TV Fault

consumers_revenge

Hi,

Unsure if this is the correct section.
My 2 year old lcd tv has suddenly got a very thin black line running from one side to the other. It is in all modes so dont think its the cabling. Now out of warranty, but blimey 2 years?

Had my old type one nearly 20.

Is it a goner? Can it be saved?

Thanks

danny2324

When you say 2 years, is it over 2 years, or under 2 years? If it is under, European Directive 1999/44/EC might be worth looking at:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1999:171:0012:0016:EN:PDF

moonrakerz

danny2324 wrote: »

When you say 2 years, is it over 2 years, or under 2 years? If it is under, European Directive 1999/44/EC might be worth looking at:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1999:171:0012:0016:EN:PDF

Let me quote from this Directive:

" Member States may adopt or maintain in force more
stringent provisions, compatible with the Treaty in the field
covered by this Directive, to ensure a higher level of consumer
protection"

The UK has the Sale of Goods Act which does just that, therefore this Directive does NOT apply to the UK !

danny2324

I believe that the Sale of Goods Act does not state that there must be a minimum guarantee of 2 years, all it says is you can claim for items that are not fit for purpose for up to 6 years?

This is why traders and retailers are still advertising goods with a 12 months parts and labour warranty.... as of 1st January 2002, this is illegal and in effect should be 24 months (obviously for defective goods not accidental damage).

As for not applying, the UK is a member state, it does apply - if the UK wants to be like Germany and have a minimum guarantee of 5 years, then it can.

See "The Sale and Supply of Goods to Consumers Regulations 2002", here http://www.opsi.gov.uk/si/si2002/20023045.htm

consumers_revenge

I actually ordered it from ebuyer 26/08/2010 and it came early september.

do you think the above sales of goods acts apply and how do I go about it please?

danny2324

eBuyer can be difficult to deal with, until they get served with court papers. (Be persistant. I did get a free laptop out of them).

First point of call would be the producer. What brand is it?

Just for the record, it is 2 years from the date of delivery.... and it isnt yet 26/08/2010???

consumers_revenge

Estimated delivery date was sept 2nd 2008

Thanks fo reply, just dont know how to go about all this.

Item: Sense 32" HD Ready LCD TV Digital Freeview 1366x768 500cd/m2 800:1 HDMIx2/PC Input Gloss Black **Samsung Panel**

danny2324

Firstly, get the producers name, which should be clearly displayed on the TV. Then navigate to the warranty section on their website and identify what warranty they are claiming to give the TV. If it is 2 or 3 years, just call them and arrange a repair/replacement.

If it is 12 months, call and explain that your TV has broken you would like it repaired under warranty. If they refuse, remind them of the SoGA '79 and SSGC Regs 02 and the 2 year guarantee as under European Directive 1999/44/EC. If no joy, email a strongly worded letter to their CEO about poor quality materials used during manufacture etc and how the TV was not fit for purpose or of satisfactorily quality. Explain how it has failed in your expectations and how you would like a free of charge repair or replacement. This usually works.

Then give eBuyer the chance to replace it, before taking eBuyer as the trader, to court.

moonrakerz

danny2324 wrote: »

As for not applying, the UK is a member state, it does apply

It does NOT apply - take it to Court and get laughed at !

This is a VERY old chestnut that crops up with amazing regularity on this site.

Please DO NOT post grossly misleading information on this site - check your facts !!!!

See:

http://whatconsumer.co.uk/eu-directive-sale-of-goods/

danny2324

All that site says is that in some instances, the SoGA affords a higher level of protection to the consumer. We still have to comply with the minimum requirements of the Directive... which is why the 2002 Regulations became about.

After checking the Act again, there is no mention anywhere of any timescale of warranty / guarantee, only that consumers have the statutory right to expect the product to last a reasonable amount of time taking into account the price of the product, and that should this fail they could request a repair, replacement or refund at any time (depending on circumstances) up to 6 years...

My interpretation is that under SoGA the OP would have to go to court and prove his point as it is very vague and undefined. The European Directive states in clear, intelligible English, that there must be a minimum guarantee of 2 years.

moonrakerz

danny2324 wrote: »

My interpretation is that under SoGA ............ The European Directive states in clear, intelligible English, that there must be a minimum guarantee of 2 years.

Your use of the word "interpretation" neatly sums up the gross errors in your argument.

I can only assume that you work on the principle that if you say something often enough and loud enough someone, somewhere, will believe you.
The "Directive" can state what it likes - it is NOT UK Law !!!!!!!!

1. An EU “Directive” directs the Governments of EU member states to pass into Law certain things – unless a member state believes that it already has Laws in place which equal or exceed those in the Directive.
2. The Directive that you refer to has never been passed into UK Law since all UK governments have believed that the Sale of Goods Act (1979) exceeds the requirements of this directive.
3. This decision of the UK Government has never been challenged by any EU body.

Just in case you still don’t understand – it is a “directive” NOT a LAW ! (It may not actually be the Law in any EU state !)

If you still think that this "Directive" applies, can you please quote which UK LAW stipulates that a two year guarantee applies - I will say again, in short words - an EU Directive (big word, but you used it first) is NOT a UK Law.

Apart from which - if this Directive did apply in the UK do you not think that someone would have noticed in the last 11 years !!! ? this is obviously why someone, debunking this premise, recently referred to the Directive as - The "Secret" EU Law.