Proving a fault (6 months+ after purchase)

Super_Dash

Hi all, I haven't posted here in some time but I thought this would be as good a place as any to ask for advice on how to proceed.

I purchased a 59inch Samsung Plasma TV on June the 19th this year. It worked perfectly fine and has been kept on a stand with good ventilation since.

Last night almost spontaneously whilst watching TV a crack occurred. I switched the TV off immediately and researched the problem. To my surprise I found something (that I didn't find when researching the TV originally) very surprising.
http://forums.cnet.com/7723-13973_102-340997/internal-crack-on-my-tv-panel/?messageId=5140202
http://forums.cnet.com/7723-13973_102-340997-0/internal-crack-on-my-tv-panel/?!!!!!contentMain;posts

Many people had complained about these problems occurring without anything directly hitting the TV screen and bizarrely the damage is on the inside of the screen but the surface area on the outside shows no sign of any damage. I examined my TV and this was indeed the case, these is absolutely no abrasion damage or point of contact damage around the crack its all on the inside panel of the screen.

With all of this expertise and such I phoned up the retailer Cost Co who explained to me that this isn't an uncommon problem but the procedure was for them to contact Samsung on my behalf who should contact me but will charge around 65GBP to send a technician out but that they would more likely than not tell me it was physical damage and I would my guarantee voided due to the fact I had physically damaged my TV.

I am at a loss on how to proceed. Quoting UK consumer law got me absolutely no where as the agent in the US Call centre openly admitted to not knowing a thing about UK consumer law.
My TV is 2 weeks outside of the 6 month period where the onus is on the company but how can I prove it was an inherent fault within the TV when they claim physical damage. Even if I got an independent repairer to verify there is no damage on the outer screen that doesn't particularly prove anything.

I know I should have rights under the "SAD FARTS" Satisfactory clause in the Sales of good act but I have no idea how to invoke this when a visit to the Cost Co led to me being told to speak to the customer service department, and the customer service department in the US directing me towards Samsung.

I know this violates my consumer right that I shouldn't have to deal with the manufacturer but what can I do about this? Shall I just stomach the fact that i've been had over and claim on my home insurance which will leave me only 50 + next few years increased excesses out of pocket or is there some other course of action I can take?

Any and all help with be GREATLY appreciated.

Dash

wealdroam

As you say, there doesn't have to be any noticable physical damage to the outside of the screen. Excessive pressure applied could possibly cause the symptom you describe and leave no mark.

How about getting an independent engineer's report that states that the fault is inherent?

You will have to pay for the report, but if it does confirm that the fault is inherent, then that fee will be refunded by the retailer... as well as the cost of the remedy, of course.

Sadly, if the report does not confirm the fault as inherent, then you are even further out of pocket.

Super_Dash

That was indeed what I was thinking. How could the engineer determine the fault was inherent? The technicians Samsung sends around doesn't really determine the cause of the crack they simply say its a point of impact crack; would an independent engineer be able to ascertain if it was heat damage or something else?

How much is that type of report going to cost lol?

My insurance excess is 100 at most but obviously on principle alone I feel I have to kick up some type of fuss.

somethingcorporate

On what principle? the law is quite clear that it is up to you to prove that the fault is inherent.

You need to speak to a repair engineer or technician. We have loads of local independent TV retailers, check your yellow pages and give on a call!

Super_Dash

somethingcorporate wrote: »

On what principle? the law is quite clear that it is up to you to prove that the fault is inherent.

You need to speak to a repair engineer or technician. We have loads of local independent TV retailers, check your yellow pages and give on a call!

More the principle cracks shouldn't randomly appear in the top corner of my screen 6 months after I purchase it.

I agree proving it was an inherent fault is difficult. Even if it is shown to be caused by heat expansion and not point of impact what is there to stop them saying "you should not have let the TV over heat" or "it was caused by a heater you had directly under the TV" (I don't but you get my point).

I have to acknowledge its a lost cause i'll accept it.

arcon5

Why not just contact the manufacturer and cutout the middle men? This is all the retailer would do anyway.