Retailer trying to charge £150 more than online price

Lostockkid

My three year old 32 inch Toshiba LED TV developed a fault which Toshiba said could not be fixed and as it had to provide parts for six years it eventually agreed to what they called an 'uplift for credit' and I should contact the retailer I bought the set.

I spoke to the retailer, who after confirming with Tosh, said that I could have a new TV. The limits were it has to be another 32 inch and cost no more than £859 - the price I had paid for the original TV.

I duly picked a new TV - a Panasonic at £699 not one I would have necessarily chosen. It was delivered quickly and efficiently and they arranged for the courier to return to pick up the old set.

Unfortunately in transit the pedestal for the TV became loose and smashed the screen. They say it is the way I packed the TV. The retailer is now saying that Tosh are refusing to take the TV back and that I owe then £859 - even though they said I was fore fitting the £150 due largely to the fall prices.

What I was wondering is can they do that. I presume there is a possibilty will be claiming the full amount from Tosh.

Any thought gratefully received.

bazster

Lostockkid wrote: »

My three year old 32 inch Toshiba LED TV developed a fault which Toshiba said could not be fixed and as it had to provide parts for six years it eventually agreed to what they called an 'uplift for credit' and I should contact the retailer I bought the set.

I spoke to the retailer, who after confirming with Tosh, said that I could have a new TV. The limits were it has to be another 32 inch and cost no more than £859 - the price I had paid for the original TV.

I duly picked a new TV - a Panasonic at £699 not one I would have necessarily chosen. It was delivered quickly and efficiently and they arranged for the courier to return to pick up the old set.

Unfortunately in transit the pedestal for the TV became loose and smashed the screen. They say it is the way I packed the TV. The retailer is now saying that Tosh are refusing to take the TV back and that I owe then £859 - even though they said I was fore fitting the £150 due largely to the fall prices.

What I was wondering is can they do that. I presume there is a possibilty will be claiming the full amount from Tosh.

Any thought gratefully received.

You've got the new TV, they haven't got your money. Tell them to get stuffed. As for the £150, I wouldn't push this if I were you. You've got a brand new TV after three years' use of the old one, which is much, much more than anyone was legally obliged to give you. Expecting to get £150 on top of that is liable to have them thinking you are taking the Mickey, which will not encourage them to go away quietly.

Foggster

Ask them for photographic evidence and any CCTV from the warehouse when the television was unpacked. I doubt they will have this and therefore it is their word against yours and they would have to prove you didnt package the television correctly.

How on earth could a stand come loose in transit and then make its way up whilst in the box to then be against the screen when the box was hit in such a way it smashed the screen! It sounds like a stretch of the most active imagination!!!

pendulum

More details about how the old TV was shipped.
Who packed it, who picked it up?
If you agreed to send it to them, packed it yourself and sent it via a method of your choice, and it did not arrive at theirs in good condition, then maybe you're liable...

Lostockkid

Thanks for the thoughts.

I had to pack the TV in the box from the the new TV - as they asked me to do - it was not a good fit as TVs have slimmed down in the last three years. It wasd their courier who picked it up. They tell me they have pictures which show the box in a condition which shows it was not the courier and it must be the way I packed it.

In regards to the money - I understand from other forums that Tosh give back the full value of the TV so I could have spent up to £859 but did not simply because TVs are now cheaper.

Lostockkid

Should have siad above - it does not bother me the loss of £150 accepted it is just I can't see why the retailer shoudl invoice me that for a TV they sell at £699 to any other punter!

Anihilator

I would say unless you can prove it wasnt damaged you are on sticky ground given you packed it and sent it off with a courier unless there is now clear damage to the box etc that proves it happened outwith your possession.

If the new TV had shown up damaged I am guessing you wouldnt take the stance it was for you to prove it was broken when it arrived.

deanos

Why would Toshiba pay out for another brand of TV ?

Seems strange to me

Lostockkid

I thought it strange that Tosh would pay for another brand but from what I can make out they basically give you your money back - and this time it was through the retailer rather than direct to the customer.

OK - so if it can be proved that I was at fault for the packaging - teh crux of my point is that how can the retailer insist on £859 when they are selling the TV I eventually chose at £699?????

Esqui

Do you have something from the courier that says they have accepted it? If you do, then the store should chase with the courier, surely?

RobertoMoir

Who arranged the courier? If it was them, I'd be taking the stance that the TV was fine when handed over to their agents, who presumably checked it before they signed for it, and that their agent's negligence makes for an interesting story and thanks for telling you and you'll definitely subscribe to their magazine if they promise that all the other stories are that good, but its not really your problem.