Currys team knowhow refusing tv repair

dvdy1000

DoaM, thank you, yes i think claims court would be the last resort im just shocked and annoyed they are implying ive tampered with it even though its gone back in for the same repair as before, i paid with Debit card.

JohnE22

Amazon refusing replacement of broken tv.

I ordered a tv from Amazon on the 12th February which was delivered the following day.  As the wall bracket was only due on the 14th I didn't open the tv immediately.  When the bracket did arrive I opened the tv to find the screen smashed.  I went online and reported the tv broken and tried to arrange a replacement.  I have now spent the best part of two hours on live chat with Amazon who are refusing a replacement because the tv has now gone up in price.  They say that because the tv was 'listed as ‘Fulfilled by Amazon’ and not sold directly from Amazon they will only refund the money and I will have to pay the £50 price increase.  I have told them this breaches Consumer Rights but they insist that a replacement will not be offered.  Is it worth pursuing or am I incorrect about Consumer Rights entitling me to a replacement?

Thanks,

John

JohnE22

Apologies, I'm new to the forum and was trying to start a new discussion but eneded up commenting in this thread.

John

dvdy1000

Hi, looks like small claims court is the only way forward but advice needed please , when im making the claim would it be best to go for the fact they are wrongfully accusing me of tampering with the tv and refusing to repair /  or the other point that when the tv arrived back with me there's a dint in the side & cracked screen which has been reported by the driver was caused in transit when on the way back to them  for repair before they have even opened the tv and allegedly found adhesive on the main board 

Aylesbury_Duck

You make a claim for your losses, supplying all the relevant and appropriate facts and evidence.  However,  as I understand it, you don't yet have any losses to claim, so what are you intending to claim?

I think you need to give Curry's a final chance to put things right (if you haven't already done so in writing), telling them that if they don't, you will get the TV repaired yourself and issue a small claim for the cost of doing so.  

dvdy1000

ive emailed customer giving them a final chance and outlining my intentions but they are not budging, my losses are a £1699 TV that they are refusing to repair & are responsible for causing further damage when in transit with them, so my claim is for the full cost of the Tv

Aylesbury_Duck

Others with more knowledge than me will come along and advise I'm sure, but I suspect you won't get the full cost.  If Curry's were to relent and offer a refund, they would be permitted to reduce that refund to account for the use you had from the TV (8 months?).  That might bring it down to much less than £1699.  To show you're being reasonable, I would claim for less.  Have a look at what a TV of the same spec would cost today.  That would inform your claim amount.  

Just as a guess, you might expect a refund to be of the order of £1200.  Couple that with the fact that TVs typically fall in price in real terms, a £1699 claim could be considered betterment, i.e. you would be able to buy the same spec TV and have money left over.

dvdy1000

Thanks for the advise Aylesbury_Duck, i totally understand that but its hard to judge the value this particular tv came with an attached soundbar panasonic stopped production shortly after my purchase, the only similar tv they have now comes without a soundbar £1599 

Aylesbury_Duck

Just be prepared to justify the amount you're claiming.  You should take into account the use you've had. You're not entitled to £1699 and the only way you'll get that is if Currys relent and offer it as goodwill. 

brianposter

Aylesbury_Duck said:

That might bring it down to much less than £1699.  To show you're being reasonable, I would claim for less.  Have a look at what a TV of the same spec would cost today.  That would inform your claim amount.  

Just as a guess, you might expect a refund to be of the order of £1200.  Couple that with the fact that TVs typically fall in price in real terms, a £1699 claim could be considered betterment, i.e. you would be able to buy the same spec TV and have money left over.

TV with a 5 year guarantee might reasonably be expected to have a life of at least 7 years, so suppose you have used 8 months of an 84 month life, ie knock about 10 % off the 1699 and round up.

It also appears that Currys are being unreasonable about your claim - so claim a small amount for time and expense and use that paragraph to emphasise that their argument seems ridiculous.