TV knackered after 18 months any rights?

marklv

ADAM001 wrote: »

Hi guys,

Bought a tv in mar 08 from tesco,which today has gone faulty,the maufacturer says the warranty period is 12months and they gave me a number of a repair centre,but my wife swears when we bought it,the lady in Tesco said the warranty was 24months (i would be lying if i said i could remember) but,do i have any right to a replacement/repair? I think if a TV only lasts 18months and im then faced with a repair/replacement bill.... well i personally think its unfair,i paid £450.00 for it!!!!

Tough sh*t mate. That's life - life itself is unfair. You bought a dodgy brand at Tescos and you've paid the price for it. Flog it on eBay and you should get a few quid back even if it's broken, or else get it fixed.

marklv

ADAM001 wrote: »

Right folks,

Sent a letter template from Consumer online and got a reply from Tesco yesterday,they have,as a goodwill gesture,offered me £180.00,what do you think folks? It still won't get me a new television,but its a start.

Consider yourself very lucky to even get that. If you wanted longer warranty you should have paid for it - everyone else has to, so why should you be exempt? And you don't need to get a new TV, just get the one you have repaired.

marklv

ADAM001 wrote: »

Thanks for that by the way,but what i dont need is somebody gloating about the fact i didn't take out an extended warranty,which i think is a joke and a bloody rip off! If i pay in excess of £450.00 for an appliance,i think it more than reasonable to expect it to last more than 18months,extended warranty or not!!

Your reasonable expectation is irrelevant. What is relevant is that you made a bad decision and now you are unwilling to face the consequences. Anyway £450 is peanuts these days.

kalaika

marklv wrote: »

Tough sh*t mate. That's life - life itself is unfair. You bought a dodgy brand at Tescos and you've paid the price for it. Flog it on eBay and you should get a few quid back even if it's broken, or else get it fixed.

How do you know what brand this is? The OP hasn't said what it is...

marklv wrote: »

Your reasonable expectation is irrelevant. What is relevant is that you made a bad decision and now you are unwilling to face the consequences. Anyway £450 is peanuts these days.

It must be nice to have that much cash that you can class £450 as peanuts. I'm lucky to be in a stable financial position but spending that much wouldn't be peanuts for me...

OP, I would agree with Tim. I would say that their offer of £180 is OK, but you can always see if you could push them a bit more. They can only say no and the alternative would be to try and prove an inherent fault which will take a lot longer and will be a lot more hassle with no guarantee of success.

roger196

neilmcl wrote: »

Don't bother, there's no such thing as an EU 2 year warranty, as has been discussed many times on this board. The Sale of Goods Act is the way to go.

For your benefit I quote the appropriate directive:-

DIRECTIVE 1999/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 May 1999
on certain aspects of the sale of consumer goods and associated guarantees

C of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests(5),
HAVE ADOPTED THIS DIRECTIVE:

(e) guarantee: shall mean any undertaking by a seller or producer to the consumer, given without extra charge, to reimburse the price paid or to replace, repair or handle consumer goods in any way if they do not meet the specifications set out in the guarantee statement or in the relevant advertising;
(f) repair: shall mean, in the event of lack of conformity, bringing consumer goods into conformity with the contract of sale.

Article 3
Rights of the consumer
1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.
3. In the first place, the consumer may require the seller to repair the goods or he may require the seller to replace them, in either case free of charge, unless this is impossible or disproportionate.

Article 5
Time limits
1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

The problem comes in enforcing a directive against the member state which has failed to legislate properly. This is discussed in this forum on "Length of warranty 3 months" at post 23 and 27

neilmcl

roger196 wrote: »

For your benefit I quote the appropriate directive:-

DIRECTIVE 1999/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 May 1999
on certain aspects of the sale of consumer goods and associated guarantees

C of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests(5),
HAVE ADOPTED THIS DIRECTIVE:

(e) guarantee: shall mean any undertaking by a seller or producer to the consumer, given without extra charge, to reimburse the price paid or to replace, repair or handle consumer goods in any way if they do not meet the specifications set out in the guarantee statement or in the relevant advertising;
(f) repair: shall mean, in the event of lack of conformity, bringing consumer goods into conformity with the contract of sale.

Article 3
Rights of the consumer
1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.
3. In the first place, the consumer may require the seller to repair the goods or he may require the seller to replace them, in either case free of charge, unless this is impossible or disproportionate.

Article 5
Time limits
1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

The problem comes in enforcing a directive against the member state which has failed to legislate properly. This is discussed in this forum on "Length of warranty 3 months" at post 23 and 27

Stop trolling with this rubbish. As you are now no doubt aware, there is no mention anywhere of a 2 year guarantee/warranty. As you've been told before by others, all it does is it sets out a limitation period of 2 years, which is much less than the SOGA already gives you.

AfterDark

ADAM001 wrote: »

Right folks,

Sent a letter template from Consumer online and got a reply from Tesco yesterday,they have,as a goodwill gesture,offered me £180.00,what do you think folks? It still won't get me a new television,but its a start.

I'd accept it, as it's over 12 months tesco don't really HAVE to offer you anything.

roger196

neilmcl wrote: »

Stop trolling with this rubbish. As you are now no doubt aware, there is no mention anywhere of a 2 year guarantee/warranty. As you've been told before by others, all it does is it sets out a limitation period of 2 years, which is much less than the SOGA already gives you.

Are you claiming that I have misquoted the EC Directive. I suggest you go to EU website to confirm that I have quoted correctly.
I have highlighted where the two years comes from in Article 5 and the right to repair within Article 3. It is NOT a limitation period to bring a claim but a guarantee. The EU definitely thinks it is a guarantee. This is taken from their leaflet on consumer rights on page 7.

"In this case, Viktor’s rights as an EU
consumer are not being respected by
the Hungarian representative of the
manufacturer. The fact is that a twoyear
guarantee applies for the sale of
all consumer goods everywhere in
the EU (Directive 1999/44/EC). In
some countries, this may be more, and
some manufacturers also choose to
offer a longer warranty period."

DIRECTIVE 1999/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL


Article 3
Rights of the consumer
1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, .....
Article 5
Time limits
1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods.

neilmcl

roger196 wrote: »

Are you claiming that I have misquoted the EC Directive. I suggest you go to EU website to confirm that I have quoted correctly.

I think its best if we can keep this to the other thread and discuss it there please but yes you are misquoting and misinterpreting the Directive. Please print the exact part of the Directive, not any other leaflets or papers, but the actual directive that mentions a 2 year guarantee/warranty. And, while you're at it, show me where the SOGA is deficient in comparison?

ADAM001

marklv wrote: »

Tough sh*t mate. That's life - life itself is unfair. You bought a dodgy brand at Tescos and you've paid the price for it. Flog it on eBay and you should get a few quid back even if it's broken, or else get it fixed.

The "dodgy" brand in question was Phillips!!!