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  • FIRST POST
    • darren72
    • By darren72 8th Sep 17, 1:23 PM
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    darren72
    Faulty TV - Outside of Warranty ? - Consumer Rights Act
    • #1
    • 8th Sep 17, 1:23 PM
    Faulty TV - Outside of Warranty ? - Consumer Rights Act 8th Sep 17 at 1:23 PM
    I know a little bit about the Sale of Goods Act and have found out that it has since been replaced by the Consumer Rights Act.

    We purchased a Smart TV from Currys PC World in December 2013 for £550.

    Over the last few weeks it has started to develop a fault where towards one corner of the TV (top edge towards the right) there is a foggy dark patch. This is mostly visible when there is a white background.

    My questions are therefore:

    1. As the TV is now 3 years 8 months old is this too long to expect to be able to get it repaired/replaced via the Consumer Rights Act ? - How long would be 'reasonable' in terms of expecting a TV to last ?

    2. The TV has been looked after, hasn't had any damage to it, knocks or drops or anything similar so I assume the fault has been caused by a faulty component.

    It has been a few years since I have had to claim for anything like this and although I have previously been successful, I'm not sure whether I am expecting too much given the age of the TV.

    Any comments and/or advice would really be appreciated.

    Thanks in advance,
Page 1
    • agrinnall
    • By agrinnall 8th Sep 17, 1:56 PM
    • 18,413 Posts
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    agrinnall
    • #2
    • 8th Sep 17, 1:56 PM
    • #2
    • 8th Sep 17, 1:56 PM
    It's not too long, but you'd need to balance the likely partial refund (maybe one third of the original price) against the cost of obtaining an independent report that may say that the fault is not inherent and therefore there is no claim to be made.
    • KeithP
    • By KeithP 8th Sep 17, 2:17 PM
    • 3,616 Posts
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    KeithP
    • #3
    • 8th Sep 17, 2:17 PM
    • #3
    • 8th Sep 17, 2:17 PM
    As Agrinnall said, but also note that the Sale of Goods Act applies to all sales before 01 October 2015.
    Last edited by KeithP; 08-09-2017 at 2:33 PM.
    .
    • Fosterdog
    • By Fosterdog 8th Sep 17, 3:43 PM
    • 3,154 Posts
    • 5,441 Thanks
    Fosterdog
    • #4
    • 8th Sep 17, 3:43 PM
    • #4
    • 8th Sep 17, 3:43 PM
    It's not too long, but you'd need to balance the likely partial refund (maybe one third of the original price) against the cost of obtaining an independent report that may say that the fault is not inherent and therefore there is no claim to be made.
    Originally posted by agrinnall
    I wouldn't even expect a third for a budget end TV that is almost four years old, it's probably worth £100-£150 at the most, possibly less if it was a 47"+ screen for that original price.
    • SouthUKMan
    • By SouthUKMan 8th Sep 17, 9:36 PM
    • 279 Posts
    • 219 Thanks
    SouthUKMan
    • #5
    • 8th Sep 17, 9:36 PM
    • #5
    • 8th Sep 17, 9:36 PM
    Due to the age of the TV, any claim would be under the Sale of Goods Act (for goods bought before end of September 2015) and not the Consumer Rights Act. Any claim would be against the retailer and not the manufacturer, and you have six years from the date of purchase to make a claim.

    However, in reality, I would suggest that most retailers are going to instantly dismiss any claim for a TV that's nearly four years old (I recently read that on average people keep a TV for five years). You would therefore need to go down the route of getting an independent report to show that the TV was not of satisfactory quality / has an inherent fault, etc. You will need to pay for this report (likely to be £60 upwards) - and don't assume that just because you are paying for the report and that the TV has developed a fault, that a technician will automatically find in your favour. He / she might not.

    If the report finds in your favour and the retailer accepts the report's findings, then the retailer is likely to make quite a substantial deduction for the use you've already had out of the TV. Four years use when the average lifespan of a TV is five years - at best I reckon you would be very lucky to get £100 back plus the cost of the report. That's if the retailer accepts your findings...

    ...otherwise you will need to bring a case in the small claims court. Is it a battle worth having? Personally I would just take it on the chin and buy a replacement TV. Four years isn't bad going and I can foresee a lot of hassle for the sake of what is likely to amount to £100 or so.
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