Legal advice: TV return drama resolved

In 2014, Nick and Wendy bought a 55-inch curved Samsung TV from Currys PC World for £2,699. 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?

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