Technika TV Warning!!

gjchester

nogginthenog wrote: »

A small claims court judge Could use "common law" so its worth trying

They could but that's not what you said. You said the EU directive was adopted years ago, AFAIK it wasn't and so is not part of UK Law.

The directive should have been implimented by 2002, it also should have been reviewed in 2006 with the EU potentially prosecuting non implimenters, but the sale of goods act goes further already so implimentation may not be required. The SOGA that gives the UK consumer the right to claim a refund / repair up to 6 years after purchase if it's not satisfatory quality (and again I refer to the fact that term is not clearly explained), the EU directive oly gives you the right to claim for up to two years for a defect that was there on delivery.

It's NOT a 2 year guarantee, it's a two year claim period for a fault that was present on delivery. Again UK law goes further with the recent change that says any fault appearing within six months is deemed to be a fault in manufacturing, not something covered in EU law.

gjchester

nogginthenog wrote: »

Your local Citizens Advice Bureau can advise on how to make a claim..

You edit the post and added a significant chunk to it after I replied.

However the CAB's own advice is here

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm

under the getting repairs / replacements (bolding is mine)

"If you have had your goods for more than six months when they go wrong, you can still ask the trader to repair or replace them, but you may have to prove that they were faulty when you bought them if the trader doesn't agree. You can ask for a repair or replacement at any time up to six years after you bought the goods (five years in Scotland), as long as it is reasonable for them to have lasted this long. If the goods go wrong after six years (or five in Scotland), you no longer have the right to ask for a repair or replacement."


Again the keys is you DO NOT have a 6 year warranty on all faults. You have a 6 year time frame for faults that were there at time of purchase.

This is COMPLETLY different to a manufacturers warranty where they will repair fault that have appeared after purchase.

GeoThermal

From what I've read on uk.legal.moderated over the years the EU directive has not been adopted. While you can quote it I would do so along with the Sale of Goods Act. Items have to be durable under the act and durability is based on what is reasonable to expect from that type of product. Price and use is also considered. It is reasonable to expect a TV to last more than 18 months. Chances are they will fix the TV, replace it or refund minus an amount for the use you have had from the item.

nogginthenog

GeoThermal wrote: »

From what I've read on uk.legal.moderated over the years the EU directive has not been adopted. While you can quote it I would do so along with the Sale of Goods Act. Items have to be durable under the act and durability is based on what is reasonable to expect from that type of product. Price and use is also considered. It is reasonable to expect a TV to last more than 18 months. Chances are they will fix the TV, replace it or refund minus an amount for the use you have had from the item.

In this country the at the moment the amount of of people who would go to court over lets say a£250 tv is minimal...it is still a throw away society

nogginthenog

gjchester wrote: »

You edit the post and added a significant chunk to it after I replied.

However the CAB's own advice is here

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm

under the getting repairs / replacements (bolding is mine)

"If you have had your goods for more than six months when they go wrong, you can still ask the trader to repair or replace them, but you may have to prove that they were faulty when you bought them if the trader doesn't agree. You can ask for a repair or replacement at any time up to six years after you bought the goods (five years in Scotland), as long as it is reasonable for them to have lasted this long. If the goods go wrong after six years (or five in Scotland), you no longer have the right to ask for a repair or replacement."


Again the keys is you DO NOT have a 6 year warranty on all faults. You have a 6 year time frame for faults that were there at time of purchase.

This is COMPLETLY different to a manufacturers warranty where they will repair fault that have appeared after purchase.

That law pertains to any guarantee,if the vendor can prove missuse...any guarantee is invalid...we had a case in our legal office last year when a camera was allegedy left in the sand....the manufacturer would not honour the warranty.
It also pertains to clothing....with regards to washing instructions

nogginthenog

GeoThermal wrote: »

From what I've read on uk.legal.moderated over the years the EU directive has not been adopted. While you can quote it I would do so along with the Sale of Goods Act. Items have to be durable under the act and durability is based on what is reasonable to expect from that type of product. Price and use is also considered. It is reasonable to expect a TV to last more than 18 months. Chances are they will fix the TV, replace it or refund minus an amount for the use you have had from the item.

Thats right..also with a tv is is quite easy to prove their was no misuse,
With portable electrical item such as a digital cameras for instance it is a minefield, and the manuals are full of proviso's and get out clauses. for the manufacturer

gjchester

nogginthenog wrote: »

That law pertains to any guarantee,if the vendor can prove missuse...any guarantee is invalid...we had a case in our legal office last year when a camera was allegedy left in the sand....the manufacturer would not honour the warranty.
It also pertains to clothing....with regards to washing instructions

But bringing it back to the OP, they said the TV developed a fault after 18 months. No judge is ever going to say that it was a fault from new, not after 18 months use...

GeoThermal

It doesn't have to be a fault from new if the fault falls under the durability part of the Sale of Goods Act which this would.

trets77

nogginthenog wrote: »

I would aways recommend Richer Sounds... for Hi Fi and TV..Good advice and good prices.

second this . Go to store that knows what they are talking about and offers superb after sales service .

hope you get a refund then you can put towards the cost of a proper TV

gjchester

GeoThermal wrote: »

It doesn't have to be a fault from new if the fault falls under the durability part of the Sale of Goods Act which this would.

I know that and said so.

What I was saying is there is no EU 2 year warranty that many people seem to thing we have and nogginthenog was avocating using.