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Are Tesco's trying it on with me ???

Hi, just a little help on my consumer rights please.

Briefly, I purchased a brand new TV from Tescos 20 months ago (£139.00). It has only been switched on and used for 5 weeks max. as it was purchased to be our caravan TV and this is where it stays and is used.

After contacting the store, the electrical helpline and finally customer services, I sent them a polite. well worded letter explaining my plight and these mitigating circumstances.

They sent me a letter, detailing, that although regrettable, they cannot replace or repair the TV as it is no longer stocked, and subsequently sent me an 'Intrinsic' value recompense in the form of a £55 Tesco money card.

Is this correct, acceptable or do my consumer rights extend further than this. I would grateful of your advice. :beer:
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Comments

  • Might it have gotten cold and damp in the caravan?
    .....

  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Was the tv left in the caravan or removed from the caravan when not in use,
  • Might it have gotten cold and damp in the caravan?

    No, It it comes home with us all boxed up on our return. But thanks for the comment. Even so, as I stated, they have not rejected a replacement on the basis that it was fault occuring due to possible misuse, mearly the fact that they no longer repair or stock this model. However they do now stock a model virtually identical which instead of being 'Technosonic' is 'Technika.'

    I would suggest this is just a rename of their own branded item sold uniquely by Tesco.

    Surely an equivalent replacement or a full refund would be more in line with my rights rather than a poxy £55.

    Your thoughts on my actual rights would be appreciated. Anyone. Thankyou.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    I think that £55 for a £139 TV that is nearly two years old is very reasonable. After this length of time you have no right to elect for a replacement or full refund. Your right is to a replacement, repair or proportionate refund at the discretion of the retailer.
    Gone ... or have I?
  • dmg24 wrote: »
    I think that £55 for a £139 TV that is nearly two years old is very reasonable. After this length of time you have no right to elect for a replacement or full refund. Your right is to a replacement, repair or proportionate refund at the discretion of the retailer.

    I am not necessarily knocking the £55, just trying to ascertain my rights.

    If you buy something which should last 7 years but breaks down after a year and a day, surely you can still claim it was of poor quality in reference to the durability aspect ???
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    SAGWALA wrote: »
    I am not necessarily knocking the £55, just trying to ascertain my rights.

    If you buy something which should last 7 years but breaks down after a year and a day, surely you can still claim it was of poor quality in reference to the durability aspect ???

    Yes, you could argue that, but it would only give you the rights as described in my previous post.

    I assume you are not saying that you expected the tv to last seven years?

    Tesco have fulfilled their legal obligations in this case.
    Gone ... or have I?
  • sdooley
    sdooley Posts: 918 Forumite
    I thought the refund had to be in cash - seems they're playing fast and loose with that by giving you a voucher. 'Intrinsic value' presumably means something other (higher?) than second-hand value.

    Definitely worth arguing it was worth more, to you, to have a functional telly even if not a full refund. Maybe look at the cost of a reconditioned unit or the cheapest equivalent telly you can see somewhere else?
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    sdooley wrote: »
    I thought the refund had to be in cash - seems they're playing fast and loose with that by giving you a voucher. 'Intrinsic value' presumably means something other (higher?) than second-hand value.

    Definitely worth arguing it was worth more, to you, to have a functional telly even if not a full refund. Maybe look at the cost of a reconditioned unit or the cheapest equivalent telly you can see somewhere else?

    The intrinsic value of an item is its value allowing for depreciation. There are several methods of calculating depreciation.

    The argument that a working tv would be worth more does not hold any weight, as Tesco can choose which means of resolution to offer.

    OP, do you shop in Tesco? If so, use the money card towards your shopping. If not, ask for the money in cash. They do usually offer this as an alternative.
    Gone ... or have I?
  • dmg24 wrote: »
    Yes, you could argue that, but it would only give you the rights as described in my previous post.

    I assume you are not saying that you expected the tv to last seven years?

    Tesco have fulfilled their legal obligations in this case.

    Why ever not, I have had my current Sony TV for 8 years and that is on 12-14 hours a day ??!!

    Nevertheless, I certainly expected it to last more than 20 months, or if you take it in 'usage' time then 5 weeks.

    I still feel that Tesco are shirking their responsibility as a retailer, and that my rights should extend further than this.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    You cannot compare a Sony TV and a Tesco own brand TV! The usage time is irrelevant, you have had the tv for twenty months. Without knowing which method of depreciation they have used, I would say that they have used a time of four or five years for the tv's expected useful life, and IMO this is a fair time.

    You may feel that your rights should go further, but they do not.
    Gone ... or have I?
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