[yahkjr]

OK Guys and Galls, need some advice here.

Bought a Toshiba 42WH46 TV, my first RPTV, in October last year, through a credit agreement. At first, everything looked OK but after a week noticed a very faint pink/red stain in the bottom left corner. Phoned the credit company how arranged for an engineer, from their service company to come out and look at it. Their advice was it was a convergence issue and the TV needed time to settle in.

After a month still had the problem, called the credit company and went through the same process.

Boxing Day, noticed that the picture from the analogue aeriel was very snowy and basically unwatchable. Watching the analogue TV signal using the signal from the VCR being fed into the TV via a SCART cable and there was no problem. Changed the coaxial aeriel cable for a different one and things were OK.

Three weeks later the problem was back and lasted for 24 hours so I am thinking there was no problem with the aeriel cable and the problem is with the TV. Phoned up the credit company and arranged for the TV to be taken away for both the faint pink/red stain in the bottom left corner, which was still there, and the loss of signal problems to be sorted.

That was three weeks ago, phoned the service company this morning and they are still waiting for a replacement “tuning module” from Toshiba and despite many phone calls, faxes and emails Toshiba still cannot tell them when they will be able to send out a replacement “tuning module”.

What should I do?

Can I reject this TV as unfit for purpose, bearing in mind I have had it since 12th October last year ?

Any advice appreciated.

Kenneth.

[GreenBars]

I'm no lawyer, however I would have thought that seeing as you made them aware of the problem after a week of having the TV and have given them a number of oppurtunities to repair it, which they have not succeeded in doing, you are in a good position to now reject the TV - you may not get 100% of the money back now as you have had it for about four months. I think it is called resission. Check out the Sale of Goods Act on the DTI website:

http://www.dti.gov.uk/ccp/topics1/gu...sumerguide.pdf

[yahkjr]

Right, since my original postI have had a look at the Sale of Goods Act and I think my position is this:

Because of the time I have had the TV and the fact that I have given them a chance to repair the set, I can no longer reject this TV and expect a full refund.

But as they have had the TV in for repair for three weeks, and still no sign of when I might get it back, I should be able to ask for a replacement as the original TV was unfit for purpose.

Again any advice appreciated.

Kenneth.

[spocktra]

I have found over the years that the nicely nicely approach seldom works.The threat of trading standards can prove useful sometimes.Rarely [for me] has it come to this.If pointed out ot them that customers have consumer rights.

[DRGL]

Don't always take the law as 100%. You have the thing on a credit agreement-i have a leather suite on 0% credit,when things went wrong it took three monts of letters etc. Only when i said if i don't get a replacement or FULL feund by X date i will cancel the direct debit for the credit agreement did they take notice!! The suite was three months old when faults appeared. Try it-send a letter both to the supplier AND the finance company I'm now sitting on a brand new leather suite

[red16v]

Hi, I have always found Toshiba to be a very professional company when it comes to after sales service. My advice to you is to ring Toshiba themselves and explain the situation to them directly. You have been very patient and I would be surprised if Toshiba did not acknowledge that. If you speak to them in a calm polite fashion you may get a result. Just my advice, regards, yt.

[Wackojacko32]

Right, since my original postI have had a look at the Sale of Goods Act and I think my position is this:

Because of the time I have had the TV and the fact that I have given them a chance to repair the set, I can no longer reject this TV and expect a full refund.

But as they have had the TV in for repair for three weeks, and still no sign of when I might get it back, I should be able to ask for a replacement as the original TV was unfit for purpose.

Again any advice appreciated.

Kenneth.

I am going through a similar process at the moment with my Philips TV, although it is barely 2 months old. I have Which? Legal cover and would broadly agree with what you have said above re SOGA 1979, although I think it only applies to inherent faults (i.e evident at the time of purchase). If they refuse to give you a replacement then you can request a partial refund for the time you have used the set. Given that TV's last probably in excess of 10 years (my JVC is still going strong, I hope I haven't just cursed it) then probably a twentieth of the original value would be an appropriate reduction. Given that the cost of the TV has fallen you could probably still buy a new one with the refund

DRGL makes a valid point as the credit company of equally liable under the Consumer Credit Act Section 75 for any breach of contract, i.e selling faulty goods.

Wackojacko32

PS These opinions are my own based on my experiences to date, I am not a lawyer. If in doubt take legal advice. CAB might be worth a shot at no cost.