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Faulty TV just outside guarantee period (Currys)

Hi All,

Hope I'm posting this in the right place.

We bought a Panasonic Plasma tv from Currys online in December 2006. It broke down in June 2007 and we had a replacement delivered on 31 July 2007 with a fresh 12 month guarantee starting from then.

Tonight while we were watching our current set, a vertical green line of, I assume, dead pixels appeared on the screen - it won't go away. The tv's now about 5 weeks outside of it's guarantee :(:(:(

I've been reading about the Sale of Goods Act on this site - I hope we've got a pretty good case under that so I'm going to ring Currys in the morning.

I've also seen stuff about alternatively making a claim against my credit card company under the Consumer Credit Act.

I'm going to ring Currys first but was wondering what I should do next - should I go down the route of sending letters to Currys then to small claims court or make a claim against my credit card?

Also, is there any particular wording I should use when I phone? Any advice gratefully received, thanks in advance :)
"Don't sacrifice what you want most for what you want now"

MFW: Mortgage Cleared!!! 14 1/2 years early :D
«13

Comments

  • Id ring them tomorrow, see what they say...

    Item should last a reasonable life & that.. ;)
  • Lakeuk
    Lakeuk Posts: 1,084 Forumite
    Part of the Furniture
    Would the 6 year rule come into play, the issue you describe does sound like what you'd expect through wear/tear and I'd expect a plasma to last alot long than 12mths


    2 The Sale of Goods Act 1979, amended in 1994, says that when you buy goods from a trader they must correspond with the description, be of satisfactory quality - which includes lasting a reasonable length of time - and be fit for the purpose. If the goods aren't of 'satisfactory quality', you're entitled to claim your money back or to claim compensation, which is normally the cost of repairs. This lasts for up to six years after you bought the goods - five years in Scotland. The retailer, not the manufacturer, is legally obliged to sort out the problem if the goods don't meet these requirements. A manufacturer's one-year guarantee is in addition to these rights - many offer free repair or replacement without quibble. Extended warranties are an extension of this.
  • CHR15
    CHR15 Posts: 5,193 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    When I have had issues like this in the past I have been informed that only FIRST 12 Month period is your warranty.

    Even the new replacement TV would only be covered until the Original 12 Month period is up (Dec 2007).

    I don't think you will have any success from the retailer but the manufacturer may be worth approaching.
  • CHR15 wrote: »
    When I have had issues like this in the past I have been informed that only FIRST 12 Month period is your warranty.

    Even the new replacement TV would only be covered until the Original 12 Month period is up (Dec 2007).

    I don't think you will have any success from the retailer but the manufacturer may be worth approaching.


    This is not correct! The sales of goods act 1979 covers goods up to 6 years in England dependant on the cost and the expectation of how long it should last. I would expect a plasma tv costing a reasonable amount to last longer than a year. It is the retailers responsibility to offer a suitable remedy which could include repair, replacement, but this is up to the retailer. The op should first ring Currys but it is very likey they will do anything. The next course of action is to write them a letter, to head office, quoting the sales of goods act 1979 'That goods should last a reasonable amount of time and be fit for purpose'. Send it recorded mail keeping a copy. Give them 14 days to reply. If they do not reply send them another letter stating that if they do not offer you a suitable remedy you will take it further. If they do not reply then the next action would be small claims court, which you should write to them telling them that you are taking it further. Consumer direct have excellent template letters on their website. You may be in for a fight but it is worth pursuing.

    How did you pay for it, if you used credit under the Consumers credit act 1975 they are jointly liable and this would be worht quoting in your first letter if they do not assist you then you will be forced to contact the credit company.
  • CHR15
    CHR15 Posts: 5,193 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I don't dispute whats being said but the item which was bought is no longer in the possession of the purchaser, It was replaced under warranty.

    This TV is a different one.

    I just tried googling for an example.

    http://pioneer-electronics.co.uk/return-policy.htm
    A replacement item, if sent, does not restart, or in any way extend, the warranty period.

    The SOGA mentioned above is different from the supplied 12 Month warranty from Curry's.

    Good luck with it :)
  • CHR15 wrote: »
    I don't dispute whats being said but the item which was bought is no longer in the possession of the purchaser, It was replaced under warranty.
    This TV is a different one.

    I think that depends on whether currys or panasonic changed the tv, if it was currys then they are still liable, if it was panasonic then i dont think they are, tho i may be wrong
  • SOGA SOGA SOGA SOGA!

    A soga fight.....! Hoorah, another one! Hoorah!

    Under the sales of goods act 1979 an itme brought blah blah blah 400 years blah blah
  • SOGA SOGA SOGA SOGA!

    A soga fight.....! Hoorah, another one! Hoorah!

    Under the sales of goods act 1979 an itme brought blah blah blah 400 years blah blah

    Scoff as you may, but it is the law afterall!!

    If you have a problem with it as your best buddy and yourself would say 'seek compensation'.
  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Scoff as you may, but it is the law afterall!!

    If you have a problem with it as your best buddy and yourself would say 'seek compensation'.

    I have to agree with dangeroussports to a great extent.

    SoGA does NOT give a 6 year warranty. It says that items may be expected to last up to that period. After the usual 12 months warranty the onus is on the consumer to prove that the item was defective in some way - when he bought it and that this defect caused the item to fail after the 12 month period - very difficult !
  • moonrakerz wrote: »
    I have to agree with dangeroussports to a great extent.

    SoGA does NOT give a 6 year warranty. It says that items may be expected to last up to that period. After the usual 12 months warranty the onus is on the consumer to prove that the item was defective in some way - when he bought it and that this defect caused the item to fail after the 12 month period - very difficult !

    Where have I said that the SOGA is a warranty. I realise that it covers items up to six years depending on what the reasonable lifespan of the product is. If the retailer does not co-operate then the consumer will have to pursue it through the small claims. I have had personal experience of getting repairs for myself and my clients after the 12 months initial period is over, but depending on the retailer it can be a laborious fight.
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