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  • FIRST POST
    • nrps1
    • By nrps1 23rd Aug 17, 10:40 PM
    • 55Posts
    • 3Thanks
    nrps1
    Small claims case likelihood
    • #1
    • 23rd Aug 17, 10:40 PM
    Small claims case likelihood 23rd Aug 17 at 10:40 PM
    Hi!

    Very quickly I'll go over my issue! I'm to pay to go to the case I've brought against a tv seller for a tv over £1200. TV developed a fault, I had to send it to them and they took a month to decide I needed a replacement. That arrived and although works, the screen is not in the condition I would expect, it is clearly a poorly refurbished set. They claim this is clear in the auction I purchased from, but that long expired.

    Before I pay the final £115 and compile witness statements and expert review, what would you say my chances of success are, seeing as the set does work and the screen issues are mostly present when off?

    Thanks!
Page 1
    • unholyangel
    • By unholyangel 23rd Aug 17, 11:13 PM
    • 11,278 Posts
    • 8,492 Thanks
    unholyangel
    • #2
    • 23rd Aug 17, 11:13 PM
    • #2
    • 23rd Aug 17, 11:13 PM
    You mention auction, did you buy the original set via auction? Otherwise I don't understand this part:

    They claim this is clear in the auction I purchased from, but that long expired.
    Originally posted by nrps1

    We really need as much detail as possible. Purchased original set x date from xyz retailer online/in store/at a auction (if it was an auction, was it possible to attend the auction in person), delivered x date, reported as faulty on x date, replacement delivered x date.

    Also, how does the replacement differ from what you purchased? Was it a replacement on a like for like basis (similar age, condition, specification etc)?

    And lastly, how did you pay for it all? Cash, cheque, card? If by card, was any third party involved (such as paypal)?
    Money doesn't solve poverty.....it creates it.
    • nrps1
    • By nrps1 24th Aug 17, 5:07 AM
    • 55 Posts
    • 3 Thanks
    nrps1
    • #3
    • 24th Aug 17, 5:07 AM
    • #3
    • 24th Aug 17, 5:07 AM
    You mention auction, did you buy the original set via auction? Otherwise I don't understand this part:




    We really need as much detail as possible. Purchased original set x date from xyz retailer online/in store/at a auction (if it was an auction, was it possible to attend the auction in person), delivered x date, reported as faulty on x date, replacement delivered x date.

    Also, how does the replacement differ from what you purchased? Was it a replacement on a like for like basis (similar age, condition, specification etc)?

    And lastly, how did you pay for it all? Cash, cheque, card? If by card, was any third party involved (such as paypal)?
    Originally posted by unholyangel
    Hi, thanks for your reply.

    So it was on eBay last year. The auction was modified throughout the year after I won as was several items, and eBay cannot get the original for me. It was paid via PayPal and credit card, but none of the three can assist me, mostly due to the age of the claim.

    TV was exact like for like replacement. Initial was 4 months old when it developed the fault.
    • Fosterdog
    • By Fosterdog 24th Aug 17, 7:24 AM
    • 3,159 Posts
    • 5,449 Thanks
    Fosterdog
    • #4
    • 24th Aug 17, 7:24 AM
    • #4
    • 24th Aug 17, 7:24 AM
    Hi, thanks for your reply.

    So it was on eBay last year. The auction was modified throughout the year after I won as was several items, and eBay cannot get the original for me. It was paid via PayPal and credit card, but none of the three can assist me, mostly due to the age of the claim.

    TV was exact like for like replacement. Initial was 4 months old when it developed the fault.
    Originally posted by nrps1
    Have they sent the same model as a replacement?
    Was the original a new or refurbished model?
    What exactly is wrong with the screen on the replacement?
    • nrps1
    • By nrps1 24th Aug 17, 7:56 AM
    • 55 Posts
    • 3 Thanks
    nrps1
    • #5
    • 24th Aug 17, 7:56 AM
    • #5
    • 24th Aug 17, 7:56 AM
    Have they sent the same model as a replacement?
    Was the original a new or refurbished model?
    What exactly is wrong with the screen on the replacement?
    Originally posted by Fosterdog
    Yes, exactly same model. I was under the impression the item was new when I purchased, however it had been opened and repacked. The screen has strange marks all over it that do not clean off. They look like the screen has been badly replaced, and those marks are underneath the glass front type of thing. When on from a distance this isn't noticeable, but when off it looks like children with mucky fingers have run riot. They way they have treated me to date and the quality of the rather expensive goods gives me no faith this will stand the test of time.
    • nrps1
    • By nrps1 7th Sep 17, 2:12 PM
    • 55 Posts
    • 3 Thanks
    nrps1
    • #6
    • 7th Sep 17, 2:12 PM
    • #6
    • 7th Sep 17, 2:12 PM
    I now need to get an expert to assess the television set, firstly are there any sorts of companies that do this please? Also, any more thoughts as to my chances of success? Running out of time to pay my final fees and really concerned I'll be significantly out of pocket.
    • IAmWales
    • By IAmWales 7th Sep 17, 4:22 PM
    • 1,214 Posts
    • 2,570 Thanks
    IAmWales
    • #7
    • 7th Sep 17, 4:22 PM
    • #7
    • 7th Sep 17, 4:22 PM
    Who is the retailer, do they normally sell refurbished goods? Can they provide a copy of the listing?

    Google brings up numerous tv repair services. You'd need to contact some and ask them how much a report would be. You'd also need to check their background, a repair from some random will not carry much weight.

    If you find someone to do a report you'll need to ask that they assess it in comparison to a brand new item, as well as a refurbished item.
    • nrps1
    • By nrps1 7th Sep 17, 5:23 PM
    • 55 Posts
    • 3 Thanks
    nrps1
    • #8
    • 7th Sep 17, 5:23 PM
    • #8
    • 7th Sep 17, 5:23 PM
    It seems from their website refurbished only, however this wasn't clear on the initial auction page that no longer exists. What I wonder is as it's a refurb, would the court simply say as there's no proof to the original auction, it's tough? Would it go on my favour because it's a poor quality refurbishment of a top end tv?
    • GrumpyDil
    • By GrumpyDil 7th Sep 17, 6:48 PM
    • 71 Posts
    • 47 Thanks
    GrumpyDil
    • #9
    • 7th Sep 17, 6:48 PM
    • #9
    • 7th Sep 17, 6:48 PM
    Do you a receipt confirming exactly what you purchased. I.e. is the TV described as new/refurbished etc. Also how long ago did you buy the TV.

    Was the purchase price comparable to a good price for the set as new or particularly cheap etc. These are all questions that need consideration and will help assess the strength of case.
    • nrps1
    • By nrps1 7th Sep 17, 7:05 PM
    • 55 Posts
    • 3 Thanks
    nrps1
    I have the eBay receipt, it doesn't mention on that the condition. Was purchased October, broke in January, then was replaced a few months after that, sat in its box since then. Paid 1200, brand new from retailer was about 1500 at that time. All it said on auction was the warranty sticker is removed and dealt with by them instead.
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