TV Faulty 12month and 7 days old!!

biscit

berna123 wrote: »

Hi everyone i just wanted to keep you all up to date. I wrote to ASDA head office telling them my problem with the tv. I received a letter back from ASDA telling me that they actually gaurantee all their electrical products for one year and one month. They gave me a return code to quote in my local store. I took the tv back on Saturday and they swapped it for a new one.
So i am happy.

Thank you again to everyone who helped me.

Good result.

Sorry about any confusion- sometimes it helps to have a clear picture as things aren't as clear cut as all that.

It doesn't help you, but from recently the legal minimum for a guarentee has been 24 months.

INT1

I had similar issue with my tv
http://forums.moneysavingexpert.com/showthread.html?t=1937559
14 months old, in total I lost £190 on a TV that cost £499

woody01

4743hudsonj wrote: »

You have rights under the Sale of Goods Act.

This act protects you the consumer, it requires products be "of satisfactory quality" and "fit for purpose" among others (irrelevant for your case).

The SOGA is an implied term of EVERY business to consumer transaction of goods. If the goods do not meet the requirement of the SOGA they can be said to not conform to contract.

Soga allows protection for UP TO 6 years (5 years in Scotland). This depends on price paid, brand, features etc. So a cheap tv with the same features as a tv double the price, would be expected to last half as long (in practical terms).

In any case, 13 months sounds well within the time frame "a reasonable person" would expect a tv to last at any price (within reason ofc, what did you pay?)

You should provide us with the tv model, price paid and we shall give you a better judgement.

You should go to Consumer Direct. They have lots of template letters and info on this. Your next step is to send them a letter via recorded delivery stating your case, stating the SOGA and that the TV is not what a "reasonable person" would see as "satisfactory quality". Also, if your t was stated as digital ready (the purple tick), or has inbuilt freeview, you can state that it is also not "fit for purpose" (what's the point in a tv stated as switch-over ready if it doesn't work after switch-over?). Give them a time frame of 7 working days to respond with a suitable solution (DONT specify a refund as SOGA allows them to provide a refund/replacement/repair, this is up to them) or you will report the matter to trading standards and issue small claims.

They may well turn around and ask you to prove the fault. As in SOGA, after the first 6 months of the contract, it is the onus of the customer to prove there was an inherent fault with the TV from manufacture. This is usually done with an independent report which will cost you money but if your claim is successful you have a right to claim for the money back.

Hope that very long post helped.

First Quote in Red:
Did you make that up as it has absolutely no factually baring or legality.

Second in Orange:
That's just your opinion and also has no baring

Third in Green:
No-one should be giving a 7 day time frame as this is usually deemed unreasonably short

Foruth in Blue:
YOu would never get an engineer to write a letter claiming this fault was inherent (whether they could prove it or not, which would be doubtful).

I know you were trying to help, but there is some very poor advice there.

derrick

biscit wrote: »

It doesn't help you, but from recently the legal minimum for a guarentee has been 24 months.

I hope for gawds sake you are not talking about the "EU Directive", as it is not true, our SoGA supersedes this by a mile!

No manufacturer is even obliged to give a guarantee! It is always "in addition to statutory rights".