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Legal advice: TV return drama resolved

When a TV return went wrong, Which? Legal stepped in to help resolve the situation. Here are your rights when repairs and returns don’t go to plan.

In 2014, Nick and Wendy bought a 55-inch curved Samsung TV from Currys PC World for ÂŁ2,699. But it turned out not to be worth the price they paid.

After two years, discolouration and screen backlight bleed became too much to bear, so Nick and Wendy reported the problems to Currys PC World and arranged to send it back.

The TV was collected in immaculate condition but was scratched and dented in transit when being returned.

After three subsequent returns due to insufficient repairs, it went missing with Currys PC World for more than 10 days and came back with more damage to the repaired panels, and the original fault
hadn’t been resolved.

Discussions with Currys PC World went nowhere, so Nick and Wendy raised a Section 75 claim with their credit card provider, Aqua.

Which? Legal advice

We advised Nick and Wendy to write a complaint letter to PC World and Aqua. After reaching a deadlock with both firms, we suggested they involve the Financial Ombudsman Service (FOS).

The FOS found in their favour. It ordered Aqua to refund the full cost of the TV and 8% interest. Aqua intended to appeal this decision, but due to the length of time that had passed, Nick and Wendy had to either issue legal proceedings or come to an agreement.

Aqua conceded, settling the dispute, and it refunded Wendy’s account.

An Aqua spokesperson said:

“We are sorry for the inconvenience caused by the delay of the refund and are pleased that this matter is now resolved”

A Currys PC World spokesperson said:

“We were sorry to hear about this particular customer’s experience. Despite asking for the customer’s details in order to launch an investigation and reach a resolution, we have yet to be provided with the information needed. We always do our best to support and resolve customer issues and would like to be given the opportunity to do so in this case”

Returning older products

As Nick and Wendy bought the TV before 1 October 2015, their contract came under the Sale of Goods Act 1979.

They were entitled to a repair as there was a fault with the TV. After it was damaged and not repaired by Currys PC World, they were entitled to reject it and seek a refund.

They also had protection under Section 75 of the Consumer Credit Act, which allows you a refund from your credit card provider if your purchase doesn’t meet promised standards.

Have you ever attempted to return an older product for a repair? Did things go smoothly?

Have a legal question of your own?

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Our team of legal advisers will give you tailored information and advice on your rights and next steps, so you can handle your issue confidently.  

Which? Legal can help on a range of topics, from faulty goods and car purchase issues to landlord and tenancy issues, plus much more.

To find out how we can help you, call Which? Legal on 0117 405 5695 or visit Which? Legal.

Comments

This is a good result for Nick and Wendy, though it is a pity that both the retailer and credit card company let them down. I do hope that Aqua does manage tor recover the money from Currys PC World – a company that has let down too many of its customers, including some who have posted on Convo.

This seems to be a four year old complaint. Has it only just been resolved?

Thats what it looks like. In October 2021 the Sale of Goods Act will no longer provide protection for any goods unless a claim is in progress. The Consumer Rights Act which replaced it included a major extension to cover digital rights. I cannot recall if Which? Legal has reported on any cases involving claims.