Currys - Small Claims Court

Manxman_in_exile

Graeme1978uk said:

Manxman_in_exile said:

You might be being unreasonable in your expectations because you don't seem to know what the 5 year guarantee covers because you don't have any paperwork for it.

For example, you seem to be assuming that if your TV becomes unrepairable then you are entitled to a like for like replacement.  But that's only an assumption on your part because you've got no documentation to point to to support that claim.

Is there any way you can get confirmation from currys or Sony as to what the guarantee should cover?

In terms of evidence that you do have, you say you have a text message or something from Currys confirming that your purchase included a 5 year gurantee?  Well that's good evidence.  Do you also have a copy of that printout from Currys showing that your TV was sold with a 5 year warranty?  

I'd say that's all good evidence but might not be enough to win you a court claim.  Up to you whether it's worth pursuing further.  I think I'd want to find out what the terms of this guarantee would have entitled you to.

I'm not sure you've answered this question, but was it a condition of the guarantee that you register it with Sony (or Currys) and did you do so?  Or don't you know if it was a condition because you didn't have any paperwork?

I have 2 messages from Currys, one on Facebook the other on Twitter confirming the 5-year guarantee and I do have the printout from store that states the model was sold with a 5-year guarantee. It's all good evidence but not brilliant I suppose.

You are right that the 'like for like' is an assumption on my part because you are correct that I don't have the paperwork to confirm what it does or doesn't include which is where my case potentially has a flaw. I just know that it was sold with a guarantee that I can get neither Sony nor Currys to honour and my legal options seem to be limited.

I can confirm the TV was registered with Sony upon purchase.

Have you made a formal complaint to Currys pointing out that although their technical dept deny that you have ever had a guarentee that (1) the 5 year guarantee was one of your reasons for buying from them in the first place, (2) that you have messages on Facebook and Twitter from currys confirming that your purchase came with a 5 year gurantee, and (3) that the store has given you a printout confirming that your TV was sold to you with a guarantee?

I'm sure that currys no doubt have a very thick skin, but I'd have thought they'd prefer to come to some settlement with you rather than have to explain to a court why they had apparently deliberately misled you by giving you two (or is it three?) false confirmations that your TV was covered by a 5 year guarantee.  (That's all assuming you complied with the gurantee conditions.)

If they tell you to go away it's up to you whether you think it worth pursuing a court claim or not.  You might win, you might lose...

Manxman_in_exile

Graeme1978uk said:

... Currys initially told me that the guarantee was managed by Sony, but when I logged the issue with them they advised me in writing on several occasions that Currys were not participating in any 5-year guarantee promotion at that time and that the responsibility is with Currys....

So you also have written evidence from Sony that there was no guarantee promotion with currys when you bought the TV?

Do you have anything in writing from Currys apparently telling you there was a guarantee with Sony?

As others have suggeted you could try asking Sony very nicely whet the terms of the guarantee would have been - if it had existed...

macman

Graeme1978uk said:

macman said:

What is the value of your claim? I'd be tempted to risk the fee and go through small claims anyway: for a few hundred it is hardly worth them contesting the claim. You would appear to be able to demonstrate that you purchased this on the understanding that it came with a 5 year warranty. That may be good enough.

It's hard to say. I'd have to pay to have the TV assessed for repair cost first, then establish if it is economically viable to do so. My conversations with Sony on the matter suggest it would be unlikely a replacement panel for a 4 year old TV would be available.

If we say £100 for a repair assessment, the original TV purchase price was £649 but I would expect a replacement would cost lower as the technology has advanced (It's a 49" 4K HDR).

If I say £450 for a TV and £100 repair assessment so £550 all in? It's a bit guesswork until I've actually had it assessed.

I thought the technical report had already been done? So for £550 it'll cost you £70 plus the report cost to make your claim. Only you can decide if you want to pursue the claim, no-one can tell you if it will succeed.

born_again

macman said:

Graeme1978uk said:

macman said:

What is the value of your claim? I'd be tempted to risk the fee and go through small claims anyway: for a few hundred it is hardly worth them contesting the claim. You would appear to be able to demonstrate that you purchased this on the understanding that it came with a 5 year warranty. That may be good enough.

It's hard to say. I'd have to pay to have the TV assessed for repair cost first, then establish if it is economically viable to do so. My conversations with Sony on the matter suggest it would be unlikely a replacement panel for a 4 year old TV would be available.

If we say £100 for a repair assessment, the original TV purchase price was £649 but I would expect a replacement would cost lower as the technology has advanced (It's a 49" 4K HDR).

If I say £450 for a TV and £100 repair assessment so £550 all in? It's a bit guesswork until I've actually had it assessed.

I thought the technical report had already been done? So for £550 it'll cost you £70 plus the report cost to make your claim. Only you can decide if you want to pursue the claim, no-one can tell you if it will succeed.

But after 4 years. How do you come to £550 on a TV that only cost £649. Which given a 6 year life span could only be worth £200 ish

Manxman_in_exile

born_again said:

macman said:

Graeme1978uk said:

macman said:

What is the value of your claim? I'd be tempted to risk the fee and go through small claims anyway: for a few hundred it is hardly worth them contesting the claim. You would appear to be able to demonstrate that you purchased this on the understanding that it came with a 5 year warranty. That may be good enough.

It's hard to say. I'd have to pay to have the TV assessed for repair cost first, then establish if it is economically viable to do so. My conversations with Sony on the matter suggest it would be unlikely a replacement panel for a 4 year old TV would be available.

If we say £100 for a repair assessment, the original TV purchase price was £649 but I would expect a replacement would cost lower as the technology has advanced (It's a 49" 4K HDR).

If I say £450 for a TV and £100 repair assessment so £550 all in? It's a bit guesswork until I've actually had it assessed.

I thought the technical report had already been done? So for £550 it'll cost you £70 plus the report cost to make your claim. Only you can decide if you want to pursue the claim, no-one can tell you if it will succeed.

But after 4 years. How do you come to £550 on a TV that only cost £649. Which given a 6 year life span could only be worth £200 ish

@macman is using the figure the OP gave him.

The OP is assuming that the guarantee would have entitled him to a like for like replacement and he is assuming that to buy one of those himself would cost, say, £450.  He is further assuming that it would cost about £100 to get a report confirming that the TV is beyond economic repair.

The sums are not based on a discounted refund to account for 4 years of trouble free use.  They're based on the guesstimated cost of a new like for like replacement.

Graeme1978uk

born_again said:

macman said:

Graeme1978uk said:

macman said:

What is the value of your claim? I'd be tempted to risk the fee and go through small claims anyway: for a few hundred it is hardly worth them contesting the claim. You would appear to be able to demonstrate that you purchased this on the understanding that it came with a 5 year warranty. That may be good enough.

It's hard to say. I'd have to pay to have the TV assessed for repair cost first, then establish if it is economically viable to do so. My conversations with Sony on the matter suggest it would be unlikely a replacement panel for a 4 year old TV would be available.

If we say £100 for a repair assessment, the original TV purchase price was £649 but I would expect a replacement would cost lower as the technology has advanced (It's a 49" 4K HDR).

If I say £450 for a TV and £100 repair assessment so £550 all in? It's a bit guesswork until I've actually had it assessed.

I thought the technical report had already been done? So for £550 it'll cost you £70 plus the report cost to make your claim. Only you can decide if you want to pursue the claim, no-one can tell you if it will succeed.

But after 4 years. How do you come to £550 on a TV that only cost £649. Which given a 6 year life span could only be worth £200 ish

It’s a ball park figure by me of what it would cost to replace with equivalent specification (should the warranty terms that I can’t see be of that level)

Graeme1978uk

Manxman_in_exile said:

So you also have written evidence from Sony that there was no guarantee promotion with currys when you bought the TV?

Do you have anything in writing from Currys apparently telling you there was a guarantee with Sony?

As others have suggeted you could try asking Sony very nicely whet the terms of the guarantee would have been - if it had existed...

Yes I have the written confirmation from Sony, I even E-mailed them again today and asked them to re-check which they have done.

I’ve done some digging today on other promotional warranty offers for Sony TV’s and it’s been on a  ‘repair or replace’ basis.

 

powerful_Rogue

Graeme1978uk said:

Manxman_in_exile said:

So you also have written evidence from Sony that there was no guarantee promotion with currys when you bought the TV?

Do you have anything in writing from Currys apparently telling you there was a guarantee with Sony?

As others have suggeted you could try asking Sony very nicely whet the terms of the guarantee would have been - if it had existed...

Yes I have the written confirmation from Sony, I even E-mailed them again today and asked them to re-check which they have done.

I’ve done some digging today on other promotional warranty offers for Sony TV’s and it’s been on a  ‘repair or replace’ basis.

 

You need to find the T&C's of the offer that would have applied to your purchase.

born_again

Graeme1978uk said:

born_again said:

macman said:

Graeme1978uk said:

macman said:

What is the value of your claim? I'd be tempted to risk the fee and go through small claims anyway: for a few hundred it is hardly worth them contesting the claim. You would appear to be able to demonstrate that you purchased this on the understanding that it came with a 5 year warranty. That may be good enough.

It's hard to say. I'd have to pay to have the TV assessed for repair cost first, then establish if it is economically viable to do so. My conversations with Sony on the matter suggest it would be unlikely a replacement panel for a 4 year old TV would be available.

If we say £100 for a repair assessment, the original TV purchase price was £649 but I would expect a replacement would cost lower as the technology has advanced (It's a 49" 4K HDR).

If I say £450 for a TV and £100 repair assessment so £550 all in? It's a bit guesswork until I've actually had it assessed.

I thought the technical report had already been done? So for £550 it'll cost you £70 plus the report cost to make your claim. Only you can decide if you want to pursue the claim, no-one can tell you if it will succeed.

But after 4 years. How do you come to £550 on a TV that only cost £649. Which given a 6 year life span could only be worth £200 ish

It’s a ball park figure by me of what it would cost to replace with equivalent specification (should the warranty terms that I can’t see be of that level)

But with no proof of what this Guarantee or warranty actually said. You are simply guessing it would be this & not the usual % if unable to repair/replace.

What do Sony's warranty say on the matter? Should be able to get them given the TV was registered. 

Graeme1978uk

Just a minor update, I now have a copy of the Sony terms and conditions that would have applied had Currys been participating in the Sony Extended Warranty. It does cover a replacement if...

a) we cannot obtain the spare parts to repair it;

or

b) we can replace it for less than the cost of the repair