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Legal help required

Discussion in 'General Chat' started by scooby do, Jul 27, 2005.

  1. scooby do

    scooby do
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    Anyone help/advise.

    Tv has been in repairers for 2 months (Tv 10 months old), the repairers have now said they they cannot spend anymore time on it and are writing it off. The set only had an 8mm slope left to right but apparantely has had many parts changed and even a new chassis (please note it is a CRT RPTV!). The repair was arranged through the network of approved repair agents. I feel that not only is a refund due (or a replacement of equal/better) but some form of compensation should be issued. Retailer is now saying that they need to wait for a full report before they can offer anything. I feel this is not fair and is their problem not ours and we should not have to wait any longer. Guys what do you reckon?
     
  2. Eddy Boy

    Eddy Boy
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    Did this happen from new? Did you raise this when you saw it? What is the warranty on the product?
     
  3. scooby do

    scooby do
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    Tv is my parents, yes it had a slope from new, was going to correct myself but never found the time so they reported to retailer who then arranged through manufacturers approved service agents. Warranty is 1 year plus another year via my credit card (supplied free of charge under the terms of my card).

    Thanks
     
  4. Astaroth

    Astaroth
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    Read the sticky thread at the top of the forum on the sales of goods act - it is the most applicable consumer protection policy currently in force.
     
  5. Greg Hook

    Greg Hook
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    Can't see why you wouldn't get a replacement. TV is well within the 12months basic warranty. Sounds like they are just dragging their feet. Read the sticky Astaroth mentioned and start quoting stuff at them. That should gee them up a bit.
     
  6. PoochJD

    PoochJD
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    Hi,

    As a trainee lawyer, I concur with what everyone else says. What you need to do is write a letter stating that you / your parents want a replacement TV set, equal to or better than the oen they've been repairing, and that this is your legal right under the "The Sale and Supply of Goods to Consumers Regulations 2002". (This is the law that has now replaced the Sale Of Goods Act 1984!)

    Explain, that if the new TV set is not received by Midday on the 30th August 2005, that you will be taking them to the Small Claims Court. Also state, that if need be, you will involve local media, and that this is not to be constituted as any kind of threat, but as a promise of what you can and will do, should the company not fulfill the terms of this letter.

    Send your letter to the company by Registered Delivery. That way, they can't claim to have not received it. If you can, tell us (AVForum people) who the company is, and we'll see if we can find out who the head honcho is, so that you can send the letter directly to them, rather than just the usual Customer Services address.

    Hope that's more useful to you. Good Luck, and let us know how it goes! :)


    Pooch
     
  7. scooby do

    scooby do
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    Cheers Pooch just the sort of thing I was looking for. I have played this game with another E-retailer and was more or less told see you in court. In the end I decided to take the TV to the store I purchased from and got a result that way. This was after Philips technical manager saying nothing was wrong with the TV!

    The TV in question has since been discontinued and replaced with a lesser model. So I think they may struggle to replace with the same model. We are interested in perhaps going the plasma route (MAW's special offer on the forum), obviously this we would require a refund to explore this avenue. We would then be better going small claims route as we could then look for some compensation as well which would help fund the extra monies required. But could we loose out going this avenue as reading the guidelines we could been deemed as having usage of the product for 10 months etc etc. My dad had to take a day of work due to pick up of TV and they have also been without their TV for over a month with no loan TV, only when a fuss was kicked up was a loan set offered so I would imagine "significant inconvenience" has been endured.


    Your thoughts ?
     
  8. PoochJD

    PoochJD
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    Hi,

    1) It doesn't matter if the TV model you are curently having repaired, has now been superceded by a superior model, or receded by a lesser model. (I'll explain why in a moment.)

    2) The fact's are these, from what you have said in this forum thread:
    - you bought TV in September 2004 (approximately)
    - TV was used for 8 months
    - At this point, it developed a fault - the 8mm left-to-right slop.
    - Was sent to a repairers
    - They've spent 2 months on it, and are now saying they won't spend anymore time on it, and are writing it off.
    - You feel a refund, or replacement and/or compensation is due.

    If I've got the above facts completely accurate and correct, then by UK law - "The Sale and Supply of Goods to Consumers Regulations 2002" - the company you bought the TV set from (not the repairers) are libale to either:
    - replace your existing faulty set with one of an equivalent or greater value, or
    - repair your current TV satisfactorily within a "REASONABLE TIME".

    The law, does not state what constitutes a "reasonable time". However, I'd say 2 months to repair a TV that's not even 1 year old, is more than "reasonable"!

    The fact that you are interested in getting a Plasma TV rather than a regular CRT TV is irrelevant, at this point.

    The solution, is exactly what I previously posted. You send your letter by Recorded Delivery to the Retailer, not the Repairer or Manufacturer, and fully explain (including all dates and any staff names you may have) what has happened since you bought the TV. Enclose a photocopy only of any invoices and receipts that show when you bought the TV, and how much (if anything) you've spent on repairs or replacement parts.

    Then, send the letter, and tell them you want a full refund or a replacement of equal-to or greater value than, as is your legal right. Give them approximately 1 month - e.g. the end of August 2005 - and then say that after this date, you will be taking them to the Small Claims Court.

    If this becomes necessary, you should ask for:
    - the full value of what you paid for the TV set
    - about £25 in expenses for travelling to/from the store, and phone calls and letters to sort out repairs
    - and then another £100 to £150 for "damages" or compensation
    - the equivalent of what your dad lost in one days wages
    - about £2 to £3 per day for all the days you were without a TV set at all
    - plus your court fees (which will be about £30).

    However, be reasonable. Don't go setting too high a value, or else you will loose the case. Be realistic. £500 to £750 is reasonable (depending on how much the set cost, of course). Ask for over a £1000 without any evidence to back up your claim, and you'll more than likely have it radically reduced by the Small Claims Court.

    More than likely, a retailer will settle before hand, rather than have the hassle and potentially unwanted bad press in the media of a Small Claims case!

    Like I say, send the letter to the head of the Retailer, and then just wait for a response. (If you want to find out the name of the manager of the store, a good solution is to phone up the comapany, and pretend you want to apply for a job there, and you'd like to send your letter directly to the Manager. That should normally get you the info you need.)

    Good Luck, and if I can be of any more help, I'll certainly try my best. :)


    Pooch
     
  9. scooby do

    scooby do
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    Pooch you are a star. Just the sort of food for thought and guidelines that I needed. Find CAB and trading standards ok for the basics and I am aware of most of what is contained within SOG and understand the spirit of the law but your advise is invaluable and will pass onto my Dad to give him a baseline to work from.

    Regarding the facts, I think the slope was apparant after the wow factor of upgrading from 29 inch to 42 inch had subsided from day one. I originally was going to fix myself for them but it would have been a good day taking the TV apart and adjusting the CRT's to give a straight and level raster. A full service level convergence would have then been required with focus and geometry tweeks.

    Obivously I should not be "fixing" a TV that is under warranty but knew that I probably would have done a better job as I would not be trying to do it under tight timescales so we decided I would do it. Family commitents did not allow me to have a day spare to fix a TV so we decided to go the warranty route thus the delay in reporting to the retailer.

    Anyway thats enough rambling and thanks again
     
  10. PoochJD

    PoochJD
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    Hi Again,

    Glad to be of use! :)

    If the slope was apparent right from day 1, then you have an even better case against the retailer, as the goods are seen - in the eyes of the law - as "defective, and unfit for their intended purpose". Make this known in your letter.

    I'm glad you didn't attempt to do any fixing of your TV, as if you had done the slightest thing, any warranty or chances or repair or replacement, would have gone right out of the window, and you wouldn't have any say in the matter. You'd basically have to suffer with the fault.

    Anyway, get the letter written, enclose the photocopies of relevant info, include any quotes "from the Sale and Supply of Goods to Consumers Regulations 2002" as well, and give the retailer one month only. Then sit back, and wait.

    Okay, that's all for now. I've said more than enough, I think. :D


    Pooch
     
  11. scooby do

    scooby do
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    All sorted. TV was repaired by a Toshiba engineer at the approved repairers premises.

    Cheers
     
  12. Steve N

    Steve N
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    :thumbsup: :thumbsup: :thumbsup:
     

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