This is a typical scenario that many will be able to connect with and is ideal to shine a spotlight on how to reject and return faulty goods and your consumer rights.
BACKGROUND
A friend of mine bought a gas oven and hob online from Currys PC World. The (electric) oven was delivered damaged with a hob that did not fit to the oven as the oven had no clearance for the gas outlet.
A few weeks elapsed whilst trying to remedy these problems with Currys PC World to no avail, and a plumber spent over 2 hours trying to fit it.
Currys PC World eventually offered 10% off a gas hob that does not fit to a damaged electric oven (when a gas oven was requested). The alternative offered was to have the damaged oven collected and replaced. She was happy to keep the oven and simply have the hob swapped for one that fits.
CONSUMER RIGHTS ACT 2015
You are protected under such scenarios by The Consumer Rights Act 2015, which states that any goods sold need to be;
- Satisfactory quality
- Fit for purpose
- As described
- Last a reasonable length of time
Services provided need to be carried out with due skill and care.
It is clear to anyone reading this that it is a clear cut case. However, retailers have a habit of deliberately trying to fob consumers off and muddy the waters to wriggle out of their obligations.
Currys PC World are renowned for fob offs, blatant lies and selling faulty goods. This is evidenced by online reviews, Twitter comments, dedicated Facebook pages for complaints and their Trustpilot score of 1.4 out of 5 (rated poor).
OPTIONS
You have 30 days to automatically reject faulty goods under the Consumer Rights Act 2015. Once that has elapsed, you have to give the retailer one opportunity to repair, refund or replace the goods.
Any faults found within the first 6 months are considered to have been there since inception. This is where you apply the reverse burden of proof.
You need to prove that the fault was there once 6 months has elapsed. This can be done by an independent report or proof that it is a common fault in the public domain by a Google search.
Other out of pocket expenses have been incurred in this instance due to the negligence of Currys PC World, so these costs can be claimed for as well.
If you have paid by credit card, the credit card provider is jointly and severally liable under Section 75 of the Consumer Credit Act 1974 as the cost will be more than £100. This will still apply even if you have just paid 1p deposit as the oven will be more than £100.
You can pursue a claim down this route if the retailer will not give you a full refund, which is referred to as a chargeback. The card provider will raise a ticket to investigate your disputed transaction and reverse it if your claim is proved to be legitimate.
Another alternative if you are unable to resolve matters is to simply take the retailer to the Small Claims Court as a last resort. You have to demonstrate that you have followed the complaints process and exhausted all options.
CUSTOMER SERVICE
Online shopping and failed deliveries is another scenario that consumers have problems with and retailers need to stop fobbing consumers off with lies and legalese jargon.
In an era where everything is pretty much the same, the one thing that sets a firm apart is great customer service. Bad experiences travel much further and faster than good experiences and consumers are more than willing to share them far and wide on forums such as Facebook, TripAdvisor, Google Reviews, Instagram, Trustpilot and many others.
Have you been able to assert your consumer rights to reject and return faulty goods? Which stores have you found to be the worst to deal with?
We bought a Hi Sense oven online from Currys, There were a few problems one of which was the rusty water that spat against the inside door and consequently leaked onto the kitchen floor, then the fact that it under reads the temperature by a minimum 40 degrees, then the grill that constantly drops down, the fact that I have to thoroughly clean after each time I use it or it will set the smoke alarm off!!
We bought it on 21st January 2020, I had recently undergone major back surgery so couldn’t be bothered to do anything about it, until recently when I realised I daren’t bake a Christmas or any other cake in it and decided that I’d had enough!! After spending 3 days being on hold an engineer was finally booked to come out on the 29th October he ordered quite a few replacement parts, we are now waiting to be contacted to book a time for the replacement parts to be fitted…however the clock display has now failed! We’ve been told that they do not know how long we will have to wait for the parts to come into stock and that the engineer will also sort out the problem with the parts when he comes to fit the replacement parts.
I’ve noticed that the replacement clause with the KnowHow extended guarantee (which we took out) says that you can receive a replacement after 14 days if a repair hasn’t been carried out (small print says ..from the shop having had the item returned to them) since it’s an oven, bought online and delivered, would we be right in assuming our contract is with their online and delivery service? Can we be expected to return an oven for the waiting period to commense?
Hi Deborah,
It’s clear that the oven was faulty since inception and you have given them at least one chance to remedy it under the Consumer Rights Act 2015.
Whichever way you bought it, your contract remains with Currys and not the manufacturer, Simply reject it in writing under the Consumer Rights Act 2015 in a pre-action protocol letter to the CEO Resolution Team (by email with screenshots of a Small Claim) and Legal Services (by recorded delivery) giving them 7 days notice to resolve it before you proceed with legal action via the Small Claims Court.
Copy in BBC Watchdog on your email – watchdog@bbc.co.uk. You are seeking a like for like replacement, no exceptions.
Google the make and model of the oven to see if there are any common faults in the public domain. That would reinforce your stance that it was faulty since inception with no independent report required.
Hope that helps. Let me know how you get on.
Best of luck – Scott.
Hi Grumpygit! We bought a Pure DAB radio from Currys just shy of 2 years ago. The audio suddenly stopped working, so we contacted the manufacturer who after trying the usual resets, confirmed by email that it is faulty and to take it back to Currys as it has a 3 year manufacturer’s warranty. Duly did this and they said their policy is to not give a refund, but will only exchange. The replacement radio is £20 more and out of stock and we don’t like the others on offer. Accordingly we would like a refund. As for Deborah, are we entitled? Thanks Rom
Hi Rom,
A retailer can opt for a repair, refund or replacement in your case – you cannot force them to give you a refund unfortunately. Retailers also have rights as well as consumers, and on this occasion a replacement will meet and discharge their obligations. Just keep chasing it and make sure you get a replacement and don’t forget about it.
Hope that helps.
Thanks – Scott.
Hi Scott – many thanks for your advice, very helpful. Cheers Rom
You’re welcome Rom – many thanks.