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Dixons Non Exchange TH37PX60CAB- Need Help

E

exstovie

Guest
Hey Guys
Just wondered if anyone had any advice for me other than write to Watchdog !!
Here's the deal.
Bought a TH37PX60CAB from Dixons online and after a couple of weeks noticed the purple snakes so had a Tech Guys engineer come out. He said the D-PCB board will be ordered and then when it arrives they will call and come out to fix it. After a few more weeks i called them to chase up. After about 3 hours on hold and speaking to several people at both the Tech Guys and Dixons it turned out that my part had been cancelled by mistake and that they could give me an EA (Exchange) number. So, pleased with this outcome i called Dixons for an exchange to discover that that set is now discontinued and the new one the TH37PX70CAB is £350 more than i paid for mine and they would not exchange it !!
They are demanding the difference and i think that they should exchange as it is their fault that in the time it took to find out about the part being cancelled the old set was discontinued!!
Thoughts please...
 

Greg Hook

Moderator & Reviewer
Since they can't exchange the set for an equivalent as it is a lot more expensive, surely they must then refund what you originally paid for your px60?
 

Silver Serpent

Prominent Member
Sounds like a case for the Ferret.

If they said they ordered the part n failed to deliver, then u have a case.

Put pressure on them.
 

gIzzE

Distinguished Member
Agreed.

Get a refund and buy the PX70 from JL for £899 with a 5 year guaruntee.
 
E

exstovie

Guest
They said they would refund but that leaves me way short of the new set. Don't think the CAB version is only £899 from JL !!

I've got to have a case as they failed to order up the part in time for me to swap the original model.

There must be some kind of like for like equivalent exchange law??

Who is this ferret character?
 

J80FAB

Established Member
They said they would refund but that leaves me way short of the new set. Don't think the CAB version is only £899 from JL !!

I've got to have a case as they failed to order up the part in time for me to swap the original model.

There must be some kind of like for like equivalent exchange law??

Who is this ferret character?


Well if they have said they will refund take the money & run !!! Just put it down to bad experience and never use them again. I certainly wouldn't if they kept me on the phone for 3 hours :eek:

How much did you pay for the PX60 with cabinet ?

Surely if you shop around you should be able to find a good deal if you would be looking at the PX70CAB.
 

pjskel

Prominent Member
Time to print out and visit the store with a copy of SOGA - Sale Of Goods Act.
Kick up a fuss with management, not the regular staff, and as per another thread where someone done some leaflet handing outside the premises, print off a few more and be prepared to do likewise.
The person concerned had management quickly changing their tune, and the matter was resolved to their satisfaction.
Ultimately, you can't be held to ransom by the ineptitude of their staff - they fecked up, their problem - not yours.
 
E

exstovie

Guest
Thanks for the SOGA steer. The next problem of course is that Dixons is only online now so who do i picket? Who do i talk to i just get fobbed off and no one will take responsibility. The saga continues, i have written a long email to their customer services department but i won't hold my breath as i bet that will be fobbed off.
I will keep you updated...
Until then i wouldn't buy from Dixons online and expect any level of customer service.
Oh and i paid £850 for my PX60 with CAB.:suicide:
 

J80FAB

Established Member
Thanks for the SOGA steer. The next problem of course is that Dixons is only online now so who do i picket? Who do i talk to i just get fobbed off and no one will take responsibility. The saga continues, i have written a long email to their customer services department but i won't hold my breath as i bet that will be fobbed off.
I will keep you updated...
Until then i wouldn't buy from Dixons online and expect any level of customer service.
Oh and i paid £850 for my PX60 with CAB.:suicide:

Oh poo ! :(

When I had my problem with Currys last November I eventually received a phone call from this guy who apparently deals with correspondence which is sent for the attention of managers/directors.

Now remember that Dixons is a part of DSG Retail Ltd. so Currys, Dixons & PC World belong to the same moronic company.

Now unfortunately since my horrendous dealings with these people I have thrown-away the number he gave me. It was an 0870 number & I think it may be the same as they use for their CS.

Anyway it's the number that sends you to Sheffield & I believe this guy was based in Sheffield.

If you can get down the blower demand to speak to Karl Bania. I remember the name well ;) Then scream at him ! :eek:
 

gIzzE

Distinguished Member
If they have offered you a refund they have done all they need to, they may upgrade you as a good will gesture, but they don't have to.

I would be careful as they may find you another PX60 from somewhere if you kick up too much of a fuss, and to be honest I would take this opportunity to get out and get a PX70.
 

TheSmeagle

Standard Member
If they have offered you a refund they have done all they need to, they may upgrade you as a good will gesture, but they don't have to.

I would be careful as they may find you another PX60 from somewhere if you kick up too much of a fuss, and to be honest I would take this opportunity to get out and get a PX70.

This man is correct, under the sales of goods act all you are entitled to is a refund.

If you are unhappy take the refund and buy somewhere else, simple.

Don't cry to the ferret or watchdog as they wont care as you rights are entact.
 

Bumtious

Banned
EXSTOVIE

You are entitled to an equivilent replacement.

If it is £300 more then thats Dixons tough luck.

Fight, a refund is an easy way out for them.

If the px 70 is the equivilent replacement that is what they should supply.

Otherwise take them to small claims.
 

gIzzE

Distinguished Member
The retailer has to offer you one of the following, a repair (if faulty after 30 days) or an equivilent replacement or a refund.
As long as they have offered you a refund that is all they have to do, if you went to a court the first thing they would ask the retailer is what they had offered you, as soon as they say they have offered a full refund it would be thrown out.

I can see that it must be annoying, but I'm afraid there is not alot you can do.
 

J80FAB

Established Member
Indeed, they have offered you a refund so accept the refund & leave it at that.

Nobody wanted to give me a refund & that it why I had to kick up a fuss, couldn't just leave it as it was and have to put up with something that cost £1152 which was not satisfactory :(

Even having paid by credit card the service and support I received from my credit card company was also very poor. I have complained about this & requested my credit agreement with them to be cancelled. This I did over 2 weeks ago - haven't heard anything & my card has not been cancelled, abysmal service. Think I will be referring them to the financial regulator.

Of course you may by all means as I suggested in my previous post complain to the Dixon Group. Write to their Head Office (check the address on their website aswell as Currys website to make sure it is the same which it should be).

Address your complaint to the Head Office for the attention of Mr. Karl Bania, Executive Correspondence.
 

WGLOVER

Established Member
If you get your money back, that is all you can reasonably expect.
You paid a cheap price for it because it was coming to the end of the line.
If you had bought it earlier and paid the original price, would you expect them to refund you the latest low price?
 

thfccambs

Banned
If you get your money back, that is all you can reasonably expect.
You paid a cheap price for it because it was coming to the end of the line.
If you had bought it earlier and paid the original price, would you expect them to refund you the latest low price?

Agree think your lucky to of been offered a full refund.
 

dalespitfire

Established Member
EXSTOVIE

You are entitled to an equivilent replacement.

If it is £300 more then thats Dixons tough luck.

Fight, a refund is an easy way out for them.

If the px 70 is the equivilent replacement that is what they should supply.

Otherwise take them to small claims.

I was always under the impression that this did not have to be like for like. In this case an equivalent set would be a 37" plasma with a similar spec, not necessarily another Panny. You could end up with anything, so rather than risk that I would get your cash back and head for JL.
 

gIzzE

Distinguished Member
They are entitled to offer you a replacement, you can refuse this, as it is not what you originally purchased, and take a refund instead.
 

Bumtious

Banned
I was always under the impression that this did not have to be like for like. In this case an equivalent set would be a 37" plasma with a similar spec, not necessarily another Panny. You could end up with anything, so rather than risk that I would get your cash back and head for JL.

Firstly there is not another 37" Plasma.

Second, I'm sorry but the original poster has been inconvienced by shoddy service.

It is not his fault that the order was cancelled, it is not his fault that the px60 has been discontinued, it is not his fault that the px60 has a design fault. He did not ask for a replacement.

The retailer needs to offer some b....y service and not just run away from their ineptitude.

Sorry if this goes to court he will have a strong case. I've worked for DSG its ALL about profit and they could not give a monkeys about service.

If a product is priced up wrong on display then the shop can refuse to sell at that price, however if you take a photo of this product incorretly priced then you can sue the shop for loss of bargin.

As far as I'm concerned it is the same here, the px60 was brought in good faith, it was sold with a known fault, this was reported in good time, the retailer has been incompetent, they cant offer a repair in good time because they have breached thier own policy, they cant replace because it has been discontinued.

The px 70 is at the price it is now only because it is new, this model is an asthetic change and a corner cutting exercise from the previous model (if thats possible) Dixons have not yet got this set on the web.

The price is already dropping like a stone & I expect this set to under £700 before long. I think it will be under £600 or even £500 by autumn

Keep pushing for a replacement at the price you paid.
 

wakeywarrior

Established Member
This man is correct, under the sales of goods act all you are entitled to is a refund.

If you are unhappy take the refund and buy somewhere else, simple.

Don't cry to the ferret or watchdog as they wont care as you rights are entact.

Hmmmm.......

You purchased a TV and a contract was formed.

They have breached the contract by selling you a defective TV.

You are entitled to be put back in a position you would have been, had it not been for the breach.

Had it not been for the breach, you would have had a 37 inch Panasonic TV (the PX60) for the price you paid.

If you can get another from elsewhere at the same price (or cheaper), get a refund and order from elsewhere. That is your reasonable remedy.

If everywhere has sold out, or does not have them for the same price, you are entitled to be put back in a position you would have been had it not been for the breach (I keep stressing this, but it is an important point).

This means you are entitled to claim the difference in the price you paid and the best price you can reasonably get the PX60 for now. If there are no PX60's you can argue that you are reasonably entitled to buy the nearest equivalent (the PX70) and Dixons have to refund you the difference.

Dixons may attempt to argue betterment, but you would say it is not betterment- they are both Panasonic 37 inch plasma TV's with near identical spec.

Plan of action:

1) See if you can get the PX60 from elsewhere. If yes, tell Dixons you can get one from elsewhere and tell them you want a refund within 7 days so that you can buy it. If they refuse, sue them for a refund, telling them in writing that they can pick the TV up at a convenient time for both parties with 48 hours notice. It will be a small claim, issued at moneyclaim online for only the issue fee cost- it will not cost you any more than about £50 ( list of fees on the site). Make sure you issue against the correct company and serve at their registered office ( check your invoice- DSG Retail PLC I think, but check and double check on companieshouse.gov.uk ) you must get the name and service address exactly right. The court will serve the claim form. They will pay up rather than go to court.

2) If you cannot get a PX60 elsewhere, write a letter to Dixons saying that as they are unwilling/ unable to repair your TV which has an acknowledged fault you have attempted to source one from elsewhere but are unable to do so. You reject the PX60. As they are unable to supply you with a replacement, you now have to purchase the nearest equivalent you can find which is the near identical new model. Tell them you have a loss of bargain because you can no longer buy a 37 inch Panasonic Plasma for the price you paid, so due to their breach of contract you have a loss of bargain. Tell them that they have 7 days from the date of receipt of your letter to either repair your PX60 or offer you a PX70 or the monetary value of a PX70. Explain that if they fail to do this, you will sue for the price of a PX70. Tell them again they can pick up your PX60 at a convenient time. If they fail to play ball, sue them for the difference in price. They will likely pay.

Hope this helps- let me know how you get on.

********' advice was pretty much spot on (-sorry Bumptious but I cannot resist- apart from the bit about suing a shop for loss of bargain if you take a photograph of something wrongly priced- until you actually buy something from a shop, the price it is offered to you is merely an "invitation to treat". You cannot force them to sell it to you at that price and you cannot sue on it- there is no contract. It is however a misleading price indicator and possibly a criminal offence, hence the reason why most shops will sell at that price. If this ever happens to you, try and get a photo and tell them you are sending to trading standards- you should have them offering you the price on the shelf then!)
 

gIzzE

Distinguished Member
It is very hard to get them to do this though, there have been a few cases in the car industry where somone has bought an old model, had loads of problems, been offered a refund and tried to get the newer model as a replacement based on the contract being breached, but I have never heard of anyone being sucessful.
 
E

exstovie

Guest
Thanks guys for all your help, i have been too busy at work to take this any further but still no reply from the email to Dixons a week ago. So i'll start again on monday. i appreciate all the advice, im not giving up on them !!#
 

wakeywarrior

Established Member
It is very hard to get them to do this though, there have been a few cases in the car industry where somone has bought an old model, had loads of problems, been offered a refund and tried to get the newer model as a replacement based on the contract being breached, but I have never heard of anyone being sucessful.

The law is as stated, Gizlaroc. Unaware of any reported case law where what you say has been found Gizlaroc. If you have the names of the cases where this has taken place, let me know and I will attempt to retrieve them and read them because I would be interested in this.

Each case is taken on its own facts but it is a fact that you are entitled to be put back in a position you would have been had it not been for the breach.

The main difference I see with a car is that there will be plenty of nearly new examples about, so buying one of those instead is possibly more reasonable. Perhaps if there are such cases, they fell down because it was proven that the purchaser could have sourced the same model if he had looked.

Without knowing the full facts of a case and reading the judgment, it is impossible to tell why such cases failed- if they did!
 
K

Keyman

Guest
I work in retail and keep in close contact with trading standards (following their advice). Under the SOGA, if you have been offered a full refund for a faulty set, that's it. There may be ground for consequential loss, but where is the end of a piece of string and this is often not considered. There is no ground to demand a better set. 'Better' can be defined differently between individuals too (i.e. what makes a panaonic better than a pioneer)

The situation will only differs if the sales contract provides more than the basic SOGA.

My advice, shxt happens........Take the money. I do not think you have lost out. On the other hand Dixons would have lost money on giving a refund, they have offer their duty.

I maybe wrong but I don't think so. Check with trading standards if you are not happy.
 

shafqat

Standard Member
Hi I work for the pcworld chain of dsgi. if you bought you TV and it was end of line or discontinued when you bought it then you are only entitled to a refund they will only change/swap it if they can get hold of one, which they cannot. I know because i tried to by TH37PX60cab and i found that we only have display stock thought the chains. If was not end of line or discontinued at the time you got your set then you are entitled to a replacement set no matter what the price is. This is there company policy and is part of there terms. The only way to get a exchange is to write to head office and complain. (the set is only £400 with a cab @ pcworld if you can find one & are will to buy a display mode the TH42PX60P is only £600 there still is a few of these through the chain. PS sorry about the spelling.
 

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