pslewis

It's a funny case this.

1. Everyone agrees that the Tv is faulty.

2. Everyone knows why it is faulty.

3. CURRYS say the fault is an acceptable fault.

4. I say it isn't acceptable.

That about sums it up - CURRYS refuse to move, I am inclined not to - stalemate.

The Credit Card angle may break the deadlock.

dpb

pslewis

Move on, nothing for you to see here, click on another thread - there's a good chap

mart360

pslewis

Mart

Thanks for your input, I have some time (it's winter after all) - Funds (not a problem if I win, don't want to throw money away!) - Resources (I have the helpful people on ScoobyNet!).

The small claims court costs are £65.

Simon69 says that when that starts CURRYS move the case to their Lawyers and they are much less willing to play ball than their Customer Services Department.

Not too sure - maybe the summons will make them 'all of a sudden' find a tape measure which shows the flashing pixel within the Replace TV Box?

F1 CJE UK

iTrader: (8)

all i need to say is next time John lewis is the way to go


good luck

Wmscooby

iTrader: (24)

Another way is you could stand infront of Currys and turn away customers telling them what has happened and how you have been treated lol

Thats if you have nothing else better to do

Seriously i would suggest that a email to Currys saying how they should "change" all their point of sale to point out the fact that happened to you!!!!

pslewis

I remember standing outside MFI 25 years ago with a crappy piece of furniture, the manager said he would call the Police - I said, "Please do and I'll call the Press!"

He paid me my petrol money which I spent getting the goods back to the shop ...... I was skint in those days!

But, I'm less bullshie nowadays

John Lewis is, without doubt, the way to go for expensive purchases like this.

noobyscooby

Come on PS - fill in that smalls claim form. The longer you delay, the more Curry's will ignore you.

WRX_Dazza

blimey is he not dead yet???

pslewis

Who?

You really need to make yourself more clear

pslewis

A fact that I have discovered that may assist everyone in buying goods in future:-

"Under Section 75(1) of the Consumer Credit Act 1974 (alias ‘s.75'), buyers of goods on credit enter into what's known as a ‘debtor-creditor-supplier relationship'. This requires the provider of credit to ‘stand in the shoes of the supplier'. Hence, if goods fail to arrive, are damaged or faulty, or don't meet their description, then you can pursue the lender for breach of contract, as well as the retailer.

Of course, there are limitations to the extent of this protection. Under s.75, each item costing between £100 and £30,000 is covered. In order to take advantage of s.75, you must pay for some or all of the goods using a finance agreement, such as a credit card. So, even a £1 credit-card deposit on an item costing £10,000 gives you the right to pursue your card issuer if things don't work out"

That last bit is quite incredible, imagine buying a car for £10,000 and telling the Trader he needs to take £1 of it via Credit Card? You are covered for the whole cost of the car! That's damned cheap protection!

chocolate_o_brian

iTrader: (22)

pete, on a serious note, thats a very good piece of knowledge and il remember it for future when using my credit card. but the part about a car, the £1 etc. there MUST be a loop hole round this, because as you know there is many clever peoples out there who would already know this and be scamming the system for £1,000,000s.

what would you do if you were a dealer and sold your classic for... say... £5k and the buyer wanted to put a non refunadble deposit of £1 via his mastercard or visa

bugeyeandy

Virtually all credit cards exempt car purchases from this insurance.

speedking

Pete,

I think you are putting too much faith in the credit card company. I don't see what its angle is. It is not obliged to refund you unless the goods are faulty, which point is not accepted by Currys. The CC company will not undertake an independent assessment of the picture quality.

Cut and paste your explanation from post #136 and fire it back to Currys. There is no doubt in my mind that if the pixel is 1mm outside the rectangle, then after this lot Currys will not offer a goodwill gesture If it is in the rectangle then you get a replacement (maybe new) TV.

That is the crux of the matter. If Currys takes 28 days to make that assessment then that is a different argument. Have you asked for a substitute telly while yours is away, surely any old crappy CRT would be better than your current POS?

Good luck.

Graz

Up until recently his old crappy CRT was better than any plasma or LCD out there anyway. Sounds like his own advice rings true.

You should listen to yourself more often Lewis, then perhaps you won't end up wasting £800 on a crappy Korean plasma.

LG = Luminous Green (pixel)

pslewis

I still have my Sony CRT ...... but, thats not the point here.

Looks like it is simply a matter of opinion whether the fault consitutes 'Unsatisfactory Quality' in the eyes of a 'Reasonable Person' given the price paid.

And to get that decision, it may really have to go to court?! Each side thinks they are right ..... if I compromise, I have a TV for the next 10 years maybe with a flashing pixel ..

pslewis

CURRYS accept that there is a fault - it just 'happens' to be not in the 'position' they want it to be in, to replace.

My Contract is with the CC as well as CURRYS, we shall see what happens.

Luminous

iTrader: (3)

I bought a car on a credit card, then settled the balance. Can anyone say cashback?

The dealer's face was amusing. It was a young lad who took the payment, on an Amex card (I think they charge 4% fee to the dealer) I dread to think what his manager said. It woke Amex up too, I got a call from them quick sharp Still got my cash back though

Carl2

I think if it's only one pixel you won't win, even if it's slap bang in the centre of the screen and you take it to court, unless your display is a class 1, whereby it should have no dead pixels. See link below(which for somereason looks like an advert) for ISO 13406-2 (Class II) standards.

Computer hardware and software at amazing prices, available online from Scan Computers UK

Luminous

iTrader: (3)

I'm not so sure. It is clear the TV works, but I think the argument is about whether it is fit for purpose? Depends what the purpose is, and what the salesman said at the time of purchase. If he was saying things like it will be a "perfect" picture...well...I'd say there is more chance for Pete.

That is of course if there ever is actually a faulty TV here

Carl2

Bit of a long shot, but the sale of goods act may cover you under "freedom from minor defects" I used the sale of goods act against Comet earlier this year when my 2year old plasma failed. They replaced it for a minor charge with a replacment to the full value of the tv I initially bought.

Carl2

PS I used this forum (well the comet part) to help me
Currys/Dixons - The Consumer Forums

noobyscooby

The contributors who say that one pixel will not get the set repalced keep forgetting one thing: the pixel is not dead. If it were it would probably not be a problem.

It is the very fact that is is flashing bright green all of the time that is the problem. Were the entire picture flashing bright green it would not a be a problem ... as long as it was in synch! But in an ever changing picture, one idscordant flashing pixel is destroying the basic right of enjoyment of this product.

The longer PS faffs about, the less likely he is to get a replacement. The consumer has an absolute right enshrined in la to return the goods for a full refund - the consumer does not have to allow anyone to deprive them of the goods for assessments or to make repairs.

After 7 working days the Small Claims process should have kicked in. PS would now be well on his way to getting his money back so he can go to John Lewis and get a decent TV backed by proper old fashioned service.

pslewis

Interesting article - no mention of 'FLASHING' Pixels there at all though - constsnt bright or constant black are not as noticeable as a flashing ..... thats why a LightHouse is designed to give the impression of flashing and why warning lights flash if the warning is really serious.

It also seems to be aimed at the PC market ........ viewing a TV for pleasure probably has different parameters.

pslewis

Thanks Carl2 - much appreciated

I think I may be in an even stronger position than I originally thought as I reported the fault within 6 months of purchase ..... that 6 months seems to have some bearing in Law, or am I missing something?

dpb

,
poor lad, job gone

Leslie

I still say that if you have a bright green pixel like that in the visible area of the screen then the unit is below standard and should be repaired or replaced.

Les

pslewis

I agree, Les - well, I would ...

It's just going through the courts and getting the TV into the court without damaging it (its a big item) ... that's a right royal pain in the ****!

Why can't CURRYS just treat Customers like John Lewis does??

pslewis

Interesting little snippet here:-

"If you take the goods back within six months of buying them, the trader must accept that they were faulty at the time of sale and offer to repair or replace them. If the trader doesn't accept that the goods were faulty, they will have to prove this"

I informed CURRYS of the fault 23 weeks after purchase - it is therefore assumed, in law, that the fault was there at the time of sale!!

Looking better and better