Samsung TV faulty after 3.5 years

Alderbank

BrokenTVguy said:

I mentioned my rights under the CRA...

I've started a complaint, essentially under an infringement of my consumer rights and that they are breaching the CRA...

You mentioned your rights, but have you actually made a claim under them?

As far as I can see (there are a lot of words in this thread) all your efforts so far have been focussed on Currys' warranty and as you know your statutory rights and any warranties are quite separate.

A CRA claim would be something like, 'In October 2020 you sold me a TV which had a latent fault which I am now aware of. I claim that in selling me a set with that fault you breached s9 of CRA 2015. I therefore require you to repair or replace the defective set within a reasonable time.'

As stated above, Currys' likely response to that would be that the TV had no latent faults so no breach of the Act. They might add that unlike CRA, their own warranty covers all faults other than accidental damage.

Currys' warranty formed part of the T&Cs of the contract of sale and is enforceable in law. You say there is no timeframe mentioned but in a consumer contract there is an implied contract term that the timeframe must be reasonable.
The Act has to be vague because there are so many different variables involved in the huge number of different cases which the Act is meant to cover. If it is any help, 'reasonable' is often defined as that which a reasonable person would find reasonable having regard to all the circumstances.
Specialist parts for an 8K tv made in a small production run 4 years ago might be difficult to get hold of.

It must be annoying but I think you should just stick with the warranty for now.
I don't believe you would get it fixed any quicker by making a CRA claim and you would have the extra hurdle (and delay) of proving the breach.

Others might disagree.

BrokenTVguy

Alderbank said:

BrokenTVguy said:

I mentioned my rights under the CRA...

I've started a complaint, essentially under an infringement of my consumer rights and that they are breaching the CRA...

You mentioned your rights, but have you actually made a claim under them?

As far as I can see (there are a lot of words in this thread) all your efforts so far have been focussed on Currys' warranty and as you know your statutory rights and any warranties are quite separate.

A CRA claim would be something like, 'In October 2020 you sold me a TV which had a latent fault which I am now aware of. I claim that in selling me a set with that fault you breached s9 of CRA 2015. I therefore require you to repair or replace the defective set within a reasonable time.'

As stated above, Currys' likely response to that would be that the TV had no latent faults so no breach of the Act. They might add that unlike CRA, their own warranty covers all faults other than accidental damage.

Currys' warranty formed part of the T&Cs of the contract of sale and is enforceable in law. You say there is no timeframe mentioned but in a consumer contract there is an implied contract term that the timeframe must be reasonable.
The Act has to be vague because there are so many different variables involved in the huge number of different cases which the Act is meant to cover. If it is any help, 'reasonable' is often defined as that which a reasonable person would find reasonable having regard to all the circumstances.
Specialist parts for an 8K tv made in a small production run 4 years ago might be difficult to get hold of.

It must be annoying but I think you should just stick with the warranty for now.
I don't believe you would get it fixed any quicker by making a CRA claim and you would have the extra hurdle (and delay) of proving the breach.

Others might disagree.

Thanks for the comment. I think I mentioned the CRA to them, just in terms of the reasonable time aspect. I have no intention of going down that route as it won’t be as fruitful as the warranty itself and as you mention more complex with hurdles.

I guess my issue is that they’ve essentially said they can take as long as they like to fix it and I’m wondering if I have any recourse on that - barring the CRA route. I think if I go down the CRA route, I would be looking at proving inherent faults and reduced refund due to time used etc. So, definitely will stick to their warranty - just frustrating the potentially infinite date for return…

kinger101

DullGreyGuy said:

photome said:

I know hindsight is wonderful but why do people buy TVs from Curry’s with a 1 year gtee when you can usually get the same TV for the same price or less from Richer or John Lewis with a 6 year gtee or 5 year gtee . 

Because it's only usually rather than all the time? Curry's currently have the 2023 8k 75" TV with a decent discount and RicherSounds have sold out of it (haven't checked JL). 

Both stores are also very midlands and south orientated, most want to see a TV in person first (hopefully) and so if you live in Northern England its a long trip or you buy from local shops which are likely to be Currys

Look at the TV in Currys. Decide you like it

Buy it online from a better retailer.

kinger101

sheramber said:

DullGreyGuy said:

photome said:

I know hindsight is wonderful but why do people buy TVs from Curry’s with a 1 year gtee when you can usually get the same TV for the same price or less from Richer or John Lewis with a 6 year gtee or 5 year gtee . 

Because it's only usually rather than all the time? Curry's currently have the 2023 8k 75" TV with a decent discount and RicherSounds have sold out of it (haven't checked JL). 

Both stores are also very midlands and south orientated, most want to see a TV in person first (hopefully) and so if you live in Northern England its a long trip or you buy from local shops which are likely to be Currys

Richer Sounds in the north

The North: 

Chester 

Hull 

Leeds 

Liverpool 

Manchester City Centre 

Middlesbrough 

Newcastle 

Preston 

Prestwich 

Sheffield 

Stockport 

York

But Northerners might not notice them if they're not right next door to the ironmonger.  Richer Sounds need to be more strategic and think where they might get additional footfall from people heading out to buy some hinges to repair their pigeon lofts.

born_again

York is right in city center opposite Greggs.. Never going to miss that 🤣

DullGreyGuy

BrokenTVguy said:

DullGreyGuy said:

BrokenTVguy said:
 there are virtually no 8K broadcasts. 

There is no 8k broadcasts full stop in the UK, Japan has a single channel. There is also no streaming of 8k content other than a tiny amount on YouTube which is predominately upscaled 4k content anyway. 


When our Curry's bought Samsung TV died about 4 years after purchase they simply sent a gift card code for the original purchase price of the TV. We were fortunate as it was at the start of the year when CES had announced the the new TVs for that year and so could decide to get the heavily discounted LG OLED from the prior year or wait a few months to get the new LG OLED for the current year (went for the former)

How long ago was that? I'm chatting with someone from Currys now. He says that they follow the manufacturers extended warranty policy. In Samsung's case it appears to be replace with an equivalent or as they says 'a refund'. Which if that's a credit note that would be fine - hopefully to the value I paid

Was circa 4-5 years ago.

As a 4 year old TV the original had been discontinued hence a Curry's store voucher which we used the next day for the upgrade

BrokenTVguy

Looks like the final update. A couple of days after I complained about the indefinite time line, I got a call from the repair centre from a lady who acknowledged that they had had the TV for over 28 days and that was too long. She would look to have the engineers write a report essentially writing off the TV. She gave some more detail - essentially Currys had not been able to source the part needed to fix my TV - that being being the screen itself. A pretty fundamental part, and as others have alluded to, not easy to source an 8K screen for TV that's the best part of 4 years old. 

Following on from this a few days later I received a gift card for £2,799. However, I called up and complained and pointed out that as per the T&C's of my extended warranty they were obliged to give me a gift card for a TV that was the same or similar spec. They had matched my TV with a good Samsung but a 4K one, which I pointed out was not a similar spec. So I raised a settlement dispute and a couple of days later a guy called me and asked me to confirm the problem. He then said I see there's an 8K Samsung on the website for £4,400 and he confirmed he would issue me an additional voucher for £1,600 giving me a total £4,399. A real result when I only paid £3,800 initially for the TV 3.5 years ago. 

So this process has taken 6-7 weeks but I have had a real result in the end and to be fair to Currys they have seen me right. Thanks all for the advice and for anyone going through this, it pays to be persistent and hang in there! 

Okell

Well done for persevering and for challenging the first gift card offer.

I know Currys get an awful lot of stick on these boards and although I don't use them very much I've never had any difficulty returning stuff or getting complainst sorted.

Also true of Sports Direct - at least instore.