Samsung television - 2+ years

Foggster

I simply want to know if this is worth pursuing.

In January 2008 I purchased a 42" Samsung television from Dixons.

3 months ago we noticed the picture was being distorted down the right hand side of the screen but after 10-15 minutes this would clear. Now it only came with a 12 month guarantee and obviously it is outside of that but I still contacted Dixons to ask their advice. They said we needed an independent engineers report and they would look into it. The problem we are now having is that we are quite rural and the nearest engineer prepared to look at the television is 40 miles away! We also need to get it to him during the week and we both work. He is also charging £99 + VAT for the report which Dixons have said they will pay if the television is found to be faulty.

Has anyone ever had a similar situation and what was the outcome. I am reluctant to fork out £99+ when this could go towards a new television if Dixons decide the fault is ours (I dont how this could be because the television has never been damaged or moved since we bought it).

Any advice?

savemoney

Yes they are right. Under the SOGA it does state after 6 months the onus is on the customer to prove the goods have an inherent fault

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html



Relevant or Related Legislation:

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

Foggster

Thank you Savemoney for your reply.

Maybe my post wasnt very clear but I wanted to know if anyone had had experience of this and what the outcome was.

I am aware I have 6 years to do something about it but with money being a bit tight at the moment we are weighing up the spending out of on an engineers report against buying another television (obv. not the same spec).

How have people found Dixons in the past with anything similar?

Many thanks again.

Antispam

I did it last summer with Currys and a fridge freezer. I went as far as going to small claims court but Currys backed down once they were served the papers and I had evidence. I got all my costs paid including court costs

Foggster

Antispam wrote: »

I did it last summer with Currys and a fridge freezer. I went as far as going to small claims court but Currys backed down once they were served the papers and I had evidence. I got all my costs paid including court costs

Thank you. Did you have to get an engineers report on the item?

Antispam

Yes I got a report done by a local enginner I suspected there was a design fault as I checked as soon as he came round he knew right away but checked on his netbook to confirm this

I orginal was to pay them but got in touch with manusgcater who wouldnt help at first but later said they send someone round which happen to be same engineer

I then sent Currys a letter with it as they refused to recognize SOGA who didnt reply. I then contacted Small claims court and paid to serve papers on them. They rang me up did there solicitors to say they send a cheque for full costs and can I cancel the legal side which I did once I got the cheque. They even paid damages for £130 'consequential loss' for frozen food which had to be binned due to freezer being faulty. I supplied evidence of this

Esqui

Foggster wrote: »

Has anyone ever had a similar situation and what was the outcome. I am reluctant to fork out £99+ when this could go towards a new television if Dixons decide the fault is ours (I dont how this could be because the television has never been damaged or moved since we bought it).

Any advice?

Dixons won't decide whether the fault is yours or not if you get the report - the report will tell them that!