Can someone have a go at settling this argument. I bought a TV from
Currys in January, and it now no longer gives a satifactory picture.
Took it back on Monday(Bank Holiday), with receipt expecting refund.
Manager said he could only send it back for repair. I quoted SOG act
and said it was my decision to have a refund. He refused. What should
I have done in the Shop. My wife said if I left the TV on the counter,
went over to the shelves, pick up the same model, and just walked out,
leaving name and address of course. Would I be arrested/
stopped(physically)

wrote in message
...
Can someone have a go at settling this argument. I bought a TV from
Currys in January, and it now no longer gives a satifactory picture.
Took it back on Monday(Bank Holiday), with receipt expecting refund.
Manager said he could only send it back for repair. I quoted SOG act
and said it was my decision to have a refund. He refused. What should
I have done in the Shop. My wife said if I left the TV on the counter,
went over to the shelves, pick up the same model, and just walked out,
leaving name and address of course. Would I be arrested/
stopped(physically)

You've had the TV since January and it has now developed a defect. I don't
think any court would say that you are entitled to reject the goods and have
a refund. They can repair or replace it at their discretion.

If you had picked up the same model and walked out, they could have called
the police and had you prosecuted for theft. You would have had an arguable
defence that you genuinely believed you had the right to take the item. But
you might end up in court, trying to argue this and maybe losing.

wrote:
Can someone have a go at settling this argument. I bought a TV from
Currys in January, and it now no longer gives a satifactory picture.
Took it back on Monday(Bank Holiday), with receipt expecting refund.
Manager said he could only send it back for repair. I quoted SOG act
and said it was my decision to have a refund. He refused. What should
I have done in the Shop. My wife said if I left the TV on the counter,
went over to the shelves, pick up the same model, and just walked out,
leaving name and address of course. Would I be arrested/
stopped(physically)

LOL - You obviously have no idea of SOG act. Make sure you have someone
to bail you out.

"Anthony R. Gold" wrote in message
...
On Tue, 26 Aug 2008 11:56:16 +0100, "The Todal"
wrote:

If you had picked up the same model and walked out, they could have
called
the police and had you prosecuted for theft. You would have had an
arguable
defence that you genuinely believed you had the right to take the item.
But
you might end up in court, trying to argue this and maybe losing.

Would the CPS proceed in such a case? I can't see that someone with known
name and address taking this set to replace the one that failed meets the
Ghosh test for dishonesty. Sounds like a slam-dunk civil matter to me.


In practice the staff would be *very* likely to try and stop him which would
likely end in a scuffle and smashed TV followed by police arrival

--
Alex

"I laugh in the face of danger , then I hide until it goes away"

www.drzoidberg.co.uk

Can someone have a go at settling this argument. I bought a TV from
Currys in January, and it now no longer gives a satifactory picture.
Took it back on Monday(Bank Holiday), with receipt expecting refund.
Manager said he could only send it back for repair. I quoted SOG act
and said it was my decision to have a refund. He refused. What should
I have done in the Shop. My wife said if I left the TV on the counter,
went over to the shelves, pick up the same model, and just walked out,
leaving name and address of course. Would I be arrested/
stopped(physically)

After that amount of time you would not be entitled to a refund. You should
go and check out the relevant legislation. Also remember that adopting a
belligerent attitude does not usually help matters. You would clearly not be
entitled to take another set. The shop staff would be entitled to stop you
and would almost certainly call the police.

Peter Crosland

If you had picked up the same model and walked out, they could have
called
the police and had you prosecuted for theft. You would have had an
arguable
defence that you genuinely believed you had the right to take the item.
But
you might end up in court, trying to argue this and maybe losing.

Would the CPS proceed in such a case? I can't see that someone with
known
name and address taking this set to replace the one that failed meets the
Ghosh test for dishonesty. Sounds like a slam-dunk civil matter to me.


In practice the staff would be *very* likely to try and stop him which
would likely end in a scuffle and smashed TV followed by police arrival


It would be interesting to see what their reaction would be to the culprit
being a teacher from a local school. Hardly a good example to the pupils!
Always assuming the OP's address is genuine.

Peter Crosland

Peter Crosland wrote:
If you had picked up the same model and walked out, they could have
called
the police and had you prosecuted for theft. You would have had an
arguable
defence that you genuinely believed you had the right to take the item.
But
you might end up in court, trying to argue this and maybe losing.
Would the CPS proceed in such a case? I can't see that someone with
known
name and address taking this set to replace the one that failed meets the
Ghosh test for dishonesty. Sounds like a slam-dunk civil matter to me.

In practice the staff would be *very* likely to try and stop him which
would likely end in a scuffle and smashed TV followed by police arrival


It would be interesting to see what their reaction would be to the culprit
being a teacher from a local school. Hardly a good example to the pupils!
Always assuming the OP's address is genuine.

It would seem to be so ...

inetnum: 193.62.43.0 - 193.62.43.63
netname: DCC-LLNW
descr: Denbighshire County Council

address: Harwell Science and Innovation Campus


Peter Crosland

"Dr Zoidberg" wrote in message
...
"Anthony R. Gold" wrote in message
...
On Tue, 26 Aug 2008 11:56:16 +0100, "The Todal"
wrote:

If you had picked up the same model and walked out, they could have
called
the police and had you prosecuted for theft. You would have had an
arguable
defence that you genuinely believed you had the right to take the item.
But
you might end up in court, trying to argue this and maybe losing.

Would the CPS proceed in such a case? I can't see that someone with
known
name and address taking this set to replace the one that failed meets the
Ghosh test for dishonesty. Sounds like a slam-dunk civil matter to me.


In practice the staff would be *very* likely to try and stop him which
would likely end in a scuffle and smashed TV followed by police arrival

It's a civil matter, Sir.

Peter Crosland wrote:
If you had picked up the same model and walked out, they could have
called
the police and had you prosecuted for theft. You would have had an
arguable
defence that you genuinely believed you had the right to take the item.
But
you might end up in court, trying to argue this and maybe losing.
Would the CPS proceed in such a case? I can't see that someone with
known
name and address taking this set to replace the one that failed meets the
Ghosh test for dishonesty. Sounds like a slam-dunk civil matter to me.

In practice the staff would be *very* likely to try and stop him which
would likely end in a scuffle and smashed TV followed by police arrival


It would be interesting to see what their reaction would be to the culprit
being a teacher from a local school. Hardly a good example to the pupils!
Always assuming the OP's address is genuine.

I expect that the police are more than used to those from the
"professional classes" making fools of themselves.

Local teachers aren't in the, "I play golf with the Chief Constable's
wife" league, that they presumably much enjoy meeting.

With any luck, the police officer will be an ex-student of the very same
teacher...

Ex-students can be quite a revelation - it really is amazing how a few
years, a wife (sorry "partner") a few kids plus a mortgage wears away at
the rough diamonds and turns them into the same mush as everyone else..

--
Sue

"Anthony R. Gold" wrote in message
...
On Tue, 26 Aug 2008 03:29:09 -0700 (PDT),
"

wrote:

Can someone have a go at settling this argument. I bought a TV from
Currys in January, and it now no longer gives a satifactory picture.
Took it back on Monday(Bank Holiday), with receipt expecting refund.
Manager said he could only send it back for repair. I quoted SOG act
and said it was my decision to have a refund. He refused. What should
I have done in the Shop. My wife said if I left the TV on the counter,
went over to the shelves, pick up the same model, and just walked out,
leaving name and address of course. Would I be arrested/
stopped(physically)

You could not justifiably be arrested for theft

oh yes you could, I know of a current case were the same thing happened

but you could be restrained
by force from removing their property without their permission if the
store
chose to do that.

they wait until you're outside then drag you back or the police will not
charge
the person

But maybe your attempt to take the property in the
knowledge that you did not have their permission amounts to a breach of
the
peace which could lead to your arrest.


no it's called shoplifting in most shops, any fight during being restrained
can be
classed as breach of the peace, but the police will ignore that bit unless
they
are present

Tony

I would be asking in what way is the picture inferior and how is the TV
faulty. The
man sounds like he is 45+, fairly rude and thinks shouting infront of an
audience will
get him what he wants. He could have either bad reception due to a
rubbish TV aerial - or he has messed with settings, doesn't know how to get
them
all back to normal and just keeps telling everyone it is faulty.
Perhaps asking for advice in the shop would result in a much easier way to
change
the TV.
I have taken a TV to Currys and asked "how do I arrange to have this
repaired".
A TV I bought went faulty and put lines over the screen. I was asked for
the receipt
and the man said, "go and see if we have any or pick another and pay the
difference
if you prefer". No messing about, no quoting sale of goods acts, no trying
to shout
at people and be rude! I paid £20 more and got a much better TV as mine was
1 week before the 12month guarantee run out.

If you go in to a shop shouting, complaining, trying to have a go then you
will get nowhere.

Now, do you want help with your TV settings or your aerial problem!