What Do I do?

The_Jester

This is a follow on from this post that was posted in the wrong section.

http://forums.moneysavingexpert.com/showthread.html?p=25475489&posted=1#post25475489

The company have replied to me with an offer which on the face of it looks favourable but isn't really. I've pasted the company's response and my reply which I've rejected. I'd appreciate any comments.

[FONT=&quot]Dear Mr. *******,[/FONT]

[FONT=&quot]I have been in discussion with the Samsung South West Area Sales Manager / Samsung UK Service Manager regarding your complaint relating to the SAMSUNG LE40M87BDX LCD TV sale number **********[/FONT]

[FONT=&quot]As an offer of good will Samsung have decided to offer you a free repair. The terms of this offer are as follows. [/FONT]

[FONT=&quot]It has to be carried out at an [/FONT][FONT=&quot]authorised [/FONT][FONT=&quot]Samsung repair centre, please access the link below to locate your nearest centre.[/FONT]
[FONT=&quot]http://www.samsung.com/uk/support/servicelocations/ServiceLocationsMain.do[/FONT]

[FONT=&quot]To reclaim your repair costs from Samsung, you would need to submit the Samsung[/FONT][FONT=&quot] Authorised [/FONT][FONT=&quot]Repair Centre invoice to us, and we in turn will reimburse the costs to you via a[/FONT][FONT=&quot] cheque[/FONT][FONT=&quot].[/FONT]

[FONT=&quot]The other good news is that they will also offer a Samsung 90 day warranty on the work carried out.[/FONT]

[FONT=&quot]I hope this will be an agreeable solution for you.[/FONT]

[FONT=&quot]Regards
[/FONT]




Dear ****,

Will you also reimburse me the £30 I have already paid for the report which you forced me to produce?

In addition my nearest repair centre is in Clydebank, Glasgow. This is a considerable distance from my home and I do not have the use of a car. I will have to pay someone to drive me to Clydebank to drop off and collect the TV. This would cost me an estimated £40 to pay someone for fuel and their time. Travelling by public transport with a 40" TV I'm sure you would agree is not an option.

May I suggest a few solutions:

1. Reimburse me for the cost of the report and £40 in transport costs as well as the repair of the television.
2. Reimburse me for the cost of the report and arrange a home visit by the Samsung repair centre to repair my TV and reimburse me for the repair..
3. Reimburse me for the cost of the report and allow for Mr Young (who prepared the report) to repair the TV and reimburse me for the repair.

If I was to accept your offer as it stands this would mean it would cost me £70 for the repair (£30 for report and £40 travel costs) which is unnacceptable. The fault has been proven to be a manufacturing fault and I should not suffer any financial detriment at all.

I may add if you had accepted you responsibility as the seller in the first instance and arranged repair this could have been avoided.

I look forward to hearing from you before Thursday 1st October 2009 with a response. If I do not hear from you within this time then as previously stated I shall instigate small claims proceedings in Falkirk Sheriff Court.

Kindly govern yourself accordingly.

sporedude

So you gave them untill Thursday to get back to you? Most of the time its 14 days.......Kinda unfair on the company.

The_Jester

Nah this has been dragging on for weeks mate. They initially side stepped any responsibility then forced me to get a report prepared which cost me £30. Now they're starting to get their act in to gear but it's going to cost me about £70.

I've been discussing this with them since 10th Sept. I think they've had ample time but if more people think I should give them more time then I'll happily give them more time.

Esqui

I'm sure Samsung offer courier services for large screen TVs (37" and above). Maybe that's just in warranty.

The_Jester

I've had a reply from them:

Dear Mr. ****,

I think the offer has been misunderstood. We in no way accept that the TV has any sort of manufacturing fault. Samsung are offering to carry out the repair free of charge, purely as a good will gesture.

· We will pay £30 for the cost of the report.
· We will not reimburse for any travelling expenses incurred.
· The repair must be carried out at an Authorised Samsung Repair Centre.

I hope this clarifies the offer for you.

Regards

My Response:

****,

While the gesture of goodwill is appreciated I still do not think you understand my statutory right as a consumer.

I am unable to take the TV to Clydebank in Glasgow. It is too far away and as explained I do not have the transport. I understand that Samsung carry out a collection service. I understand that this is only for in warranty products but given the circumstances couldn't this be arranged for me?

Kind Regards

Do you think I should just accept this and pay someone to take my TV to Clydebank or should I stick to my guns? Clydebank would be a 60 mile round trip.

Esqui

If you have produced a report saying that the TV has an inherent fault, the retailer must accept this and hence provide repair under the Sale of Goods Act, not as 'a gesture of goodwill'.

The repair must be carried out without causing significant inconvenience. A 60 mile round trip with a 40" TV - which they probably won't be able to repair there and then, so you'd have to do the trip twice - sounds rather inconvenient.

I'd ask them why they do not accept that the report you produced entitles you to claim under the Sale of Goods act. You have proven that the fault was inherent and down to poor manufacturing, they cannot slide by the law by saying they'll do it as an act of goodwill.

The_Jester

Esqui,

I agree but didn't want to get locked in to a battle of words. I've received an email today and they have offered to have it repaired locally. I accepted their offer at first but then a few moments later sent them another email asking them to clarify their last paragraph. Comments would be appreciated.

Their Response

Dear Mr. *****,

It is against Samsung’s policy to cover any travel costs that may be incurred. Samsung is offering the free repair as a gesture of good will and this offer is definitely outside their normal policy.

I have spoken to Samsung’s South West Area Manager again and he has reluctantly agreed to an alternative solution that I have detailed below.

As previously stated this is purely a gesture of good will and Samsung are not accepting the fault on the T.V to be manufacturing defect.

· Samsung have agreed that the repair may be carried out by Youngs T.V the report issuer only.
· Samsung will cover the cost of £83.50 for the repair by Youngs T.V as stated on the report.
· Samsung will also cover the £30 cost for the report.
· Samsung will not cover any further cost and will not cover any travel / transportation costs that may be incurred.
· As you have refused Samsungs offer to make the repair at their Authorised Service Centre and have decided to have Youngs T.V carry out the repair, you will not be covered by Samsungs 90 day repair warranty and any subsequent repairs will be at your expense.

Do you agree to this offer?

Regards

My Initial Response

***,

For your information the contract was taken out between BE Direct and myself. Any communication with Samsung is between you and them and I'm sure you know this!

Neverless I am satisfied with this outcome. If you had been more forthcoming in accepting my statutory right then matters would not have gone this far.

I shall contact Mr Young this afternoon and authorise the repair of my tv. I shall send you the total bill for £113.50 in due course.

My 2nd Response a few moments later

****,

After Reading your email again particularly where it states
"any subsequent repairs will be at your expense"

What exactly do you mean by this?

If the tv were to break down again within a 'reasonable period' then my statutory right should not be affected and BE Direct should arrange for repair again. Are you asking me to surrender this right in future? If so I do not accept your offer as previously stated a few minutes ago.

Esqui

It is an offence to mislead consumers about their rights, which includes saying "any subsequent repairs will be at your expense" and not mentioning that you may still have a right to claim under the SoGA.

Might be wise to remind them of that fact. They seem to think that offering to repair gets them out of their obligations under the law. It does not.

ThomasK31ly

The problem here, is that it is unclear if an inherent fault exists.

If the engineers report only identifies the fault/ faulty component, but cannot prove it was inherently faulty, as seems to be the case with the reply you received stating that, "Samsung are not accepting the fault on the T.V to be manufacturing defect."
then the retailer would not have to offer a remedy under the SoGA. If this is the case the offer from them seems a reasonable one.

Of course this depends on how old the Tv is, or have I missed that bit?

Anihilator

Did the OP buy the TV direct from samsung?

If not and its outwith the warranty he has no rights at all against them under the SOGA.

The_Jester

The TV is only 20 months old. I purchased the TV from BE Direct, not Samsung.

Did the OP buy the TV direct from samsung?

If not and its outwith the warranty he has no rights at all against them under the SOGA.

Eh! where did you get that from? I've no issue with Samsung. I bought the TV from BE Direct therefore the contract was taken out with them. It's up to BE Direct to take the matter up with Samsung not mine.