Currys not being nice

Korkyb

mobileron said:

So your the one????

I must be number 2.
Bought loads from Currys over the years & no issues yet.
Just bought a PC from them last week. - it was the best price available for the product & has a manufacturers warranty.

oscarward

I have bought several things from curry’s over the years from cookers to vacuums to laptops to backup drives. Maybe I’ve been lucky but only ever had 1 issue which was sorted by taking the  product back to store. In fact the last laptop I bought from them is still going strong after 7 years.
i always price compare prices before  buying from them but sometimes buying from a bricks and mortar store is easier than trying to argue with a faceless web site if it goes wrong. I’ve had more issues with them than currys . I.e. taking back post office waiting for it to arrive, waiting for a problem to be acknowledged, waiting for refund, maybe.... the last but one mobile phone I bought the UK supplier tried to insist the warranty was with the chinese manufacturer rather than them. I ended up doing a recharge when it went faulty after a month or so. Then bought something from car phone warehouse where I could examine before buying.

You pays your money, you makes your choice.

unholyangel

camelot1971 said:

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).
 

No, they say any lack of conformity in the first 6 months is assumed to be inherent unless the retailer proves otherwise or the assumption is incompatible with how it fails to conform. 

Therefore even when physically damaged, the default position is that it was inherent and it's up to the retailer to argue the toss otherwise. 

But my point was  (and still is) that 2 weeks passing means nothing. Even under sale of goods act, where goods were deemed accepted after a "reasonable time" had passed, 2 weeks would have been nothing - unless maybe you were buying something simple like a wooden ruler. 

Btw, it not having a box or not having damage on the box doesn't indicate one way or another that the damage was/was not inherent. Damage during manufacture, storage or transit is quite common.