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Late delivery consumer rights?

  • 09-09-2019 5:50pm
    #1
    T0MMY
    Registered Users Posts: 101 ✭✭


    I was scheduled to get a TV collected to be repaired under warranty. I was send several messages from know how elling me someone would call between 11.30 to 3.30. They didn't arrive to take my TV away, and when I called them they were unhelpful and told me a bunch off lies. Do I have any rights in this situation? They scheduled a time and I'm sure if it was the other way around and I wasn't here they would charge to call again. TIA.


Comments

  • #2
    Slippin Jimmy
    Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    T0MMY wrote: »
    I was scheduled to get a TV collected to be repaired under warranty. I was send several messages from know how elling me someone would call between 11.30 to 3.30. They didn't arrive to take my TV away, and when I called them they were unhelpful and told me a bunch off lies. Do I have any rights in this situation? They scheduled a time and I'm sure if it was the other way around and I wasn't here they would charge to call again. TIA.

    I don't believe you have any comeback regarding the no show. You can request that they offer you something as a gesture of goodwill but they don't have to.


  • #3
    T0MMY
    Registered Users Posts: 101 ✭✭T0MMY


    Slippin Jimmy wrote: »
    I don't believe you have any comeback regarding the no show. You can request that they offer you something as a gesture of goodwill but they don't have to.

    Pity. I believe this is covered under consumer law in the UK. Thanks.


  • #4
    Slippin Jimmy
    Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    T0MMY wrote: »
    I believe this is covered under consumer law in the UK.

    That's very interesting. Would you happen to have a link to that?


  • #5
    Del2005
    Registered Users Posts: 18,855 ✭✭✭✭Del2005


    T0MMY wrote: »
    I was scheduled to get a TV collected to be repaired under warranty. I was send several messages from know how elling me someone would call between 11.30 to 3.30. They didn't arrive to take my TV away, and when I called them they were unhelpful and told me a bunch off lies. Do I have any rights in this situation? They scheduled a time and I'm sure if it was the other way around and I wasn't here they would charge to call again. TIA.
    T0MMY wrote: »
    Pity. I believe this is covered under consumer law in the UK. Thanks.

    You aren't covered by consumer law as you most likely don't have a contract with the company picking up the item if it's a warranty repair, the vendor has the contract with the courier not you. The only people you can complain to are the vendors who arranged the courier and they won't care about the collection.


  • #6
    T0MMY
    Registered Users Posts: 101 ✭✭T0MMY


    You're right Del2005, my guarantee is with Curry's. The courier is their problem.

    They (Team Knowhow) made a new appointment to collect it today and they didn't arrive. That's a no show 2 days on the trot. I'm going to ask them to take it back and give me a refund, but I'm sure they'll have none of it.

    Slippin Jimmy - In UK (and probably Irish law too) if you purchase something in a bricks and mortar shop and agree at the time of purchase a delivery time or date, and the item doesn't come at the agreed time/date, you're entitled to a refund. I think in the UK you can claim for missed work time too. If you think about it, I bought guarantee at the time of purchase, which Currys have failed to deliver on, twice, so I should be entitled to a refund.

    Thanks for your help.


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  • #7
    T0MMY
    Registered Users Posts: 101 ✭✭T0MMY


    According to CCPC I should be entitled to a replacement or refund because the TV is broken, so I'm going to pursue that :)


  • #8
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,523 Mod ✭✭✭✭L1011


    T0MMY wrote: »
    According to CCPC I should be entitled to a replacement or refund because the TV is broken, so I'm going to pursue that :)

    Effective repair is also a valid outcome and a missed collection doesn't really stack up as sufficient reason to say a repair won't/can't be effective


  • #9
    daheff
    Registered Users Posts: 5,833 ✭✭✭daheff


    L1011 wrote: »
    Effective repair is also a valid outcome and a missed collection doesn't really stack up as sufficient reason to say a repair won't/can't be effective

    IF he makes reasonable attempts to let them repair and they fail/refuse to do so, surely he can then start to look at refund or replacement?


    Tommy- I'd give them one more attempt at pick up for repair then look at other remedies. keep copy of appt time/dates that were missed as proof incase you need it.


  • #10
    T0MMY
    Registered Users Posts: 101 ✭✭T0MMY


    I've given them 2 chances to repair the TV, now I want a refund. The small claims court (which only costs E25) will almost certainly deem a TV that cost E900 and broke within 2 years as defective, and in that case I can insist on a refund because I have lost faith in the product (which I have). The warranty/guarantee doesn't really factor into it.


  • #11
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    T0MMY wrote: »
    I can insist on a refund because I have lost faith in the product

    Is that a new consumer law that I missed?


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  • #12
    Slippin Jimmy
    Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    The retailer gets to decide on the repair, replace or refund side of things and not the consumer unfortunately. If the retailer decides to go for the repair option it must be a permanent fix and not become faulty again for the same reason. If it does, you can ask for a replacement or a refund.

    In your case, they have failed to collect the TV twice. If you have any emails from them stating that there was a failed collection make sure that it states why. I wish you luck with the small claims court. Please keep the thread updated as to the outcome.


  • #13
    T0MMY
    Registered Users Posts: 101 ✭✭T0MMY


    Update: I made a claim for a full refund through the small claims court, and Currys failed to respond, so I haven't had to go to court. An order has been sent to them to pay me the €900 I originally paid for the TV. They have 4 weeks to appeal the decision.


  • #14
    Darc19
    Registered Users Posts: 3,817 ✭✭✭Darc19


    And the lesson os

    NEVER EVER BUY FROM CURRYS

    Their customer service is abysmal. Always has been.


  • #15
    slave1
    Moderators, Sports Moderators Posts: 18,644 Mod ✭✭✭✭slave1


    T0MMY wrote: »
    Update: I made a claim for a full refund through the small claims court, and Currys failed to respond, so I haven't had to go to court. An order has been sent to them to pay me the €900 I originally paid for the TV. They have 4 weeks to appeal the decision.

    Well done, great to get the end result feedback.
    I've taken the SCC route three times and was a breeze in my favour every time.
    I would have a very short lead time in giving any retailer their "chance" before just going the SCC route.

    Well done again, let us know the final final outcome

    PS no need to buy shop warranty packages, the Irish consumer protection is all anyone should ever need

    Myenergi Eddi For Sale in Athlone, Westmeath from slave1 (adverts.ie)



  • #16
    T0MMY
    Registered Users Posts: 101 ✭✭T0MMY


    slave1 wrote: »
    Well done, great to get the end result feedback.
    I've taken the SCC route three times and was a breeze in my favour every time.
    I would have a very short lead time in giving any retailer their "chance" before just going the SCC route.

    Well done again, let us know the final final outcome

    PS no need to buy shop warranty packages, the Irish consumer protection is all anyone should ever need

    Hi. I only saw this reply now.

    Currys still haven't paid so I'm getting a decree sent out in the post which I can take to the sheriff who will hopefully collect the debt.

    One question - the last thing the registrar said in his email was that Currys can still appeal the ruling. Would you happen to have any idea how long they have to lodge an appeal? I don't want to buy a new TV until I know for sure I won't be stuck with the old one as well.

    One last note - because Currys didn't respond in time (they did dispute the claim but they were too late) I think I'll get to keep the old TV as well as getting a refund :)

    The registrar told me that they are usually quite quick to respond to claims so I think I was just lucky. My claim coincided with black Friday and the lead up to Christmas, so I'd say they were v busy.

    Update: I've been informed they're applying for appeal so I'll have to wait and see what happens...


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