Claiming under section 75 of the CCA

yorkie1980

With tv technology moving so fast, you can pick up three year old tvs for next to nothing nowadays anyway. Probably work out cheaper, quicker and less hassle than chasing it this way.
Just out of interest, You didn't say the brand of your tv?

bomber0405

yorkie1980 wrote: »

With tv technology moving so fast, you can pick up three year old tvs for next to nothing nowadays anyway. Probably work out cheaper, quicker and less hassle than chasing it this way.
Just out of interest, You didn't say the brand of your tv?

The TV is a Samsung. A key point also is that the failure of the main board is a common fault with this particular model.

yorkie1980

that's not very encouraging is it. Especially for such a big brand in the tv world!
have you written a complaint letter to their CEO? After the advice above, that'd be my port of call personally. Saying how well-respected they are and how dissappointing it is blah blah blah
Good luck mate

Altarf

TheExpert wrote: »

1. Your TV is 3 years old, out of warranty and is broken. Nobody owes you any money for it. That is what insurances are sold for. Section 75 protects you against sellers who don't deliver the product, or deliver a damaged one, etc. The fact that after 3 years of usage you uncovered a problem does not mean the Credit Card company should pay you because it was not immediately noticed.

As "TheExpert" I would have thought that you would have known that a warranty was in addition to your statutory rights, and that you would have know about SOGA.

SOGA gives rights to the consumer rights up to 6 years after purchase. Whether the OP has a claim will depend on the cost of the original product and the nature of the fault. A £10,000 TV could reasonably be expected to last for 6 years without suffering an irreparable failure but a £49.99 TV might not.

TheExpert wrote: »

2. Credit Card companies claim their money from the companies which have failed to deliver on their promises or delivered faulty goods.

Assuming they are still in business, otherwise they just pick up the bill. Section 75 means that the credit card company is jointly and severally liable with the retailer.

Any claim you can make against the retailer you can equally make against the credit card company. Which is why if you are ever silly enough to buy anything from Dixons/Currys/Comet etc, and it stops working but they give you the run around, just claim from your credit card company.

dazza.mk wrote: »

BUT:In general Traders cannot be compelled to repair/replace an item if it is impossible (ie obsolete parts) or economically practical to do so.

But repair or replacement is an additional remedy. If the retailer or credit card company cannot repair or replace the item, then you can fall back on either receiving a partial refund or rescinding the contract.

bomber0405

yorkie1980 wrote: »

that's not very encouraging is it. Especially for such a big brand in the tv world!
have you written a complaint letter to their CEO? After the advice above, that'd be my port of call personally. Saying how well-respected they are and how dissappointing it is blah blah blah
Good luck mate

I tried with Samsung in February of this year when the problem first occurred (at that point it was just over two years old) and they were terrible.

I spoke to someone who said amongst other things that I wouldn't claim against a weatherman for predicting incorrect weather so why should I have a claim against samsung for something that they couldn't predict. And then he hung up on me.

It was consumer direct who then pointed me in the direction of the supplier (who is bankrupt) and subsequently the credit card company.

I wish I had tried harder to pursue Samsung, particularly as I have found several people with the same fault on the same TV. It has been hard to swallow living with a faulty TV for the last 8 months with the knowledge that this is a common fault and they have been so unapproachable.

Altarf

So as Samsung have told you to get lost and the supplier is bust, you haven't exactly got anything to lose sticking in a section 75 claim.

yorkie1980

In my experience, complaints are always best presented in writing. Why not try again with Samsung, in writing and to a senior executive? If the employee hung up on you, chances are it won't have been recorded.
I dont' think it's correct to say Samsung have closed the door on you, I think you got one bad employee. If you can get the saem response in writing, you'd have quite good ammunition I reckon!
Plus the weather analogy for a purchased product might just be the worst I've ever heard!!

Altarf's right. You've only got an hour of your time and 60p in stamps to lose - GET WRITING!!

I'm no expert in law, but I do work in Comms, so if you wanted to whizz anything past me, feel free to PM me.

Mr_Friendly

Which Samsung?

bomber0405

yorkie1980 wrote: »

In my experience, complaints are always best presented in writing. Why not try again with Samsung, in writing and to a senior executive? If the employee hung up on you, chances are it won't have been recorded.
I dont' think it's correct to say Samsung have closed the door on you, I think you got one bad employee. If you can get the saem response in writing, you'd have quite good ammunition I reckon!
Plus the weather analogy for a purchased product might just be the worst I've ever heard!!

Altarf's right. You've only got an hour of your time and 60p in stamps to lose - GET WRITING!!

I'm no expert in law, but I do work in Comms, so if you wanted to whizz anything past me, feel free to PM me.

Thanks for your comments and your offer to help.

I wrote to Samsung previously before I discovered that it was unrepairable and they point blank refused to help. At that point I followed the advice of consumer direct and went after the credit card company who appeared to offer the line of least resistance. When I discovered that the TV was unrepairable I went back to Samsung and I am waiting for a response from them in this regard. I won't let it lie with Samsung as I feel they should be the one held responsible but I am keeping the credit card company as a back up as they have indicated that they are at least willing to consider my claim.

shed_head_2

Hello, Just discovered this thread and hoping for some opinions on my situation.

My mum (bless her) bought a corner setee and two foot stools from Marks and spencers a couple of years ago. they initially delivered the setee made with the corner on the wrong side. They left the foot stools and took away the setee to replace it. Eventually 3 months later it was sorted and she recieved £70 in vouchers for compensation.

Less then 6 months later the feet of the foot stool had come off so m and s sent out a repair guy. He reapired the feet by glueing them back in. Last spring she realised that one of the cusions on the setee was very sunk. We contacted Marks and Spencers and they again sent out the repair man. This time he agreed that the cusion was faulty and wrote this in his report. Marks refused to do anything about it. Eventually after a lot of telephone calls on my part the agreed to replace the one cusion. My mum said this was unacceptable as she was worried about colour matching of the cloth etc. We have been at a stale mate ever since. Oh and in the mean time the feet have fallen of the foot stool again.

Can we make a section 75 claim against the Marks and spencers store card that she used to pay for the goods?

Em