Seller won't collect broken TV

[Deleted User]

Prokofiev said: I have no television at all or pay for a second and have to just wait it out. 

Yes, that is your position. 

shaun_from_Africa

When you state:

I recently bought a television from Hughes, which broke after just six days usage

do you mean physically broken or has it simply developed a fault?
As you are rejecting the TV for a refund then If the retailer wished to do so, they have the legal right to insist that you prove that the fault is due to a manufacturing defect and isn't down to something that you have done.
They are unlikely to do so, but they are entitled to take this stance.

Ectophile

shaun_from_Africa said:

When you state:

I recently bought a television from Hughes, which broke after just six days usage

do you mean physically broken or has it simply developed a fault?
As you are rejecting the TV for a refund then If the retailer wished to do so, they have the legal right to insist that you prove that the fault is due to a manufacturing defect and isn't down to something that you have done.
They are unlikely to do so, but they are entitled to take this stance.

The customer is rejecting the faulty goods within 30 days, as they are entitled to do.  The customer is not required to show that the goods were inherently faulty.  The onus is on the seller to show that the customer broke the goods.

shaun_from_Africa

Ectophile said:

The customer is rejecting the faulty goods within 30 days, as they are entitled to do.  The customer is not required to show that the goods were inherently faulty.  The onus is on the seller to show that the customer broke the goods.

That's incorrect.
What you have stated above only applies if you are seeking a repair or replacement.
When using your short term right of rejection, the onus for proving an inherent fault defaults back to the consumer.
http://www.legislation.gov.uk/ukpga/2015/15/notes

97.Subsections (14) and (15) provide that, if a breach of the statutory rights – for example a fault - arises in the first 6 months from delivery, it is presumed to have been present at the time of delivery unless the trader proves otherwise or this presumption is incompatible with the nature of the goods or the particular breach or fault. This applies where the consumer exercises their right to a repair or replacement or their right to a price reduction or the final right to reject. This does not apply where the consumer exercises the short-term right to reject. These subsections correspond to section 48A(3) and (4) of the SGA and section 11M(3) and (4) of the SGSA.

This is a better explanation from Trading standards:
https://www.bromley.gov.uk/leaflet/122483/14/684/d

If you exercise your short-term right to reject (that is, to reject the goods within 30 days) then you may have to prove that the goods were faulty at the time they were supplied to you, unless the fault is obvious.

However, if you opt for a repair or replacement or are seeking the remedies of either price reduction or final right to reject and a fault is discovered within six months of receiving the goods, then in most cases it is presumed that the fault was there when you bought the goods. Sometimes faults do not show up straight away but they were nevertheless present in the goods. It is for the trader to prove otherwise; they may, for instance, believe that you have damaged or misused the goods. This is commonly referred to as the 'reversed burden of proof'.

ToxicWomble

The OP only mentions that the TV broke after 6 days of use but that does not necessarily mean they did not have it stored In a box for 28+ days prior to first using it.
Can you clarify OP - when it was delivered, when it was first used and when it “ broke “ - also what it the nature of the fault.

[Deleted User]

ToxicWomble said:

The OP only mentions that the TV broke after 6 days of use but that does not necessarily mean they did not have it stored In a box for 28+ days prior to first using it.
Can you clarify OP - when it was delivered, when it was first used and when it “ broke “ - also what it the nature of the fault.

The retailer is not refusing a refund out-of-hand, they are refusing to uplift it at the current time. 

Once the lockdown is lifted, I fully expect the OP to have no problem obtaining a full refund. 

shaun_from_Africa

Moneyineptitude said:

The retailer is not refusing a refund out-of-hand, they are refusing to uplift it at the current time. 

Once the lockdown is lifted, I fully expect the OP to have no problem obtaining a full refund. 

Ultimately, it may come down to exactly what the OP meant by:

which broke after just six days usage

If it's a broken screen or casing, then a refund may not be forthcoming but if it's an internal fault causing a problem then I fully agree that the OP shouldn't have a problem with getting their money back.

Prokofiev

shaun_from_Africa said:

When you state:

I recently bought a television from Hughes, which broke after just six days usage

do you mean physically broken or has it simply developed a fault?
As you are rejecting the TV for a refund then If the retailer wished to do so, they have the legal right to insist that you prove that the fault is due to a manufacturing defect and isn't down to something that you have done.
They are unlikely to do so, but they are entitled to take this stance.

It worked seemingly normally for the first few days, then developed a screen 'glitch' (which I recorded on video for evidence). Then later the same day it would not turn on at all.

Prokofiev

ToxicWomble said:

The OP only mentions that the TV broke after 6 days of use but that does not necessarily mean they did not have it stored In a box for 28+ days prior to first using it.
Can you clarify OP - when it was delivered, when it was first used and when it “ broke “ - also what it the nature of the fault.

Fault after six days from delivery (which was mid afternoon on day one so not a full six days use either). Fault explained in previous post above.

Prokofiev

Moneyineptitude said:

ToxicWomble said:

The OP only mentions that the TV broke after 6 days of use but that does not necessarily mean they did not have it stored In a box for 28+ days prior to first using it.
Can you clarify OP - when it was delivered, when it was first used and when it “ broke “ - also what it the nature of the fault.

The retailer is not refusing a refund out-of-hand, they are refusing to uplift it at the current time. 

Once the lockdown is lifted, I fully expect the OP to have no problem obtaining a full refund. 

I hope so, I am fully expecting I will get a refund but thought I would come here to try and seek some clarity on my rights and the law. Their website says faulty goods can be returned for a full refund within 30 days. It now appears likely it will not arrive back at their warehouse within 30 days but this would not be my fault. Plus means I am £1200 out of pocket through no fault of mine. Plus I have to store it safely. I would be surprised if I didn't get my money back at some point but I don't imagine many people would want to be short of that amount of money for an indefinite amount of time.

Not sure if I came across wrong but I've been quite shocked by some of the responses here, seemingly taking the 'side' of the retailer like I was out of order here. I thought this board would be more on the side of the consumer. Perhaps I came across like I was unreasonable.