonable" was used, this meant the standard that an average person would infer from it and I can't see any reason why the same criteria wouldn't be used for the CRA.
  • gazzak_2
    gazzak_2 Posts: 473 Forumite
    Part of the Furniture 100 Posts
    Sorry OP this won't help you but might help others.

    I purchased a TV from Richer Sounds. It went wrong 4 years and 9 months into a 5 year standard guarantee. They had a quick look, couldn't source parts for a repair, so gave me a brand new TV with a new 5 year guarantee and were more than happy to do so.

    Don't buy TVs from places like Curries as the after support leaves a lot to be desired.
  • oldagetraveller
    oldagetraveller Posts: 3,653 Forumite
    Apologies in advance, I can't resist, "Where do I stand please."
    100% certainly not on your partners foot!
  • cococlown
    cococlown Posts: 49 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thank you all for your replies.
    oldagetraeller Thank you for your words of wisdom lol.
    When the tv went back the second time we told them we did not want it back and wanted a refund or vouchers.
    They told us it would go back for repair again.

    They have the remote, instruction books and everything that came with the tv, so there was no doubt with the shop as to what we wanted.
    Will update as when I hear from them.

    Thank you all.


    Steve
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