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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 20
Experience:  Moderator
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We purchased a tv from currys just under 1 year ago, it has

Customer Question

We purchased a tv from currys just under 1 year ago, it has broken and we returned it to the shop to see what was wrong with it. They telephoned us and told us it was our fault and they were not prepared to fix it although they stated it ciuld be repaired for a few hundred pounds. A white block had appeared on the screen which they had stated was impact damage, but we are not aware of how this could happen. We returned to the store to uplift our broken tv last night as we know someone who could perhaps fix it for us, but on inspection, the surround was in badly scraped as if it had been placed faced own and pulled across a gritty surface, and there was large deep scratches on the screen. Our tv was back to the shop in the original packaging and there was not a mark, not even a fingerprint on it when we had taken it in. We left the tv in the shop and are returning today to speak to the manager. We telephoned the shop this morning to be told they had attempted to clean the tv, but it has damage. Can you please advise where we stand with this. ASAP please Thank you Wendy XXXXXXXXX

Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.

taratill :

Hello and welcome to Just Answer, have they acknowledged that the damage was caused when the TV was in their possession?

JACUSTOMER-3ciu39i3- : Not directly, the two assistants last night, as no manager was there, seen the damage on the tv and tried to clean it, as we were unsure if it was dirty or damaged
taratill :

Ok well there are 2 issues here, first is whether the retailer has a duty under the Sale of Goods Act to repair or replace the Television and second is regarding the damage caused by them.

taratill :

I would suggest you state that you know nothing about impact damage and can only assume the current fault with the television is a latent defect and therefore you want to exercise your right to a refund or replacement under the Sale of Goods Act (in the event that the television cannot be repaired).

taratill :

You should state furthermore that damage has been caused to the television by them and that you are not prepared to accept the television back in the state that it is in, particularly given your rights under the Sale of Goods Act.

taratill :

If they still insist that they are not liable then you should inform them that you will report the matter to Northern Ireland Trading Standards. The telephone number is(NNN) NNN-NNNN3900.

taratill :

Trading standards will give you a reference number and support with the matter. Ultimately you may need to bring a claim under the Sale of Goods Act and the courts may need to determine whether they believe that the damage was caused by you or was a latent defect. If it is the latter the Sale of Goods Act applies and you will have the right to a refund or repair.

taratill :

If you have any further questions please ask. If i have answered your question I would be grateful if you would take the time to give my answer a positive rating. Thank you and all the best.

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola