Faulty TV
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akkers
Posts: 259 Forumite
I had the misfortune of buying a TV from a high st shop. On installing the TV I found that the picture was a little shaky or strob'y (technical name Judder). I checked all settings but to no avail. I contacted the store and then visited the store with my camcorder and a USB stick. I was able to demonstrate the problem on one their TVs of the same model and on another more expensive model. They could see the problem but just shook their heads.
I did some research and found that Panasonic TVs have a design fault called the '50Hz bug' which they have been unable to fix. So I wrote to the store declaring the TV faulty and not fit for purpose, demanding my money back. They refused. They did offer to procure for me a TV of another brand. I refused becuase I did not trust them anymore and was fearful that they would flog me a grey import (they are franchised for panasonic brand only).
Several emails were exchanged, my solicitor was involved etc. They even took the TV in to the workshop to give it the seal of approval (no fault found). They even returned the TV from the workshop with scratch marks on the back.
As I was instructing my solicitor to proceed court proceedings he asked me to talk to the bank as the TV was bought with a credit card which means they were jointly responsible, before going to court.
I have spoken to the bank and they have invoked their credit card dispute system. However, they have been darn slow in acting. If they cannot resolve the issue then we will go to court.
My worry is that with the credit card resolution I cannot claim anything other than the amount I paid. With the court I can have the TV tested independently and have the costs claimed under court costs.
Anyway any advice would be appreciated.
I did some research and found that Panasonic TVs have a design fault called the '50Hz bug' which they have been unable to fix. So I wrote to the store declaring the TV faulty and not fit for purpose, demanding my money back. They refused. They did offer to procure for me a TV of another brand. I refused becuase I did not trust them anymore and was fearful that they would flog me a grey import (they are franchised for panasonic brand only).
Several emails were exchanged, my solicitor was involved etc. They even took the TV in to the workshop to give it the seal of approval (no fault found). They even returned the TV from the workshop with scratch marks on the back.
As I was instructing my solicitor to proceed court proceedings he asked me to talk to the bank as the TV was bought with a credit card which means they were jointly responsible, before going to court.
I have spoken to the bank and they have invoked their credit card dispute system. However, they have been darn slow in acting. If they cannot resolve the issue then we will go to court.
My worry is that with the credit card resolution I cannot claim anything other than the amount I paid. With the court I can have the TV tested independently and have the costs claimed under court costs.
Anyway any advice would be appreciated.
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Comments
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Your solicitor obviously hasnt explained things very well to you.
Section 75 of the consumer credit act makes the card company jointly liable. You have the same rights with them as you do the retailer.
They are responsible for the reasonable (key word) costs incurred due to the breach in contract. Their liability is not limited to that of the purchase price - they have the same liability as the retailer.
If your bank rejects a section 75 claim, imo your next step would be the financial ombudsman - which doesnt cost you anything unlike court - you can still proceed to court should the ombudsman reject your claim.
Your card issuer may require an independent report to state the fault is inherent - the cost of which they should refund if the report finds in your favour.
When did you buy the tv and when did you first contact the retailer about the issues?You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
I bought the TV on 18th Oct and realised immediately that it was faulty. I tried my best to get tweak the settings but to no avail. I then telephoned the store on 18 Oct to tell them of the problem and then visited the store on 21 Oct to demonstrate the problem. From then on there numerous letters and emails with the retailer not relenting. The bank have invoked the Chargeback process for now although they dragged their feet at first.0
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Since it is within the first six months since purchase the onus is on the retailer/credit card provider to prove the tv is not faulty if they want to refuse a resolution. It also sounds like you made clear to them that you do not accept the tv within a reasonable time from purchase so you should be entitled to a full refund (rather than repair or replacement).
Make sure the bank is clear you are claiming under Section 75 of the Consumer Credit Act (not a chargeback). Do note that this law only applies if the TV cost more than £100 though.0 -
You seem to be wasting money on a solicitor and running up unnecessary costs.0
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its laughable really.harrys_dad wrote: »You seem to be wasting money on a solicitor and running up unnecessary costs.0 -
Actually I did not accept the offer of another TV because I suspected that the other panasonic TVs in there had the same problem and they only hold franchise for Panasonic. They said they could get me another brand but I feared that they might get me a grey import from somewhere. Quite frankly I had lost all trust in them.0
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The '50hz bug' is specific to plasma tvs, isn't it?"You were only supposed to blow the bl**dy doors off!!"0
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I had a Panasonic for 15 years with no problem.
Or are you trolling.....make the most of it, we are only here for the weekend.
and we will never, ever return.0
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