Faulty Sony TV

dazarooni

I bought a 40 inch Sony LCD tv in December 2007 from an online closed bid auction site called Auctionair.

Recently the tv stopped working so I had a Sony approved repair man examine it; the screen's knackered and will cost almost as much as I paid for the tv to replace the part and fix the problem.

I've written a couple of letters to Auctionair asking for a replacement tv or the full cost to repair the faulty one, so far they haven't taken me seriously.

I've quoted the Sale of Goods Act 1979 at them but they claim that as I bought the item in an auction the Act does not apply to them.

I've Googled for info and it seems to me they must still abide by SOGA; can anyone confirm this for me?

thanks

dazarooni

Halloway

Yes, SOGA applies, so long as you bought the item from a business and not a private individual. Did you actually buy the TV from Auctionair or were they simply an intermediary?

dazarooni

Halloway

Auctionair is a business, as far as I'm concerned I purchased the tv from them.

As for whether they are an intermediary, I couldn't say; maybe you could take a look at their website and give your opinion.

This is how they describe themselves on their site:

"Auctionair has now established a new kind of marketplace, bringing together a special sort of customer with carefully selected suppliers; facilitated by innovative media owners."

thanks

dazarooni

derrick

dazarooni wrote: »

I've quoted the Sale of Goods Act 1979 at them but they claim that as I bought the item in an auction the Act does not apply to them.

I've Googled for info and it seems to me they must still abide by SOGA; can anyone confirm this for me?

Yes it does, see section 57. Auction sales

Halloway

I've had a look at the website and I agree that you bought the item from Auctionair. Page 18 of this pdf has a good summary regarding auction sales:

https://www.berr.gov.uk/files/file25486.pdf

dazarooni

Here's an update on my situation, I've issued an action agains the retailer and they've replied to the Small Claims Court with their defence refuting my allegations.

Basically they are saying that because I approached Sony first about repairing my tv that they the retailer no are relieved have any responsibility and SOGA no longer applies to them. This advice they claim comes from Trading Standards.

Can anyone tell me if this is true or not please?

Oh, and they've also told the court that we've returned letters they've sent to us by recorded delivery. We didn't receive them because they'd put the wrong address on; foolishly they included photocopies of the letters and proof of posting in the court report. Could this be some kind of strategy on their part, or just stupidity?

thanks

dazarooni

Esqui

dazarooni wrote: »

Basically they are saying that because I approached Sony first about repairing my tv that they the retailer no are relieved have any responsibility and SOGA no longer applies to them. This advice they claim comes from Trading Standards.

Can anyone tell me if this is true or not please?

Allow me to reply pictorially:

Tozer

As Esqui says (sort of....), they are spouting the proverbial...

And as for strategy, it would appear that they have none.

Clearly they are not using a solicitor to advise them. I wonder if they have a 14 year old on work experience at the moment?

Vomityspice

The company is talking rhubarb!

This isn't such a bad thing for you because it means the poor district judge who will have to hear this case will not have to consider the case law for particularly a long time.....

I suspect they will send you a cheque before your hearing, if they don't I'm happy to predict they will lose (racking up further costs). You did remember to claim interest? Time off work?

Hintza

Just to clarify OP who are you actually taking to court Auctionair or are you now dealing with the supplier/retailer?

Just asking out of interest.

dazarooni

It's Auctionair I'm claiming from.

I'm not claiming interest or loss of earnings, the interest because the online application wanted me to specify the number of days (I didn't know how long this would go on for) and loss of earnings because i didn't expect it to go as far as court.

The latest 'questionaire I have from the courts has offered the services of a mediator to try and resolve this dispute before it's actually heard in court. Do you think it's worth using this to settle the thing or would you see this as showing weekness or lack of confidence in my case?

thanks

dazarooni