Currys not being nice

Surfingruthie

Bought a Smart TV from Curry's on the 13 Dec with the insurance for 14 ye olds Christmas present. Went to set it up on Christmas day and when we  switched it  on the screen was cloudy and looked cracked...faulty and not fit for purpose. I took it back to Curry's and they refused to exchange it and the insurance doesn't cover "accidental damage " . I know for a fact it hadn't been dropped by me or my daughter and she is now without a Christmas present and I am very disappointed. I will call the head office / complaints dept and see where we can go from here but has anyone got any advice. Thank you.

m-holland

 Might be better moving this post to the Consumer Rights board.
But from personal experience, your in for a long, dragged out saga with Currys

JJ_Egan

Thats 12 days in which it could have been damaged by you will be Currys point of view .

Surfingruthie

Do you think I should just give up because it's their word against mine...even though the TV would have gone through many hands before mine . I can't prove anything can I ?

JJ_Egan

No that's not what i am saying .

Consumer Rights board is better than Phones and Broadband .

macman

You've severely weakened your own case by having it in your possession for 12 days without even inspecting it to see if there was any transit or other damage. Why?
Why have you purchased insurance on an item that has at least a 12m manufacturer's warranty on it already? What does this insurance cover that isn't already covered by your existing household contents policy? Presumably you knew that this didn't cover accidental damage?
Too late now, but buying it from JL or RS would have got you a 5 year warranty and a significantly better level of customer service.

McKneff

Household contents insurance's 

Browntoa

Moved to consumer rights for a better response

Uptown_Boy

Have Currys inspected the TV? Have they provided proof that the TV was damaged whilst in the consumer's possession?

I'm assuming that it cost >£100 ... how did you pay?

Ectophile

Surfingruthie said:

Do you think I should just give up because it's their word against mine...even though the TV would have gone through many hands before mine . I can't prove anything can I ?

The Consumer Rights Act applies.  For the first 6 months, if something goes wrong, it's up to the retailer to show that you broke it.  You don't have to prove you didn't.

You are well within that 6 months, so they have to fix the problem unless they are willing to get an inspection to show how you (or your daughter) broke it.

[Deleted User]

Ectophile said:

Surfingruthie said:

Do you think I should just give up because it's their word against mine...even though the TV would have gone through many hands before mine . I can't prove anything can I ?

The Consumer Rights Act applies.  For the first 6 months, if something goes wrong, it's up to the retailer to show that you broke it.  You don't have to prove you didn't.

You are well within that 6 months, so they have to fix the problem unless they are willing to get an inspection to show how you (or your daughter) broke it.

Consumer rights don't mean anything can happen to a product in the first 6 months and the retailer is obligated to fix or replace it. They don't have to prove the consumer broke it at all - ultimately, a judge in a court would decide what was reasonable. If it was faulty, as in a fault not likely from physical damage, it would be simpler for the OP to challenge, but if its been damaged and the OP didn't mention it at time of delivery, their case won't be very strong. If the OP genuinely believes it was damaged when delivered, take Currys to court.