Sold the wrong TV, what would you do?

Ring CAB and have a word, can't see how you'd be expected to take it back though.
 
First off I'd consult with citizen’s advice for a cast iron answer, but to be honest RS don’t have a leg to stand on, it’s there mistake they gave you the more expensive model they can’t turn around 2 months later asking you to pay the difference. It also shows that they have rubbish stock control!
 
It does sound a bit like they're trying it on. If they handed the wrong TV over to you in person and gave you the wrong model I'd say that it was their mistake and they should take it on the chin, it's not like you went in and took a better model on purpose. Not sure how the law sees it though.

Ask for advice from your CAB but be prepared to wait, I once called the one in Plymouth and was told that there was a waiting list to be seen of a month or two (I forget exactly).
 
I'd be fairly sure the contract's completed when delivery of the goods occurs. There has then been, by the Sales of Goods Act definition, a sale , as there has been a 'transfer of property in exchange for monetary consideration'... or whatever.

As has been said, you could've sold it, broken it, taken it to pieces, binned it, shipped it abroad for use elsewhere or any number of other things. I'm fairly sure they have no 'right' to ask for it back.
 
jackthezipper said:
Surely if you give it back they can't sell it for 875 now since its 2nd hand :/ so paying the difference would be stupid. You would be better off getting a refund and buying the same model new again.
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Or even get a refund and then buy the exact same TV back at a discount as it's used and no longer boxed :p
 
I think if it ever went to court you would be unlikely to lose the case. Especially as you've apparently been recorded being helped out of the store with it.

The first thing I'd do would be to reply stating pretty much what you've said here, with emphasis on just how damned rude their first contact was, and how much more willing to listen you would have been if they had taken a rather more polite approach.

Then I would finish the letter with a short paragraph that you will be contacting trading standards in regards to their tone and conduct on the matter.



Edit: What I find really odd is the two month period.

Paid for Panasonic 42PX80B
Received Panasonic 42PZ85B​

How on earth does someone spot the difference on CCTV? Granted they could be in different places in the shop, but as they are similar models they are unlikely to be that far apart. If someone on security is so eagle-eyed that they could spot this difference, why the hell did it take two months for the letter to be sent?
 
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btw, if you for any reason had to have it replaced due to an inherant fault then obviously only the lower performing model would be given as replacement. I only mention this because it may have certain implications in your terms of sale contract, so it may be something worth considering. But yeah I know this is irrelevant to the topic but I already contributed above :p
 
If they were a small local electrical company I'd say fair enough and pay the difference as nearly £300 is a lot of money to them. However you say that it's a national retailer. They earn millions a year and they are worried about £300!? I bet it's just a scared manager who'll get the bollocking if their boss finds out they've sold the wrong model.
 
1. Write back to them saying you are seeking legal advice on the matter and will get back to them later. Ask RS to send evidence in the meantime.
2. Consult with CAB/Consumer Rights.
3a. If they have no right to get it back, tell them so (including evidence if you so happen to get something from CAB in writing.)
3b. If they are entitled to the tv back and RS have sent evidence, start negotiating. If no evidence, tell them to leave you alone then.

/edit having seen posts above, never thought of the implication of warranty in future.
 
[DOD]Asprilla;12731959 said:
If it's RS I assumed the process was something like this:

You say I'm interested in TV A, they run it though the till as TV A and then one of their shaved apes goes down stairs and gets you box B?

Not your problem.

With it being RS I'm guessing they noticed it was missing on their stock check and the manager got a vigorous verbal bumming from Julian Richer and now he's trying everything so that JR doesn't sack him.
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lol

The guy won't get the sack. Worst case would be he has to make up the difference from his pocket. If we all got the sack for human error no one would have a job.
 
I think they are trying it on, and would not pursue.

They are not arguing about liability here, as it is clearly their fault. So by the time you add up

- Costs of exchanging sets (Courier to your house, person to set it up, return of old set)
- Contribution towards your outlay of matching furniture
- Loss of value of second hand set against the value of the new one still sitting in their store

you are going to have wiped out the difference.

As stated I would talk to CAB, trading standards, or failing all else, call their bluff.
 
Don't ignore it. You haven't committed any crime. It was their mistake, not yours, and the onus is on them to prove their case. It sounds to me like they are simply trying it on. I'd speak to your local trading standards office about this, just to ensure you're on solid legal ground before making any reply. There may be some moral grounds for giving them the TV back, but I seriously doubt there are any legal grounds at all.
 
I'd complain to them. Explain that it's there mistake and you should not be held liable for something which was out of your control. If they brought out one TV from the store area, it's not like you picked up the wrong one.

Also Say that your busy and if they want they can swop the item over bt as you work they will have to do the leg work, meeting at your place a a given time, late in the evening is normally good. They can swop the item over. (leaving you the new items box, and take the old one away un packaged). Do this after you get home from work, say 9pm on a friday evening. They can't make, there fault.

Insist that the new one is connected and configured fully, and explain that the matching items now don't match so you'll be wanting compensation for the un-matched items.

And then to finish is off, say that you don't like the tone of the letter, and also are concerned that they got your name and address. You would like to know how they got this information, and then what right they have for using this information to chase you for additional payments, in a intimidating way. Ask for the name of the company Information officer and head office complaints.

They would probably back down "as a gesture of goodwill" as the £200 is not worth the effort for the amount of time they will have to spend.

Or you could just write to them saying you have taken note of the letter dated ?????? and that you are concerned where they got the name address and sales information for. Say that you were not aware of giving permissoin for these details you probably gave over when buying the TV to be used in this manner and that you require the company to cease processing and storing of any records that hold your address. Say you withdraw permisson for them to retain this information and then say if they continue to hassle you, your going to report them to the data commisioners office as a breach of the data protection act.

Or, just ignore the letter and see what happens.
 
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