Tesco and the SOGA

Scarlett

I'll try to keep this short...

I bought a 15" LCD TV from Tesco for £189.97 which just stopped working for no apparent reason 14 months after purchase. I've written to Tesco, stating that I do not think the 14 months is a reasonable amount of time for a TV costing that much to last, and asked them to refund, repair or replace.

They have offered me £95 (half the purchase price) compensation for the "intrinsic value" of the TV.

I have replied to say that they're supposed to put me in the same position I would have been in if the TV was not faulty i.e. I should have a working 15" LCD TV. They've replied saying they're not going to offer anything further.

The thing is, they've given me the £95 in the form of a Tesco money card, which obviously I can't spend anywhere else, but £95 won't get me an LCD TV with Tesco.

I'm not really sure where I stand now. Can someone please give me a link to the part of the SOGA that applies? Any other advice?

IvanOpinion

This is where I think the SOGA gets into some grey areas. There is abit that says "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 " .. I wonder if the use of 'partial' applies here.

having said that I would expect such an itm to last at least 4 or possibly 6 years (which is mentioned in the SOGA). If they are now selling for about £125 then it is probably fair(ish) however if they are still £190 then I would have thought £150 would be fairer. In either case I would be negotiating a replacement plus as little as possible money

Ivan

gyzmo

The problem with the SoGA is that there is no definition of "reasonable" (and really, ir would be impossible to define accurately). This is where your rights and the enforcement of your rights conflict. It would be up to a court to decide whether the length of time is reasonable (personally, I would think not), and then you have to consider what is fair wear and tear. This really should be a refund of the value (lets say ten years) less wear and tear, a £1000 TV expected to last 10 years but conked out after one year should get a refund of £900). Unforunatley, life is not so simple, and it is a case of weighing up teh cost of taking this further against any deficit in the loss you have suffered already.

I would approach Tesco and ask them for a free repair instead. Consumer Direct (shudder) should be able to offer specific advice on this.

Darksun

Also, I'd demand that any compensation be given in cash rather than tesco vouchers