Section 75 advice please (Reject Repair?)

anthonyml

DullGreyGuy said:

anthonyml said:

grumpy_codger said:

My understanding is that the warranty is Samsung's, not Curry's and the wording "exchange ... or provide you with a refund" implies a full refund.

If so, this warranty has nothing to do with s75 that makes the CC company jointly liable together with the supplier, not  the manufacturer. 

So, I think, there are two independent options:

• warranty and full refund from the manufacturer
• CRA/s75 and partial refund from the supplier

Thank you, but I believe that the waranty is provided by Currys paticularly as they have repaired the TV themselves on 2 previous occasions.
The fact that they have stated it is just an extension of the standard Samsung waranty may be helpful though? as you stated-  the Samsung waranty does refer to full refund.

https://www.currys.co.uk/services/care-services/care-and-repair/care-and-repair-terms.html

I would have thought it was more likely to be their own terms like the above which states that you would be entitled to a voucher for an equivalent model up to a maximum of what you paid for the original. 

Looking at Curry's website their 75" Samsung start at £619 which may well be fairly close to a 5 year old TV but you'd need to compare features. 

At this point I would just be happy to have a resolution to be honest.

anthonyml

Hi All - Just an update on this situation and my section 75 claim - I would appreciate any further advice. 

1. Currys still have the TV and have done since the 3rd July, i have complained to them and the have given me a final response letter stating that i need to wait, it takes as long as it takes, nothing else they can do. (They have confirmed the TV needs a new screen they are trying to source)

2. Halifax have responded to my section 75 claim and stated that i need to organise for Currys to return the TV to me and get an independent report on what is wrong with the TV and whether it can be repaired. Once I have organised this, Halifax will organise the TV to be repaired, if it cant be repaired they will organise a like for like replacement, if a replacement cant be found they will refund the Pro Rata amount for years of use vs life expectancy etc.

I guess my main question with this, is - is it my responsibility to organise with Currys to return the TV back to me? or should i go back to Halifax and agree with what they are suggesting, but inform them that if they require this, it is for them to organise not me? (Or is it down to me?) 
If Currys dont return the TV to me and i have taken responsibility to organise its return, where will this leave me?

Or should i refuse whaat Halifax are offering and escalate with the FOS?

Many Thanks
Mark 

 

retiredbanker1

It is up to you.
What Halifax are asking for is not unreasonable.

martinbainbridge1975

If the tv has had the same fault on 3 occasions. if currys are not willing to refund the tv should be replaced.

Consumer rights will say you are entitled to repair, refund or replacement, 3 attempts to fix a recurring fault means they have had more than a fair chance to rectify the issue, so the other options should be looked at.

Curry's are shocking when it comes to aftercare, I bought a macbook laptop that was faulty, even within the first 14 days they were saying it has to go away for repair.

Stand your ground and keep at them - get in touch with the crusader at Daily Express i've found them helpful in the past 

MyRealNameToo

anthonyml said:

Hi All - Just an update on this situation and my section 75 claim - I would appreciate any further advice. 

1. Currys still have the TV and have done since the 3rd July, i have complained to them and the have given me a final response letter stating that i need to wait, it takes as long as it takes, nothing else they can do. (They have confirmed the TV needs a new screen they are trying to source)

2. Halifax have responded to my section 75 claim and stated that i need to organise for Currys to return the TV to me and get an independent report on what is wrong with the TV and whether it can be repaired. Once I have organised this, Halifax will organise the TV to be repaired, if it cant be repaired they will organise a like for like replacement, if a replacement cant be found they will refund the Pro Rata amount for years of use vs life expectancy etc.

I guess my main question with this, is - is it my responsibility to organise with Currys to return the TV back to me? or should i go back to Halifax and agree with what they are suggesting, but inform them that if they require this, it is for them to organise not me? (Or is it down to me?) 
If Currys dont return the TV to me and i have taken responsibility to organise its return, where will this leave me?

Or should i refuse whaat Halifax are offering and escalate with the FOS?

Can Currys not confirm what's wrong with the TV and the fact that they think its repairable but are unable to source a replacement screen?

anthonyml

MyRealNameToo said:

anthonyml said:

Hi All - Just an update on this situation and my section 75 claim - I would appreciate any further advice. 

1. Currys still have the TV and have done since the 3rd July, i have complained to them and the have given me a final response letter stating that i need to wait, it takes as long as it takes, nothing else they can do. (They have confirmed the TV needs a new screen they are trying to source)

2. Halifax have responded to my section 75 claim and stated that i need to organise for Currys to return the TV to me and get an independent report on what is wrong with the TV and whether it can be repaired. Once I have organised this, Halifax will organise the TV to be repaired, if it cant be repaired they will organise a like for like replacement, if a replacement cant be found they will refund the Pro Rata amount for years of use vs life expectancy etc.

I guess my main question with this, is - is it my responsibility to organise with Currys to return the TV back to me? or should i go back to Halifax and agree with what they are suggesting, but inform them that if they require this, it is for them to organise not me? (Or is it down to me?) 
If Currys dont return the TV to me and i have taken responsibility to organise its return, where will this leave me?

Or should i refuse whaat Halifax are offering and escalate with the FOS?

Can Currys not confirm what's wrong with the TV and the fact that they think its repairable but are unable to source a replacement screen?

Hi,
Currys have confirmed in writing that the TV requires a new screen, they have stated that the extended waranty does not specify a timescale for repairs, so I just have to wait, but at the moment they are unable to source a new screen to complete the repair, so I could have to wait for an indefinite period

MyRealNameToo

At some point they will give up and write it off. 

Took longer than I'd have liked with my Samsung TV but in the end got a voucher worth its original purchase price at the tail end of the year (when TVs are substantially discounted given the new models are announced as CES in early January) so got a brand new TV with a new warranty at a great price. At the time of getting the Samsung I wanted the LG but it was 50% more expensive. The wait was annoying but the result was great.

anthonyml

Just wanted to update on here, Currys continued to stall and state that parts were unavailable. Halifax asked me to get the TV returned and get an independent report, which I did, the report stated it was beyond economic repair and parts not available. Halifax then agreed to pay me £1695 for my section 75 claim, enough for me to purchase a replacement TV so a result really.

QrizB

Glad to hear that you got a satisfactory outcome, even if it took more work than it really needed!