Currys not being nice

Supersonos

Surfingruthie said:

Bought a Smart TV from Curry's 

At this point, I stopped reading.  Why do people choose to have any dealings with Currys??  There are numerous online retailers, as well as high street retailers (like John Lewis, Euronics etc.) who sell smart TVs and actually value customers.

unholyangel

camelot1971 said:

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. 

The consumer rights states that any lack of conformity (not fault) within the first 6 months after delivery, is presumed to be inherent unless the retailer proves otherwise or its incompatible with how the goods fail to conform. 

Nor does the fact 2 weeks have passed have any sort of negative impact on their rights. Especially when the short term right to reject is 30 days. Although I believe CMA say it's particularly misleading to disclaim liability within the first 6 months, due to the assumption that any lack of conformity is inherent. 

Greatgimp

Why are Currys still receiving custom? Surely most people realise by now that they are a God-awful company to buy from!

born_again

Greatgimp said:

Why are Currys still receiving custom? Surely most people realise by now that they are a God-awful company to buy from!

Because thousands of people are happy with their purchases and have no problems.
If people stopped buy goods etc from retailers when someone posts a problem. There would be no retailers left.
JL has been mentioned in this thread as a example of who to buy from. Yet there are threads about issues with them...
So to repeat what you said?

[Deleted User]

unholyangel said:

camelot1971 said:

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. 

The consumer rights states that any lack of conformity (not fault) within the first 6 months after delivery, is presumed to be inherent unless the retailer proves otherwise or its incompatible with how the goods fail to conform. 

Nor does the fact 2 weeks have passed have any sort of negative impact on their rights. Especially when the short term right to reject is 30 days. Although I believe CMA say it's particularly misleading to disclaim liability within the first 6 months, due to the assumption that any lack of conformity is inherent. 

Consumer rights don't say a consumer can do what the hell they like with a product in the first 6 months and a retailer has to suck it up regardless.
The test in court (where any of this actually matters) will be what is reasonable. If a TV has impact damage but the box no damage, then it would be reasonable for the retailer to deny a claim as you can reasonably assume that the TV was damaged after being taken out the packaging. If the box was damaged, then it would be reasonable to assume that the TV was damaged while in transit. If a consumer goes to court with a TV obviously damaged by impact, with no box and a long delay in making the retailer aware of the issue, it's highly unlikely a judge would side with the claimant (but of course, not impossible).
 

Al_Ross

Surfingruthie said:

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.

So it was bought as an xmas present,so unlikely someone would open it before then.When was it reported to Currys,Boxing day or the day after,niot just today I hope.

If you paid by card notify bank to do a section 75 return of payment and inform Currys your are doing this.

born_again

Al_Ross said:

Surfingruthie said:

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.

So it was bought as an xmas present,so unlikely someone would open it before then.When was it reported to Currys,Boxing day or the day after,niot just today I hope.

If you paid by card notify bank to do a section 75 return of payment and inform Currys your are doing this.

You will need a independent report before card co will do anything.
Also pointless advising Currys you are doing a S75 as card co do not contact them.

Op said  "the screen was cloudy and looked cracked" could it be condensation if stored in a cold place? Cracked? would be pretty clear if it is, as you would be able to feel it with your finger nails.

IvanOpinion

Greatgimp said:

Why are Currys still receiving custom? Surely most people realise by now that they are a God-awful company to buy from!

In the last 20 years I have made 45 purchases from Currys equating to some 70+ individual items - ranging from phones, cameras, computers, printers, TVs, VCRs, DVDs, white goods etc..  In all these purchases I had two issues both resolved quickly by Currys
- incorrect item - simple mix-up replaced the following day
- minor damage to rear of a washing machine during delivery - recorded and agreed in writing to have no impact to warranty terms (we are long out of warranty and it is still going)

Maybe I am the only one, but I am a very happy Currys customer.

mobileron

So your the one????

Spank

mobileron said:

So your the one????

Neo?