LCD TV problem - my rights

[themalster]

Hi guys,

In Feb 2007 i purchased a 32" LCD tv from Comet. In the 2 and a half years i've had it, i have had to get engineers out twice to fix it, and this morning when i went to switch it on i heard an electircal buzzing and it sounded like something had blown inside so the tv didnt come on.

Unfortunately i have misplaced the paperwork but was wondering whether i had any rights for them to replace the tv or if i would need to pay an engineer as i am (i presume) outside of the guarantee?

Any help greatly appreciated

[PeteHull]

I would think that after 2 and half years the guarantee will have expired, however in any case you would need the proof of purchase reciept ect. If you could remember who you bought it off you could have a word with them and no doubt see thier terms and conditions, but to me it seems that they have probably fulfilled those anyway. They will of course be able to affer a repair service.

pete

[New Judge]

Guarantees (and �extended warranties�) provided by manufacturers or retailers do not usually add anything to consumers� rights. Terms and conditions set by them cannot overrule the provisions of the Sale of Goods Act and under this act goods must be, among other things, fit for purpose and of reasonable quality. Neither of these is defined under the Act and it is ultimately up to courts to decide what is appropriate in each case. In your case it is a question of how long you can reasonably expect a TV set to last.

An EU directive in 2002 gave an absolute minimum of two years for all goods purchased in the EU:

http://ec.europa.eu/dgs/health_consumer/librar y/press/press31_en.html

However, in many cases that have come to court in England and Wales it has been ruled that it is reasonable to expect electrical goods to function properly for up to six years from purchase.

In any case it is the retailer who has the responsibility for remedy. The remedy may take the form of replacement, repair or compensation and the choice of which of these is suitable is the customer�s.

You do not need a receipt to pursue a claim. You will need to be able to show (or at least state) where you bought the TV and when. The retailer cannot simply dismiss your claim because you have no paperwork, but it may make your task a little more difficult. A chain such as Comet keeps comprehensive sales records and they should be able to trace the transaction from your name and address.

They will almost certainly try to suggest that as the manufacturer�s guarantee has expired then nothing can be done. You must stick to your guns and be prepared to pursue the matter through the small claims section of the County Court if necessary.

[themalster]

Thank you New Judge. I'm still a bit miffed that i have had to pay �30 for the engineer to come and look at it, without the guarantee he will be able to fix it. Also, as it is a discontinued tv i don't want have to pay for a newer version (having already paid �800 for this one just over 2 years ago).

I have also just contacted Comet and they have said that if the engineer can't fix it then "there's nothing else they can do"!!

[ELVIS68]

I`ve had this problem, I got in touch with Trading Standards and they advised me what to do.

At first the company didn`t want to know then after threatening them with court action they asked me to get the set inspected by a LG approved engineer to prove the fault was inherent which I did.
They then offered to inspect the set themselves which I declined and started court proceedings

[themalster]

Thanks Elvis,

I am going to wait and see if the engineer can fix it. Then i will contact trading standards. I asked the manager at Comet customer services whether he thought 3 callouts in just over 2 years for a tv was "reasonable" and he said no!

[ELVIS68]

Before the court case the company who supplied my TV offered to settle out of court but Trading Standards advised me to go ahead with the case, they went into administration and the court case went ahead.

Because my TV came from an insurance claim, the judge said I should now take the Insurance company to court as they were the ones who introdudced me to the suppliers

All very complicated and it`s been dragging on for ages but I`m determined to see it through to the end

[birdie1971]

Themalster �

Following on from everyone else's comments, write to Comet explaining the situation and ask them for a replacement or refund (whichever you prefer). Give them two weeks to respond. If they don't, write to them again stating that you intend to take them to court. Give them another couple of weeks.

If you get no joy, pop down to your local magistrates court and ask for a small claims pack. From memory, it'll probably cost you about �50 to instigate proceedings � but you get this back 'when' you win (and it sounds to me like you will).

You'll get a date to attend court which will be several weeks away. Compile all the evidence you can (documents, telephone conversations you've had, etc.) and send everything off to Comet. Make a note of all your out of pocket expenses such as postage, any time off work to attend court, etc.

Turn up at court when asked. In all probability, Comet won't show up. Explain your case to the magistrate. If Comet aren't there, you'll almost certainly win. Even if a representative is there, you'll probably win (from what you've told us). When asked, list all your expenses � this will be added to your award.

The magistrate will give Comet maybe two weeks to sort the problem out. If Comet don't do anything, pop back to court and issue a warrant of execution � cost approx. �50. This will threaten Comet with the court's bailiffs � Comet won't like that one bit and will pay up.

As you may have gathered, I've done this before and believe me, it's not half as scary or as difficult as you may think. The small claims courts generally favour the 'little guy' over big business. So as long as your claim's legitimate, you'll most likely succeed.

Good luck.

[ELVIS68]

3 stars for birdie, well said

[themalster]

Thank you Birdie. I have taken that on board and will see what happens once the engineer has come to look at the tv tomorrow morning.

I know that i am causing a fuss (end of the day my warranty expired) but personally i think that 3 callouts in just over 2 years is unreasonable.

[Hammer]

You are not causing a fuss. You have paid good money for a rubbish product, and the law is on your side. Guarantees are irrelevant, the law provides you much better protection, and if only more people were aware of this we might all get better service from the likes of Comet.

[themalster]

Hi again guys.

Engineer has just gone. He couldn't fix the problem as the problem is with the power board. I've been told that it will take 9 days and that i have to pay �150 (parts and labour). This now leaves me without a tv.

Should i just go and buy a new tv or see this through?

You have all been helpful so far.

[ELVIS68]

Phone Comet and tell them you are going to start court proceedings, put it in writing too and go ahead with it

[redman41]

http://www.bbc.co.uk/blogs/theoneshow/consumer /2009/07/03/sale_of_goods_act_letter_downl.htm l
Go to the One Show link above and download letter to send to Comet.
Dom Littlewood mentioned it on last nights show as it deals with Sale of Goods Act.
Best of Luck !!

[themalster]

Thanks guys. I will be phoning Comet to say that i will be starting court proceedings. However, will i really have a leg to stand on considering they are willing to fix it (albeit for a fee)?

[redman41]

There should be no Feee involved . Go to my Link above !

[Hammer]

themalster - repeat after me...

I am right, they are wrong. I am right, they are wrong. I am right, they are wrong.

Stop being apologetic about it. You absolutely have a leg to stand on and they know it. You have the law on your side. A carefully and strongly worded reminder of their legal obligations will get you a free repair or replacement. I would do this in writing and send by recorded delivery given that they have so far tried to fob you off. I've done this myself a few times and never needed to see the court threat through.

[themalster]

Thanks Hammer. I have followed advice and contacted Consumer Direct who have told me the same thing - that regardless of warranty, the fact that something which cost a lot of money should have more than a couple of years useage. I will be writing a letter as recommended above but i will pay the �150 to get the TV fixed.

[ELVIS68]

themalster, don`t pay to have the TV fixed, tell them to pay for it, they`ll probably give you a new TV rather than sod about having it repaired anyway

[themalster]

They have already said they wont pay. So the way i'm thinking is to pay for it, keep the receipt and somehow then claim that �150 back on top of the money i want refunded for the tv. I have typed up the letter i'm gonna send them and will send it on Monday.

[ELVIS68]

No no no no no...don`t listen to them, tell them you want a repair done or you`ll take them to court, they`ll back down and will more than likely offer you a new TV rather than go to court