Currys TV faulty

[mars3424234]

Hi,

 

I purchased a Samsung TV for about £600 from Currys in store, 3 years later half the screen is dark and barely visible and it is a well known issue online that this happens after 2-3 years for this TV.

 

I don't have the receipt but the price is on my bank statement. I have spoken with TV repairers and they said it could be one or more issues and they charge a diagnostic fee.

 

Do I start by sending a letter of claim to Currys claiming the full cost of the TV and let them come up with a solution? I am a bit worried if they collect the TV they may tamper with it to sabotage my case..

 

Thank you in advance

[BankFodder]

At three years old you will need an independent report which describes the fault and suggest a solution with the cost.

If you have to bring a claim against Currys – and you probably will – in the end you will only be entitled to claim for the unexpired expected lifespan of the television. So, for instance, if the expected lifespan of the television is 10 years then your three years of use amounts to 30% of it and that means that you would be entitled to claim 70% of the new cost.

The way to create a liability for Currys in respect of the fault, is to write to Currys and complain about the television and tell them that it has not remained in a satisfactory condition for reasonable period of time and therefore you want them to accept responsibility for it and to repair it.

They of course will refuse to do anything about it. You should then give them notice that as they are attempting to avoid the responsibilities under the consumer rights act, you are preceding to get the television independently assessed and you are putting them on notice that there may be a fee for this assessment and if there is then you will be claiming that back from them – as well as the cost of repairs.

It's important to establish a paper trail – and as long as you keep them notified of everything you are doing it will then be very difficult for them to challenge you when is confirms that there is a defect, that you were reasonable in getting an independent report and you are reasonable in incurring the fee – as they had been fully informed as to all of this.

Let us know what happens

[mars3424234]

Thank you so much for your help

 

Currys responded by email : 

 

 

"I am sorry to hear about the problems you are experiencing. We can can do for you is arrange for your television to be to be collected from your home and assessed at our Repair Centre, where our engineers will determine the cause of the fault. This service is ?95.

 

Once the television has been assessed, the engineer will be able to advise if it has developed a premature fault or has a manufacturer's defect. In these circumstances the ?95 payment will be refunded back to you and your TV repaired free of charge. If the television does not have a manufacturing defect, we will contact you and offer a chargeable repair. This price will be confirmed when you are contacted. The ?95 you have paid would be non-refundable. The request for this service must be made by the registered purchaser of the product.

 

If you wish to go ahead with this, please call us on 0344 561 1234 (UK) / 1890 818 575 (ROI), when you are with the item. Lines are open 24 hours a day, 7 days a week."

 

 

What should I do now? Is there any other route I can take as I am worried they may tamper with it?

 

I could take videos of the TVs condition while they take the TV to ensure they don't smash it up and blame me for it.

 

I noticed they haven't mentioned anything about the redelivery which I shouldn't have to go through as it's their fault.

 

 

 

 

 

 

Edited November 8, 2021 by mars3424234

[BankFodder]

Yes you should certainly take pictures of the condition of the television and also of the screen problem.

Then I suggest that the way forward is

 

Quote

Dear XXX

I have received your proposal and I am going along with it only because I don't think I have any other choice but don't imagine that I agree.

The television has not remained in a satisfactory condition for a reasonable period of time and I am letting you have it for inspection by your engineers along with the £95 so that in the event that you say you want to charge me for a repair, that I know precisely how much I'm going to sue you for in the County Court.

Please let me know what the arrangements are for collection of the TV by you so that it can be inspected by your engineers.

Yours sincerely

 

[mars3424234]

I called their number several times but their line keeps hanging up.

 

• i email currys technical email saying i couldnt get through and asked for the arrangements for pickup
•  
• currys emails me and asks me to try and call again
•  
• i email currys repeating myself saying line hangs up, ask for arrangements to be sent in their next reply
•  
• currys emails me again with the same email
•  
• i email currys putting them on notice that i have given them multiple chances to tell me the arrangements, and that i will get independent assessment for tv in 7 days if they dont provide arrangements.
•  
• currys sends the same email

Got a quote for £120 by another tv expert to pickup and give assessment

 

Should I go ahead?

 

What should I do if Currys say I dont have a receipt to prove I purchased TV from them? Because my bank statement doesnt say it is for TV

Edited November 15, 2021 by mars3424234

[FruitSalad1010]

Do you have faith in the company that sold you a TV that failed prematurely and are liable for its failure to accurately assess the fault or would you prefer that an independent expert does this?

You could propose to Currys that you have another expert that is closer to you and therefore quicker and that it is possible for you to take the TV to them or have them inspect it at your property (if this is the case) thus saving both yourself and Currys the inconvenience of arranging and waiting for collection and re-delivery.

 

If they refuse such a reasonable offer you could perhaps refer to that in future.

 

Wait and see what @BankFodder suggests.

[BankFodder]

I think if you have done everything you can to contact Currys and they are simply responding with standard messages and not paying any attention, then if you find your own independent assessor and you let Currys know that this is what you are going to do and this is what is going to cost – and that if the independent assessor finds that there is a fault which suggests that the set has not remained in satisfactory condition for a reasonable period of time then not only will you sue Currys but also you will sue for the reimbursement of your assessment fee.

Point out that you have done everything you can to engage them in this dialogue and they have either declined or they have refused. Therefore you have no choice but to take your own action but you will keep them in the loop all the time.

Once you get your independent assessment, the next step will be to send a letter of claim to Currys including a copy of the assessment and the quote for repairs and then sue them within 14 days if they don't respond positively.

If you are happy with that – then go ahead. Incidentally don't imagine that they will suddenly cave in because they receive these letters from you. You will absolutely have to issue a legal action against these people

[Andyorch]

Open

[mars3424234]

Currys have finally got back to me saying they accept the findings in my report.  Currys wishes to settle the claim.

 

I made an offer for them to settle my claim based on the calculation of a TV which should last for 15 years.

 

However they disagree with my calculation and argument that my TV should last for 15 years, they claim their engineers say the majority of TVs like mine do not even last near 10 years.

 

The lifespan of a TV depends on how much it is used, for example if a TV is turned on for 10 hours a day it would last less compared with a TV which is only turned on for 1 hour every 2 days.

 

I rarely use this TV. Does the Consumer Rights Act say that the compensation is based on the average lifespan of the product, without taking into consideration that the use of the product effects the lifespan?

 

In calculating my damages based on the average lifespan of a product. Does the law take into consideration my argument that I rarely use this TV and so it should last for at least 15 years?

 

Thanks so much.

[BankFodder]

Life expectancy is based on the reasonable expectations of a reasonable consumer .

It is as nebulous as that .

 

What does all of this mean in terms of value? How much value are you claiming and how much value are they offering?

 

 

[mars3424234]

Currys is offering £300 for the TV plus all my other costs. They justify that by saying they don't believe my TV would last 15 years and they say I have used the TV for 3 years.

 

I have asked them to pay £460 to settle my claim plus my costs, based on the calculation that the TV would last 15 years in my case as I rarely use the TV. I have cited a few websites which seem to support my calculation.

 

I have asked them to provide me with some examples of the lifespans of Samsung TVs used approximately once or twice per week. They have refused and they stated it will have to go to a Court hearing if I don't agree to their offer. 

 

 

 

 

 

[BankFodder]

What was the new cost of the TV and what year did you buy it in

[BankFodder]

I have just read back through the thread and I see you paid £600 .

Also, I see that this started in 2021.

 

You have been very tenacious. Well done.

 

Currys customer service often extremely bad and they can be pigs.

 

My own feeling is that the 450 pounds that you are looking for is probably On the high side .

The £300 they are offering is probably on the low side.

 

The problem here for you is that you don't appear to be paying a normal usage for the set .

Two or three times a week is probably a lot less than average, but of course the problem is proving it .

 

If you go to court then you will have to show report that what you are saying is probably true. You will also have to show the court that 15 years is a reasonable life expectancy.

 

 

I think that you could have your work cut out to do this and of course if you lose, then you will get your 300 quid but you will lose the court costs etc and it will probably take another year .

 

Currys are notoriously difficult to deal with and my own advice to you would be to take the 300 pounds.

Not an entirely satisfactory result, but probably the most sensible pragmatic approach in view of the I'm certain variables involved in the case

 

 

 

 

 

 

 

 

 

 

[mars3424234]

Thank you BankFodder

 

It seems it is more relevant what people expect the lifespan of a Samsung TV to last?

 

Currys offer means they are saying my Samsung TV should last for 6 years.

 

If my claim fails would I probably just lose the hearing fee and the costs of their solicitor travel fee (which would be a maximum of £60)?

 

[FruitSalad1010]

If the Court finds in your favour that Currys are liable to you but your claim fails in quantum (value) it is unlikely in my view, in the small claims court that they would be awarded their costs.

Like any scenario that relies on a human being at the end of the day no outcome is certain.
 

Courts tend to provide an outcome which is seen to result in compromise from both sides, if you were to go to court a judge may decide to award you a sum which is greater than what Currys have offered you but less than the value of your claim, perhaps for example on the basis that the TV should have lasted 10 years i.e. more than Currys proposed 6 less but less than your 15, this outcome may still entitle you to recover some of your costs.