Faulty TV out of warranty

korokor

I have a Samsung LCD TV purchased in June 2008 for Digital Direct. The TV no longer switches on, the red standby light flashes and that is it.

Spoke to Samsung today and they referred me to a local service centre who want £105+vat just for a call-out. I wouldn't agree to this so started doing some research, so could just do with some clarification really.

My issue should be with the retailer, Digital Direct, since my contract was with them. Having read the Sales Of Goods Act, I guess I would claim the goods were not of satisfactory quality due to the durability of the goods. From what I understand I'll then have to prove there was an inherent fault with the TV at time of purchase. With a TV, would the lack of any physical damage or other wear be enough to show the fault was inherent?

Any help much appreciated.

bungle4x4

you pays your money, you takes ya chances. your out of warrenty, and didn't purchanse an extended one.

your out of luck on this one i think. sorry.

gordikin

bungle4x4 wrote: »

you pays your money, you takes ya chances. your out of warrenty, and didn't purchanse an extended one.

your out of luck on this one i think. sorry.

Sorry you are wrong! korokor an engineers report saying it is an inherent fault would be the way to go. You'll have to pay for this yourself initially but you should be reimbursed the cost of this.

scullster

Agree with Kordikon, except I'd do 2 things:

First, just google your model no. to see if its a common fault - you may strike lucky and it could be easy to rectify. You may decide then that its not worth the hassle of what I'm about to say.

I'd write to Digital Direct first quoting SOGA, the TV is barely 18mths so therefore not fulfilled its intended purpose for a reasonable timeframe. Inform them that if they disagree, you'll seek an independent engineers report to confirm the fault is inherent, and not through misuse which you will then present to them as well as the cost for the report. At that point, if they still don't play ball, you'll proceed to court (you'll win I'm v confident of that).

If you bought it on credit, you could file a simultaneous claim with the credit provider under section 75 credit consumer act - this can be easier and less hassle, but far less fun.

europeanclarky

Your TV is still in guarantee, no matter what your retailer or manufacturer says. ALL CONSUMER PRODUCTS PURCHASED IN THE EU ARE GUARANTEED FOR A MINIMUM OF 2 YRS. No ifs, ands, buts or may-bes.
This is as good a starting point as any:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

It is Directive 1999/44/EC

These guys can help answer any query on European affairs, they especially like consumer rights enquiries.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
the online web help is amazing.

or check out page 7 of this booklet:

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx


CANT POST THE LINKS AS A NEW USER, WILL SEE IF CAN ADD THEM ON SECOND POST.
apologies for the bold font, can't seem to remove it using the bold icon!

europeanclarky

Your TV is still in guarantee, no matter what your retailer or manufacturer says. ALL CONSUMER PRODUCTS PURCHASED IN TH EU ARE GUARANTEED FOR A MINIMUM OF 2 YRS. No ifs, ands, buts or may-bes.
This is as good a starting point as any:
hxxp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0044:EN:HTML

It is Directive 1999/44/EC

These guys can help answer any query on European affairs, they especially like consumer rights enquiries.
hxxp://ec.europa.eu/europedirect/index_en.htm
the online web help is amazing.

or check out page 7 of this booklet:
hxxp://ec.europa.eu/publications/booklets/move/64/en.pdf


change the hxxp to http

OlliesDad

Oh dear, not again!!

The EU Directive is not a law. It says that our laws must at a minimum offer a 2 year protection. The UK law is much better and offers up to 6 years in the Sales of goods Act.

The fact that this EU Directive offers 2 year warranty is a fabrication based on peoples half-knowledge.

ses6jwg

It is up to you to prove to the retailer that the fault was inherent so yes get an engineers report if they find it to be an inhereant fault you are entitled to a refund or replacement including the cost of comissioning the report.

But first try being very very nice to the retailer.

Mankysteve

Scullster Got the right approach he just missed out that you need to get the independent engneers report before the court action. An item should last of reasonable length of time upto 5 years, for a TV 5 years is not unreasonable amount of time.

After 6 mounths of purchase its up to you to prove that the item failed though a inherent with the item and not though fairware and tear or missuse. I.e you have to pay for an engneers report. 99.9% of places offer an one year return it to us we'll do all the checks then Repair/Replace/Refund at there discretion this is not part of your statory rights.

The uk SOGA is one of best for the consumer protection and over rides the European Directive as it matches and exceeds it.

korokor

I sent a recorded letter to Digital Direct today to see if they will play ball straight away. I've given them two weeks to respond. If they fail to respond or repair/replace I'll get an engineer's report.