Plasma TV sent for repair, not carried out even though they said they did

Svenholio

I just realised I put this post in the wrong forum section, no wonder no replys, whoops.

Anyway, here it is again.
I have had a plasma TV for less than 6 months, we recently discovered that the bezel was cracking away from the screen. We have the what ever happens cover so phoned them up and arranged for it to be repaired.

It just returned today, with no work being carried out on the TV at all. Spoke to the repair department, they have that it is a manufacturing defect and that work was carried out and the TV had a valet.

Obviously the work has not been carried out and also the TV is filthy with a big tea mug stain on the back. Spoke to Currys today very unhappy. They will only offer another chance of repair, I dont think this is reasonable and would prefer a replacement. They are not budging. What can I do here, I feel I am basically being bullied down there company policy and thats that.

Any help appreciated.

Just read the sticky, here are some more details.

Bought it from PC World/Currys store January this year, by debit card.

I feel here that I have gave them an opportunity to rectify the fault when I returned the TV, I shouldnt have to accept another repair if I dont want to at this point, however Currys is telling me that is my only option with them. Lady I was speaking to on the phone got very aggresive and I had to tell her to not to, as all I was doing was reading relevant sections from the direct gov websites. On another conversation I also got told that no matter what the act says company policy is another repair.

I wanted a replacement, I dont see why I should have to be without the TV any longer. After the aggresive and argumentative phone calls I am up for camping at the store with the TV and making a song and dance until I get my cash back.

Oliver14

It's up to the company if they repair or Replace. You have no right to demand a replacement so the lady from currys is correct. As they have only attempted to repair once I would give them another chance before camping.

vax2002

You have to offer them a chance to redeem the situation, which you have done.
The SOG act states that if a repair can be made this is a solution, however if no repair can be made then you can demand the item is replaced.
You have given them the chance of a repair so you have followed the recipe of the SOG.
You should now return to the store with the TV, but first ask to see the manger and hand him a letter in a plain envelope in to his hand inside should be a Notice before action letter stating that in 14 days you will file a claim at the county court for the value of the TV purchase price as it is not fit for purpose, that the repair option has failed and you now seek a replacement TV or refund.
Make sure he understands he has been SERVED with a legal document that has been placed in to his hands and witnessed by someone with you.
It matters not what he does with it, dont play silly games or take it back, if the manger throws it down, it matters not as long as it was served. Keep a copy for the court files.
Then state that the TV is with you in the car and that you are offering them one last chance to either replace the TV with one fit for purpose or refund the purchase price.
If they refuse then your threat of county court action can be filed at Money Claim online after the expiry of the 14 day notice.
They will counter claim and the Judge will make a decision based upon the percentage he feels you have used over the life of the TV, but initially you should claim the full purchase price and let them argue it down.
You wont need a report as by offering another repair they have accepted the TV was not repaired in the first place
You have given a chance to offer a solution, they have failed.

This is the Time for Action.

Svenholio

But how many times do you have to let them repair it.

I jumped through the first hoop, I gave it to them to repair, not to use as a mug rest for a week and send back unfixed and covered in crap.

At this, surely I can reject the second repair. I believe the england and wales law society recommend this, ill try and find the link for that.

Forgot to add, appreciate the replys thanks alot

unholyangel

Svenholio wrote: »

But how many times do you have to let them repair it.

I jumped through the first hoop, I gave it to them to repair, not to use as a mug rest for a week and send back unfixed and covered in crap.

At this, surely I can reject the second repair. I believe the england and wales law society recommend this, ill try and find the link for that.

Once a reasonable time has passed, you would be deemed to have accepted the goods. Once you have accepted the goods, if a fault occurs, you can request one remedy over another (repair, replace,refund - although refund can be reduced to take into account use you have had of the goods) however the retailer can reject this request if it is disproportionately costly compared to other remedies.

The SoGA does state that any remedy should not be of significant inconvenience or cost to the consumer but well.......whether being a few weeks without a tv is "significant" would be up to a judge.

However, you said you had it repaired under their "whatever happens" cover? What does your policy documentation say with regards to repair/replacement?

vax2002

The policy document can say what it likes, it is just that policy, the OP has legal rights as well, no policy is above the law..
He has obliged with offering a chance for repair this failed.

Svenholio

As it was within 6 months wether it was repaired under the extra policy I took out or under the gaurentee supplied with the TV should be irrelevant at this point.

Its not of satisfactory quality, which they have failed to repair. I would agree if it had not been sent away to be fixed, but it has, we are now beyond that.

Here is a link to where i found the reference to number of repairs that should be acceptable

computeractive.co.uk/ca/consumer-rights/2069667/accept-repair-lcd-tv-replaced

unholyangel

vax2002 wrote: »

The policy document can say what it likes, it is just that policy, the OP has legal rights as well, no policy is above the law..
He has obliged with offering a chance for repair this failed.

I didnt say poilicy is above law =/ However often policy gives you MORE than law will. So is it not sensible to see if that policy contains anything he can use?

And jumping the gun will not go in his favour in a small claims court. Legal action is supposed to be a last resort, not a first resort and courts tend to take a dim view on people who are unreasonable in their actions/requests.

If a court views that being without a tv for a few weeks is not a significant inconvenience......he would lose his claim and also be out of pocket for the court costs.

Svenholio

The whatever happens policy has the No Lemons clause, where by after 4 seperate mechanical or electrical failures will it be replaced. This seems to be contrary to SOGA.

There is nothing in the agreement that I have that says they are allowed a second chance to repair a fault that they didnt fix the first time. There is also nothing in the agreement that states the minimum time they should have the product. They tried to fob me off with the fact they only had the TV for seven days before I got it back. However, as I pointed out to them, it was not me that put a time constraint on the repair, they took the product and informed me of when it would be returned.

unholyangel

Svenholio wrote: »

The whatever happens policy has the No Lemons clause, where by after 4 seperate mechanical or electrical failures will it be replaced. This seems to be contrary to SOGA.

Nothing else about it failing within a certain amount of time (some policies will have a clause where if it fails within a few months, they'll replace it, no repair)?

And its not strictly contrary to SoGA as the burden of proof reverses at 6 months, meaning you have to prove the fault was inherent. Plus a few policies will cover for accidental damage. So its sort of a "no quibble" thing.

Did you take pictures of it to show the state it arrived back in? They're not strictly necessary but it would help to show they had failed to carry out the repair with reasonable care depending on the extent of its condition.


As a side note, perhaps not useful atm but Medion have fantastic customer service. 3 year warranty as standard. My bedroom tv broke just before the 1 year mark, they sent a replacement out straight away - I had been expecting a repairman. My extended family have had several items off them over the years (they do computers etc too) and the few times we've ever had a problem, they've always been great. Cheap too!

Svenholio

On the currys website, I have just been looking over there T&C's. They have the following:

Faulty goods

It’s bad enough that your product develops a fault, so we try to make our returns or repair service as painless as possible.
You always have the option of an exchange or refund if the fault occurs within 21 days of delivery. If the fault with your product occurs within its guarantee period (normally 12 months from delivery) we will offer you a prompt repair service*. In all cases we reserve the right to inspect the product and verify the fault.


The problem arises from the fact they failed to carry out there side of the agreement when I returned the TV. At the end of the faulty goods sections it has


THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM TRADING STANDARDS OR CONSUMER DIRECT.


Which is what they stick in because im covered by the act, not by what they are trying to hide behind in the company policy.

Yes I have pictures, I have the TV beside me so can take more, I have some of the damage before it went away aswell. Oh and the TV is still less than 6 months old and they have already admitted the fault is caused by a manufacturing defect.