Broken tv - bought 28 October 2009 from Currys

Earlier this year we bought a Logik 19" tv for the kitchen and something went wrong with it, so we took it back to Curry's they didn't have the same one as a replacement so we paid an extra £40 for a TEAC 22" LCD tv on 28 October, all in all we paid £239.00 both times on our Debit Card.

Last night the tv was working perfectly then this morning it had 2 big black blobs on the screen and loads of lines across it. So this afternoon I took it back to Curry's and asked for a replacement, under the Sale of Goods Act.

After much umming and ahhhing I was told that it wasn't the policy of the manufacturer 'TEAC' to change things, but that I had to leave it at the store and wait for an engineer to assess the damage. I was on my own and tbh I just havn't got much fight left in me lately, so I said ok fine and they promised to call me asap. Just as I got back into the office and was on the phone to a client they called on my mobile and spoke to my OH and told him that the engineer has said that the screen was cracked and therefore they didn't have to repair it or replace the tv. A rather large argument started and my OH found out that the engineer didn't not actually see the tv but was told the symptoms over the phone and diagnosed it then.

Just as an aside I have not hit it with anything or dropped it, all I have done is dust it. It's sited in the corner of the kitchen away from heat and cold and is at the back of the work surface so cannot be accidently 'hit' with anything.

We were told to go a collect it asap and if we had a problem to get an independent investigation done and that if it was found that the screen was not broken that they would then either repair it or replace it.

So not wanting to leave it there I called the helpline and spoke to an engineer called Michael in the Nottingham Call Centre, I explained the whole thing and he said that he was not happy with that explanation and advised me to go further with it all, he passed me over to a Ryan and after relating the whole thing yet again he promised to get a manager to call me.

Then I waited and waited and thought sod it I'll call again, I then got through to a Customer Service Manager called Richard Thomas, replayed it all again and he advised us to go get the tv and have it assessed.

So off we went after work and collected the offending tv, had major words with the guy on the customer service desk who to be fair said that if it were up to him he would have changed it but it was 'policy' etc etc.

So that the sort version, I reckon an email to the CEO is next, what does anyone think ?

[Guest]

Re: Broken tv - bought 28 October 2009 from Currys

The policy of TEAC or indeed any and all other manufacturers or suppliers to Currys are of no consequence whatsoever. Your contract is with Currys, not with whoever supplied the items to them.

If you are certain that you have not cracked the screen yourselves (irrespective of whether or not it is actually cracked) you must insist on a replacement television or a refund at once.

When you, as a consumer buy goods from a trader, you enter into a legally binding contract governed by the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. The law gives buyer and seller rights and responsibilities.

These legal rights under the Sale of Goods Act 1979 and the other Acts of Parliament mentioned above cannot be taken away or reduced. An example of an attempt to do so is a comment such as "it is not the policy of the manufacturer 'TEAC' to change things.” Such a phrase is meaningless and cannot alter the legal rights conferred by statute. Any such comments are blatant examples of an attempt by Currys to evade their legal obligations and responsibilities. As buyers, we can take legal action under the Sale of Goods Act 1979 for up to six years (five years in Scotland) after the date of the contract. In addition to this, the Sale and Supply of Goods to Consumers Regulations 2002 gives further rights to consumers and states that goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date. This is termed the "reversed burden of proof" and no matter what Currys may state about TEAC and their policies, these cannot supersede UK and EU law.

You should be able to sort this out at the shop, without resorting to emailing the CEO, unless you particularly want to. The Group Retail Director is Keith Jones and the address to write to is Maylands Avenue, Hemel Hempstead, Hertfordshire, HP2 7TG.

I have found that requesting to speak to the manager works very well, rather than arguing with the staff that usually man the customer service desk. If the store manager does not expedite the refund or replacement at once, request that they write, on headed paper, a note to you explaining that their internal policies and procedures with regard to faulty goods take precedence over UK and EU law.

[Sapphire]

Re: Broken tv - bought 28 October 2009 from Currys

Hi Cet thanks for those pointers, I did actually ask to speak to the Store Manager and guess what .... it was his day off, I was then palmed off with a guy who purported to be 'team leader' or something, tbh I think his badge said 'Management team' but I was so angry I couldn't see properly by then.

They are adamant that they do not have to change the tv or refund the monies, grrrrrrrrrrrrrrrrrrr, but what I shall do in the morning is print off your guide above and phone until I actually speak to the manager and will then relay it to him. If it fails I will then revert back to you for further guidance if you don't mind.

Just in case I have done this below if it has to get that far.


Outline for email to CEO please can you check, adjust etc.

Dear Sir,

I am writing to you to complain about the level of service I have received from your store at Mayflower Park, Basildon.
On 28 October 2009 (6 weeks ago) was purchased a TEAC 22" tv and was really pleased with it, that was until this morning. Last night 1st December it was working perfectly then this morning 2nd December when switched on we found 2 big black blobs and loads of lines on the screen. Obviously this was unaccepable and I replaced it into the box that I had kept in our garage and returned it to your store to request a replacement under the Sale of Goods Act.
I was told that there was no way I could have a replacement and had to leave the tv to be assessed by an engineer and that we would receive a call with their findings. Within 30 minutes we had the call and was told that the screen was cracked and therefore deemed to be accidently damaged and that we have no further rights and would not be given a replacement nor a refund, adnd that we needed to go and collect it asap from the store.
To say we are not happy about this is no exaggeration, we then called your number on the receipt and was told by an engineer called Michael at Nottingham Call Centre that he believed that this was wrong and that we should go further, I was put through to a Ryan who said 'do not collect the tv till you have spoken to a manager', I held on for 40 minutes to speak to a manager and in the end gave up and redialed. I then spoke to a Richard Thomas who advised us to collect the tv and get it independently assessed.
We then went after work and collected the tv and now have a broken tv in a box, no tv in the kitchen and are down by £239.
I am aware that the Sale of Good Act states that the goods should be fit for use, and if there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty.
I would appreciate it if you could look into this as we are regular visitors to your stores over the years purchasing various items for our home and indeed in the past few months have spent quite a substantial amount renewing our office equipment (we have a small business), we also were next week going to purchase a 50" plasma tv and cinema system which to be quite frank will not now be doing.

[charitynjw]

Re: Broken tv - bought 28 October 2009 from Currys

Hi Sapphire,

Sorry to read about your tv problems - Currys are renowned for customer dissatisfaction, if half of what I've read is true!

Unfortunately though, (& please don't shoot the messenger!!), the 'symptoms' which you are describing, which have caused your telly's sad demise, is known as 'screen bleed'.

This is most often caused by the screen being cracked. (This probably is why they treated you so shoddily - they knew that they had a 'door to slide out of'!!)

I do know that Teac had a product recall on some of their tellys a little while back (though for what, & which models I'm not sure at moment. I will try to find out more info if you want.)

Again, sorry to be the bearer of bad tidings, but I didn't want to to suffer further abuse at the hands of those pillocks. (Also, Michael of Nottingham could get a real rocket for trying to help you like that - that's the way the company works & they are looking for any excuse to get rid of people, allegedly!!).

cnjw :behindsofa:

[Sapphire]

Re: Broken tv - bought 28 October 2009 from Currys

With thanks to Amy

Head Office phone number: 01727 203 175 and contact names & Positions

Richard Lewis - ECommerce Stock Manager

Kelly Bigrave - Keith Jones PA

Alastair Brass - Operations Development Manager

Debbie Mussan - Works alongside Alastair Brass and Keith Jones - her direct number is 01727 205 006

[Sapphire]

Re: Broken tv - bought 28 October 2009 from Currys

Well visited the store at 9 am, and was told that we had to see the store manager who isn't there till later, but they didn't know what time ffs.
So left my contact details.
Got back to office and decided to have a ring round and nag again, but got nowhere.

Thank god for Amy she gave me the contact number for head office (I'd been goggling for an hour), so I rang and asked for Keith Jones obviously wasn't put through but found out the details for a few people there, and was eventually put through to a Debbie Musson who works alongside of him, I've told her the whole story, quoted the sale of goods act to her and said that we need this resolved as we are going away in the morning for the weekend.
She has promised I will have it resolved this afternoon, and I've said that all I want is a refund or exchange so how hard is that.
I also asked her why their staff don't know the sale of goods act and her answer was...... I have no idea....... so I suggested respectfully that perhaps they should retrain all their staff, especially those on Customer Service.

[Guest]

Re: Broken tv - bought 28 October 2009 from Currys

They do train them. They train them specifically to avoid giving refunds or replacements by using various methods including but not limited to; boring their customers into giving up, lying through their teeth, proclaiming that policies and terms and conditions supersede UK and EU law and stating that all goods must be returned to the manufacturer before a refund can be given.

They want the lion's share of the margin with none of the responsibility.

Finally, when for the love of God Sapphire will you learn to use a pen instead of a telephone?

[Sapphire]

Re: Broken tv - bought 28 October 2009 from Currys

I tried to email them but they wouldn't give me an address, so I thought bugger it and made an official complaint on the phone.
I've had Karen Harrison the secretary to Keith Jones PA on and after going through it yet again, and telling her that I want either a) a refund or b) an exchange she has asked me to hold fire till the morning and she would investigate into why we've been treated so shoddily and why they are refusing the refund or exchange.
I've agreed to wait till then, but have assured her that if this is not solved to our satisfaction then we will go legal on them and claim.

I also asked her why it is that they refuse to acknowledge the sale of goods act, and why they think that they are above the law.

No answer to that one I'm afraid.

[crashbandicoot]

Re: Broken tv - bought 28 October 2009 from Currys

Finally, when for the love of God Sapphire will you learn to use a pen instead of a telephone?

Lol Sapphy, you have been told!! I hope you're able to get this resolved hun, it's a nightmare when everyone of them plays the 'I don't know, not my problem' card, and it goes around in circles for ages. But yes, start putting it in writing so that you have a paper trail for everything...

Good luck,

Crash

[Guest]

Re: Broken tv - bought 28 October 2009 from Currys

There is no such thing as an "official complaint" on the telephone, unless you recorded it.

I am guessing you did not.

You now have no record of what you said, what was said to you and what, if anything has been done and that is a very bad habit to get into. If you had written to them (NB. Not emailed, but used a letter, on real paper, sent through the post) then you would have an irrefutable record of the chain of events and they would be obliged to reply in a like manner and would be a great deal more likely to deal with this properly.

Finally, you should enquire with one of your new telephone friends (if they call you back that is) as to why the store you have visited now on several occasions appears to be run without a manager being present so much of the time.

[charitynjw]

Re: Broken tv - bought 28 October 2009 from Currys

I agree with Cetelco & crash, Sapphire.

I can empathise with you re trying to get an annoying problem sorted asap, but unfortunately there is no evidence if things go pearshaped - given the way you've been treated so far, I wouldn't hold my breath re their admitting to anything if you do decide to take legal action.

& if you do, they will base their defense on the assumption that the defect may be the result of 'abuse', which is often used as a get-out reason for not refunding/replacing (allegedly)

I do hope that it doesn't come to that, & they will see fit to do the right thing.

cnjw

[Sapphire]

Re: Broken tv - bought 28 October 2009 from Currys

Another success for Beagles, just had a call from the CEO's PA and we are getting a replacement TV, and guess what I've been invited to prepare a list of recommendations regarding their staff training and customer service ROFL.

Thanks you guys for all your support and a MASSIVE thank you to Cetelco and Amy for giving me a much needed kick up the bum.

So now I'm off for the weekend to Stratford upon Avon and will be back online late Sunday or Monday.

If anyone wants to add to the list please feel free.

1. All staff to know and understand the Sale of Goods Act 1979.

[Amy]

Re: Broken tv - bought 28 October 2009 from Currys

Excellent result xx

[crashbandicoot]

Re: Broken tv - bought 28 October 2009 from Currys

Nice going Sapphy!

[Luminol]

Re: Broken tv - bought 28 October 2009 from Currys

Great news Sapphy