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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I brought a TV from currys in October last year. Since then

Customer Question

I brought a TV from currys in October last year. Since then it's been repaired 3 times. It last broke down last week and was due to be returned to us on Wednesday of this week. Since being taken away for repair and us getting it back we learned that we can ask for a new replacement instead of getting repaired again. So when it was delivered back on Wednesday we rejected it and asked for a new TV set.Currys are giving me the run around, first of all go back to store and ask the manager for a replacement. That didn't work. They put me through to Panasonic, did that and they said I had to talk to currys again and ask them to contact Panasonic and tell them about the repairs carried out. Called currys again and asked them to contact Panasonic with the details of the repairs, customer service said they will talk to tech and get back to me. That never happened.I'm being fobbed off and passed from pillar to post. What are my rights regarding getting a new TV to replace the 8 month old to that's still under warranty and now been repaired 3 times. All currys want to do is get me to buy more cover for the TV even though it's still under manufacturers warranty. They say that this warranty only covers repairs.Please advise.Ramon Sully
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
Any idea when I can expect an answer ?
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Do you simply want replacement TV at this stage?

Customer: replied 7 months ago.
Hi BenWe like the TV! It's perfect for our requirements. We've only had it 8 months and it's been repaired 3 times. Our concern is, what happens when the 12 month warranty runs out, this could cost us a lot of money to keep fixing. I think a new replacement is the answer and we'd want a new 12 month warranty with this as well.Ramon
Expert:  Ben Jones replied 6 months ago.

Hello Ramon, when a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when you receive them;

· as described – they must match any description given to you at the time of purchase; and

· fit for purpose – they should be fit for the purpose they are supplied for,

If they do not match the above requirements, you will have certain legal remedies against the seller. Your rights will not be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods do not meet the criteria mentioned above, you will have the following rights:

1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.

2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.

A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale.

As you are outside of the initial 30 days and are too late to reject them, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow should they refuse this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Hi BenI think my rights may be with the manufacturer as the TV is still under the 12 months warranty. The rule you mentioned about a fault within 6 months where the law assumes they did not meet statutory requirements, well, we had 2 faults within this period (3 within 8 months)Currys passed me onto Panasonic, the manufacturers, and they said i had to call Curry's Customer Service and ask them to forward on details of the repairs. I did this and Curry's then wanted to pass me onto their Tech Support. I told Curry's Customer Service that the Tech Support wasn't very helpful and wanted to keep passing me back to Customer Service.I asked for someone to call me back (this was Thursday) and they never. I also asked them to call me back on a previous occasion but they never did then.Do I still call Curry's as mentioned above, or shall I contact Panasonic (if I can get get the right number) and see what they say ?Ramon
Expert:  Ben Jones replied 6 months ago.

You will have two sets of rights - one against the seller and one against the manufacturer. Each is separate and will not depend on the other. Your statutory rights are only against the seller - the rights against the manufacturer are solely under a warranty. So even after the expiration of the warranty you will be able to rely on your rights against the seller.

In effect what you would be doing is trying to pursue the seller for compensation of obtaining a replacement set or for having to repair the existing one again. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 6 months ago.
Hi BenCurrys are saying the law changed in October last year and it's not covered under the consumer rights law 2015 It may be under the sales of goods act ?
I brought the tv before it changed (I think) and I'm not covered according to currys. I was quoted "if the to has a fault with in six months we should have asked for a new set within that six months not eight months later"Please advise about the changes to to law and what my next step should be.Ramon
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 6 months ago.

Sorry I responded by accident. Please do bear with me and I will get back to you as soon as possible. Thank you.

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