Faulty tv

[Linnet]

Apologies this may be long.

We bought a smart tv on February 10th it would turn off by itself occasionally or back on by itself or it would freeze and then it stopped working completely on the evening of August 6th. On August 7th, within the first 6 months, we took it back to the shop and I asked to return it as it was faulty and they told us they had to send it away for repair.

I objected but they wouldn’t budge so it was booked in on the 7th. We were told it would be back by the 20th, then we were told by text on the 18th that it had been delayed. So we went down to the shop where they said it would arrive today, 21st, and told us it had been repaired. I asked what had been done to it and they gave us a print out which says that they have replaced the screen, the casing, the on/off button and the remote control as none of these were working.

We also took out a repair and protection policy on it which, when I looked it out and checked it states that they promise to fix it within 7 days and the 7 days starts on the day it’s booked in at the store. If it’s not done within 7 days we are entitled to a replacement.

I couldn’t get to the shop today to pick it up as I was working but I’m going tomorrow. Can I refuse to accept it back and insist that they give us a brand new replacement?
I’m really not happy that they have had to replace so much of a brand new tv that was less than 6 months old, if it was fit for purpose surely it wouldn’t have needed so much fixed. Plus they haven’t fixed it and got it back to us within the 7 day promise.

How did you pay for it? We bought a TV using a credit card, had lots of issues with it and the retailer wouldn't budge. We ended up contacting the credit card company who gave us a full refund under section 75 ruling.

I paid with my credit card. So if they refuse to give us a replacement tv or a refund can I contact my. Credit card company to do a refund?

You can get a refund by going to the credit card company who will reclaim from the retailer, but that bit's not your problem.

Alternatively, you could cite the EU directive that gives a 2-year guarantee on electrical products. Works for kindles.

Or contact trading standards.

We were surprised how easy it was with the CC company. We just phoned them up, explained what had happened, they emailed us a form to fill out. Within a week or so we had a full refund, plus the satisfaction of sticking two fingers up at the retailer.

My plan is to speak to the manager and explain everything and say that I don’t want the repaired one back and I’d like a replacement as it says we are entitled to under our repair protection policy since they didn’t fix it within 7 days. If they refuse the replacement I’d like to ask for a refund since it wasn’t fit for purpose and they didn’t honour the 7 day fix promise. If that still doesn’t work I’m going to tell them that I’ll go to the trading standards.

If it gets to that stage do I then take the tv home with me and contact them or do I leave it in the store as a rejected collection? Can I I even do that?

It's not curry's is it? We had an awful time getting a tv repaired there where eventually they had to admit to losing it and giving us the money back. Three months of back and worth and rubbish about when it would be ready.

As you have the repair document that states they should replace - hold them to it

They have repaired your TV but because you cannot get down to collect it you want a new one?

There is some poor advice on this thread.

You were outside the short term right to reject - that is only 30 days from purchase. The retailer is therefore correct that you had to give them the chance to repair or replace the goods. However, if the repair is unsuccessful you can reject the TV and get a full refund. You can refuse to take the repaired TV from them, but they do not have to give you a refund in that situation.

You should collect the repaired TV and see if it works. If it doesn't you can get a refund, although the retailer may be able to deduct some of the cost to reflect your use of the TV.

I would be surprised if you got a refund from your credit card provider in the current situation. You might but, as things stand, you are not entitled to a refund.

The repair and protection policy is a separate matter. Your rights there are against the provider of the policy, not the retailer (unless, of course, the retailer provided the policy). Without seeing the policy I am not going to speculate as to your rights. It may be, for example, that you had to take the TV to a different repair shop that was contracted to the insurer rather than returning it to the original retailer.

@premiumshoes

They have repaired your TV but because you cannot get down to collect it you want a new one?

No I don’t want them to replace it because I couldn’t get down to get it. I want them to replace it because I’ve paid for a policy that states they will fix it within 7 days which they didn’t do and if they don’t do that we are entitled to a replacement tv.

@welshladywhois40

It's not curry's is it? We had an awful time getting a tv repaired there where eventually they had to admit to losing it and giving us the money back. Three months of back and worth and rubbish about when it would be ready.

As you have the repair document that states they should replace - hold them to it

Yes it is curry’s. The policy we paid for states a 7 day fix promise. The 7 days starts when it is checked in to the store so I feel they should honour that.

@prh47bridge

There is some poor advice on this thread.

You were outside the short term right to reject - that is only 30 days from purchase. The retailer is therefore correct that you had to give them the chance to repair or replace the goods. However, if the repair is unsuccessful you can reject the TV and get a full refund. You can refuse to take the repaired TV from them, but they do not have to give you a refund in that situation.

You should collect the repaired TV and see if it works. If it doesn't you can get a refund, although the retailer may be able to deduct some of the cost to reflect your use of the TV.

I would be surprised if you got a refund from your credit card provider in the current situation. You might but, as things stand, you are not entitled to a refund.

The repair and protection policy is a separate matter. Your rights there are against the provider of the policy, not the retailer (unless, of course, the retailer provided the policy). Without seeing the policy I am not going to speculate as to your rights. It may be, for example, that you had to take the TV to a different repair shop that was contracted to the insurer rather than returning it to the original retailer.

We bought the policy from the retailer when we bought the tv.

It states that there is a 7 day fix promise which starts the day the item is booked in to the store for repair. They have not fixed it within the 7 days therefore they haven’t honoured their own policy which they sold us. It clearly states a that if they don’t do this we are entitled to a replacement tv.

No I don’t want them to replace it because I couldn’t get down to get it. I want them to replace it because I’ve paid for a policy that states they will fix it within 7 days which they didn’t do and if they don’t do that we are entitled to a replacement tv.

Then you should have claimed on said policy initially.

Your OP does say they have repaired it and you couldn't get down to collect it.

The fact that you bought the policy from the retailer would not be relevant if the policy was actually provided by an insurance company. However, as we are dealing with Currys, this is their own extended warranty so your rights under that warranty are against them. Having checked the terms of their policy I can see that there is a process you have to follow for the 7 day fix promise to kick in. You have to contact them using the contact details in section J of the terms and conditions. You did not follow that process. Currys may therefore be able to argue that you are not entitled to a replacement (which, in any case, is just a voucher, not an actual replacement). Also, if they give you a voucher it cancels the warranty. You would be entitled to a partial refund of the cost but you would have to pay for a new warranty if you want the replacement covered.

In my view you will be in a better position if you take the TV back. The extended warranty will still apply and you will still have your Consumer Rights Act rights. If the repaired TV is still faulty you will be able to reject it and get a refund.