Curry’s refusing a return within 30 days for a faulty product as they can’t reproduce the fault.

GratedMan

Hi all,

Apologies for the long post in advance, would love some advice. 

I bought a TV in-store at Curry’s on 22-Feb-2024. It’s a Ambilight Philips to replace an old Philips (which we’ve only had for 4 years prior to it becoming faulty - it was outside of warranty so we decided to buy another TV) we’ve had reservations about buying another Philips but liked the Ambilight so went against our better judgement. 

Anyway, within 2 weeks the TV developed a fault, multiple faults really. Intermittent faults, TV would get stuck on an app and you couldn’t change source without unplugging the TV and plugging it back in. It happened 3 times in the space of 2 weeks. First few times i put it down to a glitch but on the third time I recorded multiple videos showing the problem clearly. I also rung the LiveRepair video service and showed the fault live to the tech who acknowledged it’s an issue (guy was called Tim, we’ll come back to Tim later on). Just said as the item was bought in store, it had to be returned to the store. 

 

In the store they ran their diagnostic tool and said there is nothing wrong with the tv and they wouldn’t refund me. I showed them the video but they said unless they can replicate the fault they will not be able to accept the return at all. Even within the 30 days. They suggested that the TV is sent off to the engineers to be stress tested and if there is a fault they will repair it. I said if they find the fault I want a refund because I’m within the 30 days and he said that’s now how it works. Their T&Cs and Consumer Rights Act 2015 state that I can return a faulty product within 30 days, but to what extend can I quote these if they can’t replicate the fault. I’m worried that if I’m having these issues 2 weeks in and my previous Philips TV also developed issues after just 4 years I really just wanted to be done with the brand (and Curry’s to be honest) by getting a refund and buying another brand elsewhere. I’ve read horror stories about Curry’s being difficult so I have no idea what my options and rights are. 

Coming back to Tim from earlier on in the story; he said he would document the issue so it is easier for me to get a return. The store assistant managed to find the notes, the note said “Live Repair - call disconnected”, it made me really angry because the only person from Curry’s that saw the fault didn’t even bother documenting it. 

Can someone suggest what I could do?

Okell

Ignore Currys returns policy for the moment.  You have two potential remedies under consumer protection legislation.

(1)  The Consumer Rights Act 2015 (legislation.gov.uk) gives you a "short term" right to reject within 30 days of purchase for a full refund - provided you can show the TV is faulty.

If currys take it in for repair or investigation within that first 30 days, the 30 day clock stops ticking until you get the TV back, when the clock starts ticking again

So you could let Currys take it to look at it, and if they confirm a fault you could just demand a full refund.  If they don't confirm a fault then...

(2)  The above legislation also creates a legal presumption that if an item fails within 6 months of purchase, then it must have been faulty at purchase, unless the seller can prove otherwise.  If they can't prove otherwise, they are allowed one attempt (and one only) at either repairing or replacing the TV.  If that one attempt fails you can demand a refund.

If it fails after 6 months, you will need to establish that it is faulty and if it is, you will only get a partial refund to take account of the use of it.

I'd be inclined to let Currys look at while you are still within 30 days.  If they agree it's faulty you can demand a full refund.  If they don't agree it's faulty wait and see if it fails again.

See what other posters say.  I'm sure some people will have different  - and perhaps better - suggestions than I have

GratedMan

Okell said:

Ignore Currys returns policy for the moment.  You have two potential remedies under consumer protection legislation.

(1)  The gives you a "short term" right to reject within 30 days of purchase for a full refund - provided you can show the TV is faulty

If currys take it in for repair or investigation within that first 30 days, the 30 day clock stops ticking until you get the TV back, when the clock starts ticking again

So you could let Currys take it to look at it, and if they confirm a fault you could just demand a full refund.  If they don't confirm a fault then...

(2)  The above legislation also creates a legal presumption that if an item fails within 6 months of purchase, then it must have been faulty at purchase, unless the seller can prove otherwise.  If they can't prove otherwise, they are allowed one attempt (and one only) at either repairing or replacing the TV.  If that one attempt fails you can demand a refund.

If it fails after 6 months, you will need to establish that it is faulty and if it is, you will only get a partial refund to take account of the use of it.

I'd be inclined to let Currys look at while you are still within 30 days.  If they agree it's faulty you can demand a full refund.  If they don't agree it's faulty wait and see if it fails again.

Thanks for your reply. Gives me something to think about.

For 1) Is a recorded video showing the fault considered me being able to show that the TV is faulty.