Samsung TV 'stolen' by Currys

morrit

4 years ago I purchased a TV from Curry's. About 2 years ago I started having issues. Long story short, due to various reasons I didn't get it looked at by Curry's until a few months ago under the Warranty. .

The TV works, I just cannot download new apps onto the TV. It works just fine with a set top box so not much of an issue really, but still, I paid good money for a fully working TV! So I contacted Curry's to get them to repair the TV under the warranty before it totally ran out. 

They have now advised me that they cannot repair the TV, the part is no longer available, and they are giving me a depreciated refund on the TV of less than 1/6 of its original value. Oh, and they are keeping the TV! 

I would understand if the TV was totally broken, but I sent it off for repair. Not replacement or refund, so I'm a bit stupefied as to what to do now. I asked for the TV back but they said no, it's being treated as a depreciated refund.

I have a sincere concern that this is so I cannot have an independent report made because, on searching the Internet, I have uncovered a large number of threads about similar make and model TV's having an inherent memory issue from the manufacturer.

What are my rights now? Can they really keep my TV? Smells like a cover up to me. Plus I am now without a TV!

Tl,dr : sent semi working TV back to curry's for warranty repair, Curry's now keeping TV and issuing pathetic refund amount. 

user1977

You're only entitled to whatever a 4 year old (but working) tv would be worth - so what proportion of the original price do you realistically think that is, if more than 1/6? You can pick up second hand tvs for pretty cheap.

morrit

user1977 said:

You're only entitled to whatever a 4 year old (but working) tv would be worth - so what proportion of the original price do you realistically think that is, if more than 1/6? You can pick up second hand tvs for pretty cheap.

That's very true, but I didn't want a refund. Just a repair. I would like my old TV back. Its a curved 55 inch 4k TV, so wasn't cheap to begin with. 

the_lunatic_is_in_my_head

OP to be clear have you specifically claimed under warranty and if so what do the warranty terms say will happen if they can't repair the TV?

If you have claimed under warranty and the terms say they offer a part refund if no repair is possible they may be able to do as they are doing (possible argument it's an unfair term). 

Would be interesting to see what the warranty says about repairs that are classed as economically unviable. 

Following up from the washing machine thread this seems to be another situation where a company is offering a service (a warranty) which could leave the consumer in a very poor position. 

The amount they've offered will probably be fair but on the low side so it's always worth counter offering, ask for a bit more than is perhaps due with the hope they meet in the middle. 

It may be difficult to actually get the TV back, only way to even start that conversation is to Google CEO email and search that site for Currys, the standard customer service reps will be "computer says no" responses. 

user1977

morrit said:

user1977 said:

You're only entitled to whatever a 4 year old (but working) tv would be worth - so what proportion of the original price do you realistically think that is, if more than 1/6? You can pick up second hand tvs for pretty cheap.

That's very true, but I didn't want a refund. Just a repair. I would like my old TV back.

Sorry, I missed this was a claim under a warranty rather than your statutory rights (are Curry's clear about that too?). If so then it depends on the terms of your warranty, which I haven't seen.

pinkshoes

Their T&Cs state:

Product Replacement
If we cannot repair your Product you will be given a Currys PC World voucher to obtain a replacement Product in one of our stores. You will have 12 months from the date of issue of the voucher to use the voucher. The value of the voucher will be based on an equivalent or similar specification product up to a maximum of your original Product purchase price. We will also provide you with a Currys PC World voucher to purchase delivery, installation and recycling (where applicable).
In some instances, at our discretion where we have directed you to a third party for a repair, a replacement product may be given by a third party instead of a voucher by us. If the third party replaces your product your Care & Repair will continue.
If we replace your laptop, 2in1 Detachable computer, PC desktops, Tablet, E-reader, Apple & Smart Watch, Printer, Scanner, Smart Tech, Apple mac or iPad we will provide you with a Walk Out Working service (further details are in the 'Walk Out Working’ section).
Apple iPads will be replaced with an Apple authorised replacement product.
Once we issue you with a Currys PC World voucher to replace your product, we will immediately cancel your Plan with effect from the date of the incident which gave rise to the repair request and you'll be entitled to a pro-rata refund of any Plan payments made for the period after the date of termination of the Plan.
If replace your Product, the original Product will become our property.

So you have agreed to them keeping your TV and you getting a voucher.

I would expect a decent TV to last 10 years (our Sony Bravia is about 19 years now and still no sign of dying yet!) so I would be arguing that a 1/6 refund is not good enough. I would suggest that at 4 years old the TV isn't even half way through it's life so be pushing for a 50% to 60% refund. 

Perhaps they broke it whilst trying to fix the problem??

neilmcl

@morrit have you actually refused the refund and asked for your TV back?

Grumpy_chap

pinkshoes said:

Their T&Cs state:

Product Replacement
If we cannot repair your Product you will be given a Currys PC World voucher to obtain a replacement Product in one of our stores. You will have 12 months from the date of issue of the voucher to use the voucher. The value of the voucher will be based on an equivalent or similar specification product up to a maximum of your original Product purchase price. We will also provide you with a Currys PC World voucher to purchase delivery, installation and recycling (where applicable).
In some instances, at our discretion where we have directed you to a third party for a repair, a replacement product may be given by a third party instead of a voucher by us. If the third party replaces your product your Care & Repair will continue.
If we replace your laptop, 2in1 Detachable computer, PC desktops, Tablet, E-reader, Apple & Smart Watch, Printer, Scanner, Smart Tech, Apple mac or iPad we will provide you with a Walk Out Working service (further details are in the 'Walk Out Working’ section).
Apple iPads will be replaced with an Apple authorised replacement product.
Once we issue you with a Currys PC World voucher to replace your product, we will immediately cancel your Plan with effect from the date of the incident which gave rise to the repair request and you'll be entitled to a pro-rata refund of any Plan payments made for the period after the date of termination of the Plan.
If replace your Product, the original Product will become our property.

So you have agreed to them keeping your TV and you getting a voucher.

I would expect a decent TV to last 10 years (our Sony Bravia is about 19 years now and still no sign of dying yet!) so I would be arguing that a 1/6 refund is not good enough. I would suggest that at 4 years old the TV isn't even half way through it's life so be pushing for a 50% to 60% refund. 

Perhaps they broke it whilst trying to fix the problem??

So, the OP has been offered 1/6th of original purchase price.

But the T's&C's says "voucher to obtain a replacement Product".

I doubt that 1/6th is sufficient to obtain an equivalent replacement product.  A 4 yo TV equivalent will now cost less than the original price 4 years ago, but is 1/6th enough?  I suspect an equivalent is around 1/2 what it would have been.  

I interpret the T's&C's of the warranty that the OP should get enough to pop into the local Curry's and buy an equivalent TV to original, or add to it and buy the latest spec equivalent replacement.

neilmcl

Grumpy_chap said:

pinkshoes said:

Their T&Cs state:

Product Replacement
If we cannot repair your Product you will be given a Currys PC World voucher to obtain a replacement Product in one of our stores. You will have 12 months from the date of issue of the voucher to use the voucher. The value of the voucher will be based on an equivalent or similar specification product up to a maximum of your original Product purchase price. We will also provide you with a Currys PC World voucher to purchase delivery, installation and recycling (where applicable).
In some instances, at our discretion where we have directed you to a third party for a repair, a replacement product may be given by a third party instead of a voucher by us. If the third party replaces your product your Care & Repair will continue.
If we replace your laptop, 2in1 Detachable computer, PC desktops, Tablet, E-reader, Apple & Smart Watch, Printer, Scanner, Smart Tech, Apple mac or iPad we will provide you with a Walk Out Working service (further details are in the 'Walk Out Working’ section).
Apple iPads will be replaced with an Apple authorised replacement product.
Once we issue you with a Currys PC World voucher to replace your product, we will immediately cancel your Plan with effect from the date of the incident which gave rise to the repair request and you'll be entitled to a pro-rata refund of any Plan payments made for the period after the date of termination of the Plan.
If replace your Product, the original Product will become our property.

So you have agreed to them keeping your TV and you getting a voucher.

I would expect a decent TV to last 10 years (our Sony Bravia is about 19 years now and still no sign of dying yet!) so I would be arguing that a 1/6 refund is not good enough. I would suggest that at 4 years old the TV isn't even half way through it's life so be pushing for a 50% to 60% refund. 

Perhaps they broke it whilst trying to fix the problem??

So, the OP has been offered 1/6th of original purchase price.

But the T's&C's says "voucher to obtain a replacement Product".

I doubt that 1/6th is sufficient to obtain an equivalent replacement product.  A 4 yo TV equivalent will now cost less than the original price 4 years ago, but is 1/6th enough?  I suspect an equivalent is around 1/2 what it would have been.  

I interpret the T's&C's of the warranty that the OP should get enough to pop into the local Curry's and buy an equivalent TV to original, or add to it and buy the latest spec equivalent replacement.

Actually even more than this, their T&Cs state "The value of the voucher will be based on an equivalent or similar specification product up to a maximum of your original Product purchase price", so unless the OP can purchase a new TV from Curry's of a similar spec for a 1/6th of the price of his old one I'd say they're not abiding by the terms of their own warranty.