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  • FIRST POST
    • treasach
    • By treasach 6th Jun 17, 3:02 PM
    • 65Posts
    • 1Thanks
    treasach
    Faulty 3 Year old TV
    • #1
    • 6th Jun 17, 3:02 PM
    Faulty 3 Year old TV 6th Jun 17 at 3:02 PM
    Hi, just after abit of advice please, sorry for rambling

    Basically I bought a Samsung 55 inch TV 3 years ago from Crampton and Moore, we now have a black line across the middle of it which occurred before it was 3 years old. I’ve paid for an engineer to come out and he’s advised that this is a faulty LED light, will need a new screen and completed a report which has been submitted to the retailer.

    Crampton and Moore have point blank refused to help and on three occasions told me to contact Samsung directly, but they are the retailer??? They’ve tried a few excuses not to help on different occasions, firstly I didn’t have extended warranty and then they wouldn’t cover faulty pixels (this was before they even saw the report) their final response via email was contact Samsung and here’s their number. I sent over a complaint letter requesting they contact me back in 7 days on the 23rd of May but they haven’t replied.

    I’ve now been told Trading Standards no longer will get involved with this type of thing and I need to take this to a small claims court, I suppose I just want to know am I wasting my time??

    900 quid for something that isn't even going to last three years isn't great

    Thanks
    Si
Page 2
    • macman
    • By macman 8th Jun 17, 12:22 PM
    • 41,290 Posts
    • 16,955 Thanks
    macman
    Something 'cheap and cheerful' will expire soon after it's out of warranty. Avoid Technika etc like the plague. Go to Richer Sounds and you can get a very good value 5 year warranty.
    No free lunch, and no free laptop
    • treasach
    • By treasach 9th Jun 17, 1:34 PM
    • 65 Posts
    • 1 Thanks
    treasach
    Hi all, just to give you an update, finally had a response from Crampton & Moore 8 days over my original deadline,

    They are now challenging the report by the engineer, advising it needs to be on their approved agent list. The TV engineer advised me they would try this and to tell them if they want to pay for their own engineer to come out, then they can, but they won't want to as it will cost them a fair chunk, he said if they decline to instruct their own engineer then they can't challenge his report?

    Does that sound right?
    • angryparcel
    • By angryparcel 9th Jun 17, 1:41 PM
    • 910 Posts
    • 519 Thanks
    angryparcel
    Hi all, just to give you an update, finally had a response from Crampton & Moore 8 days over my original deadline,

    They are now challenging the report by the engineer, advising it needs to be on their approved agent list. The TV engineer advised me they would try this and to tell them if they want to pay for their own engineer to come out, then they can, but they won't want to as it will cost them a fair chunk, he said if they decline to instruct their own engineer then they can't challenge his report?

    Does that sound right?
    Originally posted by treasach
    You can get an Independent report from any company you wish (notice what i highlighted) as an engineer on their list is not Independent, and will be bias towards them
    • treasach
    • By treasach 9th Jun 17, 1:42 PM
    • 65 Posts
    • 1 Thanks
    treasach
    I was going to reply with

    If you would like to instruct your own "approved" agent please feel free to do so at your own cost. But as far as I'm concerned the independent report carried out by #### is more than sufficient
    Last edited by treasach; 09-06-2017 at 1:50 PM.
    • warehouse
    • By warehouse 9th Jun 17, 1:44 PM
    • 2,970 Posts
    • 5,553 Thanks
    warehouse
    This won't help you OP but worth noting for your next TV purchase. My last TV came from Richer Sounds. A month shy of being 5 years old it packed up. Richer Sounds took it in for evaluation, couldn't get the parts to fix it so gave me a brand new TV with a new 5 year warranty.

    IE buy from somewhere with good customer stories about how things are dealt with when they go bad.
    Pants
    • treasach
    • By treasach 9th Jun 17, 1:46 PM
    • 65 Posts
    • 1 Thanks
    treasach
    This won't help you OP but worth noting for your next TV purchase. My last TV came from Richer Sounds. A month shy of being 5 years old it packed up. Richer Sounds took it in for evaluation, couldn't get the parts to fix it so gave me a brand new TV with a new 5 year warranty.

    IE buy from somewhere with good customer stories about how things are dealt with when they go bad.
    Originally posted by warehouse
    Completely agree, at the time I'd just bought a house so was transfixed by price which has bit me in the bum
    • wealdroam
    • By wealdroam 9th Jun 17, 2:03 PM
    • 18,648 Posts
    • 15,549 Thanks
    wealdroam
    I was going to reply with

    If you would like to instruct your own "approved" agent please feel free to do so at your own cost. But as far as I'm concerned the independent report carried out by #### is more than sufficient
    Originally posted by treasach
    Yes, just add those few lines into your LBA.

    Don't let their tactics delay you further.
    • treasach
    • By treasach 9th Jun 17, 3:08 PM
    • 65 Posts
    • 1 Thanks
    treasach
    I'd already sent the LBA so I put on the bottom

    "to make you aware as you missed my stated response time by 8 days, the LBA is on the way"
    • treasach
    • By treasach 9th Jun 17, 3:43 PM
    • 65 Posts
    • 1 Thanks
    treasach
    Oh now its I need a Samsung Approved agent!!! changing their tune again!
    • naedanger
    • By naedanger 9th Jun 17, 3:46 PM
    • 2,184 Posts
    • 1,768 Thanks
    naedanger
    Hi all, just to give you an update, finally had a response from Crampton & Moore 8 days over my original deadline,

    They are now challenging the report by the engineer, advising it needs to be on their approved agent list. The TV engineer advised me they would try this and to tell them if they want to pay for their own engineer to come out, then they can, but they won't want to as it will cost them a fair chunk, he said if they decline to instruct their own engineer then they can't challenge his report?

    Does that sound right?
    Originally posted by treasach
    Sounds like your tv engineer is right.

    The other party are entitled to seek their own report at their cost. So you should make the tv available for inspection if they wish, and at their cost.

    If they don't do this and the matter goes to court then the court will decide based on the evidence.

    I suspect the court would regard your testimony plus the report you commissioned to be sufficient to prove your case in the absence of any report from the other party.

    If the other party do decide to pay for a report that disagrees with your report you could still take them to court and the court would again decide based on all the evidence what to believe.

    Either party can challenge the other party's evidence so either party could challenge the qualifications or independence of anyone undertaking a report. (However this is a small claims matter so the court won't be expecting a report from some expert in the field merely a competent, unbiased report.)

    As others have said tvs are generally expected to be very durable so I would have thought in the absence of physical damage, and in the absence of any report suggesting evidence of misuse, you would win a partial refund. (But of course that is just my layman's view.)

    Just seen your post about a Samsung Approved agent. I would again leave that for the retailer to pay. (If they ask you to agree to pay the cost of the report should they find the problem was not inherent then refuse. You already have the evidence you need. Plus a Samsung Approve agent may have a vested interest to keep Samsung sweet.)
    • treasach
    • By treasach 9th Jun 17, 4:36 PM
    • 65 Posts
    • 1 Thanks
    treasach
    Sorry could I have a bit of advice on my next response please, her reply is

    "After the first six months the burden is on the customer to prove that the product was faulty at the time of delivery and it needs to be with a registered approved repair agent."
    • neilmcl
    • By neilmcl 9th Jun 17, 5:04 PM
    • 10,027 Posts
    • 7,007 Thanks
    neilmcl
    Sorry could I have a bit of advice on my next response please, her reply is

    "After the first six months the burden is on the customer to prove that the product was faulty at the time of delivery and it needs to be with a registered approved repair agent."
    Originally posted by treasach
    Tell them that whilst you agree then onus is on you to prove the fault is inherent there is no such stipulation in the legislation that states this has to be done via a "registered approved repair agent", an independent expert is quite enough and the only one who can decide whether your independent engineer's report is from a credible "expert" would be a judge.

    Again, if they are disputing the validity of your report then they can go ahead and commission their own report, at their own cost, with whom ever they so wish.
    Last edited by neilmcl; 09-06-2017 at 5:06 PM.
    • treasach
    • By treasach 9th Jun 17, 5:18 PM
    • 65 Posts
    • 1 Thanks
    treasach
    God bless you!!

    ok see what she comes back with next, it's just going backwards and forwards with no real end in sight so I've just said please respond to the LBA in writing instead of email, so I can escalate the matter instead of them just wasting time
    • waamo
    • By waamo 9th Jun 17, 6:00 PM
    • 2,020 Posts
    • 2,441 Thanks
    waamo
    If you've sent an LBA presumably you've given them a deadline to come to a satisfactory conclusion. If that is the case then stick to it. There is no point playing email tennis forever and a day.

    I'm also not sure why you've insisted they use post to answer and not email. Courts are more than happy with emails as a letter trail.
    This space for hire.
    • treasach
    • By treasach 9th Jun 17, 6:06 PM
    • 65 Posts
    • 1 Thanks
    treasach
    I'm also not sure why you've insisted they use post to answer and not email. Courts are more than happy with emails as a letter trail.
    Originally posted by waamo
    It was more to shut her up, every time I sent an email saying just respond to my LBA when you receive it, she sent an instant response in 0.3 seconds back with another excuse, its like the Austin powers shush scene but over email and she's doing my head in
    • waamo
    • By waamo 9th Jun 17, 6:18 PM
    • 2,020 Posts
    • 2,441 Thanks
    waamo
    I suspect it's a tactic to bog you down and lose sight of deadlines.
    This space for hire.
    • neilmcl
    • By neilmcl 9th Jun 17, 8:45 PM
    • 10,027 Posts
    • 7,007 Thanks
    neilmcl
    At the end of the day they can either accept your "proof" of the fault and act accordingly or not. If they don't then the next step is to follow it up with a small claim.
    • treasach
    • By treasach 12th Jun 17, 3:28 PM
    • 65 Posts
    • 1 Thanks
    treasach
    So they are paying for a Samsung Engineer to come and see the TV so we shall see what his report states!
    • treasach
    • By treasach 27th Jun 17, 4:24 PM
    • 65 Posts
    • 1 Thanks
    treasach
    Hi Guys, hopefully last bit of advice I need, so basically they didn't respond to my letter before action so I am going to instruct the small claims court.

    Do I need to send a specific letter to crampton and moore advising what I am about to do? Should I list the failures of Crampton and moore in the lettter???

    Thanks
    Si
    Last edited by treasach; 27-06-2017 at 4:31 PM.
    • wealdroam
    • By wealdroam 27th Jun 17, 4:35 PM
    • 18,648 Posts
    • 15,549 Thanks
    wealdroam
    Hi Guys, hopefully last bit of advice I need, so basically they didn't respond to my letter before action so I am going to instruct the small claims court.

    Do I need to send a specific letter to crampton and moore advising what I am about to do? Should I list the failures of Crampton and moore in the lettter???

    Thanks
    Si
    Originally posted by treasach
    Presumably your LBA included something like:
    "if you don't [do the right thing] within 14 days, I reserve the right to start court action without further notice".
    Have a read of MSE's Small Claims Court guide and then on to MCOL.
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