Legally, where do I stand here?

Discussion in 'Finance, Property, Law' started by Bagster, Oct 12, 2006.

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  1. Less than a fortnight ago, I bought a plasma tv from Curry's, only a small one; 22" to be precise, with a built in DVD player.

    I've only played 4 dvd's and the motor's gone, meaning that I can't eject the DVD. I phoned the store to be met with total indifference. They refuse to send out someone to repair it because it's less than 24".

    They said I could take it into the store tomorrow, and they'd exchange it, as long as I had the manual and leads that came with it. I explained that I'd removed the box and packaging and they said that that wouldn't be a problem as long as I had the manual and leads.

    The problem is that they don't have the same model in stock, and the nearest store that does is about 50 miles away. I asked whether they could get it sent up and they said no, that Curry's doesn't do that. The next model up from mine is an extra 50 quid, not much I know, but I don't see why I should be being made to buy something more expensive than my original purchase. Now my question is, even though I don't have the packaging, but do have everything else, and the item is faulty and well within the guarantee, do I have the right to tell them to fcuk off and demand a refund and go and buy elsewhere??
     
  2. It doesn't work, yes.

    Service appears to be the problem here, I ordered a 42 inch palsma from Currys, it wasn't in stock so the manager of currys chatted with another store manager 40 miles away and he delivered it personally in his motor at the end of the day

    I digress, you are fully within your rights, the currys gimps obviously failed to get any jiggy jiggy at the weekend and are being Knobs
     
  3. I'd say yes. I had a similar problem with a washing machine. The store told me to contact the manufacturer to get it repaired. I phoned the manufacturer and kicked up a stink pointing out that the machine was only 10 days old, they decided not to send out an engineer and gave me a code to give to the customer desk which athorised them to give me a brand new replacement but of a higher standard, the next model up basically.

    Try it, you never know.
     
  4. ViroBono

    ViroBono LE Moderator

    You should be able to reject the TV under the Sale of Goods Act as it is not of satisfactory quality (you should reasonably expect it to operate fully for more than 2 weeks), and not fit for purpose (you reasonably expect to be able to play DVDs). Your contract is with the retailer, and Curry's obligation is to repair, replace or refund at your choice. If they can't supply you with a replacement, they will have to give you a refund if that's what they want.

    If they don't play ball, contact your local Trading Standards Department.
     
  5. Try this link

    Sale of Goods - Trading Standards

    A couple of extracts from it:

    "the repair or replacement must be carried out within a reasonable time and without causing significant inconvenience to the consumer. If this does not happen or the repair or replacement is not possible, then the consumer can rescind the contract (claim a refund) or request a reduction in purchase price."

    "If you are claiming the remedies of repair or replacement within the first six months after purchase, it is for THE TRADER to prove that the goods conformed to the contract at the time of sale."

    You should be still covered for repair / replacement under the guarantee.

    You are also entitled to "just and fair" compensation for travel to and from the shop. This may cover the 100 mile round trip to upgrade to the next model!

    Hope this helps.
     
  6. They are in breach of the Sale of Goods Act 1979 which concerns those terms which are implied by statute into a contract (i.e. goods shall be of a statisfactory quality, durable and fit for the purpose for which they are designed). Implied terms are enforceable so if they do not replace the item then you can sue for breach of contract. You will win by default as certain terms carry a "strict liability" within contract law (so you do not have to prove that Currys were at fault, and it would not matter if they were not).

    You do have the right to a replacement, but not if this means that Currys will be out of pocket due to the expense incurred of travelling to another store, (many stores will do this as a matter of customer service, but they are not obliged to). You therefore have the right to a replacement of equivalent value or a refund.

    You must tell them this at the first available opportunity - if you get no joy, post again, and I will provide chapter and verse of the case law that backs all this up, you can then fire off a letter to Dixons Stores Group, of whom Currys are a memner.

    You will not have the right to a refund, if at the point of sale it was made clear to you that only an equivalent replacement was avaialable in the event of a fault.
     
  7. guys, you have all been outstanding, although my wife is now giving it some "I told you we could". Really put my mind at rest though.

    Thanks again.
     
  8. a 22" plasma? do you not mean LCD?

    never heard of a plasma that small before!! plasmas should be swerved anyway, LCD's are a lot better.
     
  9. Whatever the legal situation forget talking to the store.

    My experience with Dixons Group is that local managers are not helpful but head office is.

    Write to Chairman with copies to Marketing Directors (names from Dixons Group Website) detailing the problem). I have done this twice. Once with Hi-fi kit which resulted in Dixons director visiting my home, taking me to the store and telling the manager to exchange kit, for what I wanted.

    The second time, last year, I bought some computer components which would not work and no way of discovering which item was at fault. Store said its my fault and I would have to pay to fix the problem. One letter resulted in apologetic phone call from Head Office followed by grovelling call from store manager who arranged for taxi to pick up my kit, fixed the problem and upgraded it at no charge and returned it to my house by taxi the next day.

    Finally manager phoned to check I was happy and gave me his personal mobile number to phone if I had any problems.
     
  10. Result........!

    Good one.