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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    I know a little bit about the Sale of Goods Act and have found out that it has since been replaced by the Consumer Rights Act.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
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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
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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
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    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
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    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.
    • darren72
    • By darren72 18th Oct 17, 6:34 PM
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    darren72
    • #6
    • 18th Oct 17, 6:34 PM
    • #6
    • 18th Oct 17, 6:34 PM
    I just wanted to follow up on this. Currys/PC World got back with the following offer:

    "I do appreciate that the manufacturing defects may not manifest themselves until after the initial warranty period has expired.

    In view of this, we would like to inspect the television to diagnose the cause of the fault for which a payment of £95.00 is required. This is for us to collect and assess the unit at our repair centre. Should a manufacturing defect be found, the fee will be refunded and the product repaired at no cost."

    Does anyone know whether this is fair, and whether they are going to just turn around and say it isn't a manufacturing defect ? - Surely, it is in there interest to 'decide' it isn't !?

    Thanks in advance
    • powerful_Rogue
    • By powerful_Rogue 18th Oct 17, 6:38 PM
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    powerful_Rogue
    • #7
    • 18th Oct 17, 6:38 PM
    • #7
    • 18th Oct 17, 6:38 PM
    I just wanted to follow up on this. Currys/PC World got back with the following offer:

    "I do appreciate that the manufacturing defects may not manifest themselves until after the initial warranty period has expired.

    In view of this, we would like to inspect the television to diagnose the cause of the fault for which a payment of £95.00 is required. This is for us to collect and assess the unit at our repair centre. Should a manufacturing defect be found, the fee will be refunded and the product repaired at no cost."

    Does anyone know whether this is fair, and whether they are going to just turn around and say it isn't a manufacturing defect ? - Surely, it is in there interest to 'decide' it isn't !?

    Thanks in advance
    Originally posted by darren72

    This is fair and normal. Of course, you can get your own independent report from a different repair company if you did not wish to use the Currys in-house team.

    What's the size and brand of TV?
    • lincroft1710
    • By lincroft1710 18th Oct 17, 6:40 PM
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    lincroft1710
    • #8
    • 18th Oct 17, 6:40 PM
    • #8
    • 18th Oct 17, 6:40 PM
    Your option would be to get an independent report but you would have to pay and if an inherent fault it should be refunded.
    • firefox1956
    • By firefox1956 18th Oct 17, 6:49 PM
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    firefox1956
    • #9
    • 18th Oct 17, 6:49 PM
    • #9
    • 18th Oct 17, 6:49 PM
    Bin it & move on.................
    • darren72
    • By darren72 18th Oct 17, 7:07 PM
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    darren72
    This is fair and normal. Of course, you can get your own independent report from a different repair company if you did not wish to use the Currys in-house team.

    What's the size and brand of TV?
    Originally posted by powerful_Rogue
    Thanks. It is a Toshiba 50" Smart TV.
    • CoolHotCold
    • By CoolHotCold 18th Oct 17, 7:40 PM
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    CoolHotCold
    So, just because the SoGA gives protection up to X years (Depending on Scotland or England/Wales) doesn't mean it should last that long.


    Honestly for a Toshiba TV, I'd probably say 4 years is probably what I'd expect it to last for.
    • Al Ross
    • By Al Ross 18th Oct 17, 9:09 PM
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    Al Ross
    The Screen(Panel)is faulty.Was the tv Recently moved at all?
    If Currys TV repair firm(all their work is contracted out to local repair firms, deem it not to be accidental damage then they will either replace the Screen or refund you.Going by past similar stories on here you will probably get nearly all your £550.This would mostly likely be in the form of a Currys voucher.
    • stuartJo1989
    • By stuartJo1989 18th Oct 17, 9:49 PM
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    stuartJo1989
    Your option would be to get an independent report but you would have to pay and if an inherent fault it should be refunded.
    Originally posted by lincroft1710
    I admittedly only glanced at the posts in September, but the point you made here may not have been brought up....

    Bit of a shame, because it is a fairly key component to the case; fault reports CAN end up being refunded and the only risk is how confident OP is of the fault being inherent.

    I think that the initial responses were a bit off-putting in that sense.

    So to OP; this is a fair offer from Currys and the only question is whether you can get a professional fault report from elsewhere for cheaper/you trust Currys to provide an accurate fault report (I would trust them, but it is something which would put others off)
    • darren72
    • By darren72 18th Oct 17, 11:02 PM
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    darren72
    The Screen(Panel)is faulty.Was the tv Recently moved at all?
    If Currys TV repair firm(all their work is contracted out to local repair firms, deem it not to be accidental damage then they will either replace the Screen or refund you.Going by past similar stories on here you will probably get nearly all your £550.This would mostly likely be in the form of a Currys voucher.
    Originally posted by Al Ross
    No, the TV has never been moved. The issue would come and go a few months back but is there all the time now.

    Thanks
    • darren72
    • By darren72 18th Oct 17, 11:05 PM
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    darren72
    So to OP; this is a fair offer from Currys and the only question is whether you can get a professional fault report from elsewhere for cheaper/you trust Currys to provide an accurate fault report (I would trust them, but it is something which would put others off)
    Originally posted by stuartJo1989
    I am only concerned that it would be in Curry's interest to say it has been damaged by me (which it hasn't) as it would then get to keep the £95 and wouldn't have to do anything about it.

    DSG have never been known for being good for customer services - hence my concerns.
    • stuartJo1989
    • By stuartJo1989 18th Oct 17, 11:10 PM
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    stuartJo1989
    I am only concerned that it would be in Curry's interest to say it has been damaged by me (which it hasn't) as it would then get to keep the £95 and wouldn't have to do anything about it.

    DSG have never been known for being good for customer services - hence my concerns.
    Originally posted by darren72
    Precisely my point!

    Only you can determine whether or not you trust them to provide an accurate fault report. In all probability they WILL, but I appreciate your concerns. The alternative is to go elsewhere and get a fault report.
    • darren72
    • By darren72 18th Oct 17, 11:35 PM
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    darren72
    Precisely my point!

    Only you can determine whether or not you trust them to provide an accurate fault report. In all probability they WILL, but I appreciate your concerns. The alternative is to go elsewhere and get a fault report.
    Originally posted by stuartJo1989
    I've read a few other websites where people have had their £95 refunded, so I am assuming they can be trusted.

    Anyone know if they come back and say it is due to 'wear and tear' whether that is any different to them saying it is a 'inherent fault' ? - I can't see how this particular fault could be anything but inherent though.
    • takman
    • By takman 19th Oct 17, 10:12 AM
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    takman
    I've read a few other websites where people have had their £95 refunded, so I am assuming they can be trusted.
    Originally posted by darren72
    I recently saw a thread on here where someone had their £95 refunded and a refund for the TV for an inherent fault, so i would take them up on their offer.

    Anyone know if they come back and say it is due to 'wear and tear' whether that is any different to them saying it is a 'inherent fault' ? - I can't see how this particular fault could be anything but inherent though.
    Originally posted by darren72
    Wear and Tear would mean that the TV has worn out during natural use. That would mean the components have simply failed earlier than average but there was nothing actually wrong with them when they were made.

    An Inherent fault means that a fault was present when the TV was manufactured which has now caused this to happen.
    • darren72
    • By darren72 19th Oct 17, 10:19 AM
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    darren72
    Wear and Tear would mean that the TV has worn out during natural use. That would mean the components have simply failed earlier than average but there was nothing actually wrong with them when they were made.

    An Inherent fault means that a fault was present when the TV was manufactured which has now caused this to happen.
    Originally posted by takman
    Thanks - So it is still a bit of a gamble. I'll have a think and decide. Thanks to everyone for their help.
    • JJ Egan
    • By JJ Egan 19th Oct 17, 10:49 AM
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    JJ Egan
    £95 against circa sub £200 refund .
    I would be putting the £95 towards a Richer Sounds TV .
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