Faulty Plasma

Truganini

Hi,

I purchased a Panasonic 42" plasma from Comet on 18 Dec 2010 for just over £600 and last it has now developed an intermittent 2" wide vertical strip right down the center of the panel.

I took it to the local Panasonic repair agent to be looked at and the engineers service report states that the plasma display panel (pdp) needs replacing.

Under the Sale Of Goods Act goods should be of of Satisfactory Quality which I have seen defined as what a ‘reasonable person’ would regard as acceptable, and takes into account factors such as price paid, fitness for purpose specified, appearance and finish, freedom from minor blemishes, safety and durability.

Panasonic's advertising states "VIERA Plasma TVs are designed to provide a panel life of up to 100,000 hours, giving you up to 35 years of great entertainment", mine lasted 6874 hours, which is less than 7% so I would not deem it of satisfactory quality and were Comet still trading I would pursue a claim on those grounds.
However with Comet in administration I am investigating if I could claim under Section 75 against my credit card company as it was wholly paid for on the card.

The card company, First Direct, have sent me a letter asking me to "confirm the exact breach of contract or misrepresentation I allege the retailer to have made." They also require a copy of the contract agreed between me and Comet together with their T&Cs and copies of all correspondence, especially any letters from Comet refusing my request for a refund . . . . . . :think:

Now just to compound my situation even more I am unable to find my receipt from Comet for the purchase, I do have the credit card statement showing the transaction but it only shows the monetary amount not any details of the goods purchased.

The tv has been well looked after and is in very good condition othe than the panel.

Is anyone able to offer any professional advice on my situation especially in regard to my case, or lack of, against the credit card company?
Would my my receipt be my copy of the agreed contract?
Does anyone have a link to Comet's T&Cs, obviously it would be an archived web page?

Thanks

Nigel

[Deleted User]

Good luck with this...you'll need it

wealdroam

Nigel, you really need to read MSE's Consumer Rights article, together with their Section 75 Refunds article if you haven't done so already.

The following is not professional advice, just opinions...

Go back to your Panasonic repairman and ask him for a report stating that the fault is inherent. I.e. the fault was present at the time of sale but not necessarily apparent at that time. Maybe a component has failed prematurely or mis-assembled leading to an earlier than anticipated problem.

'Section 75' makes the CC Co equally responsible for performance of the contract. It does not insist that the seller must be approached for a remedy before the CC Co, and in this case that would be difficult.

Remind your card issuer of this and make you claim together with the report from the repairman.
You do not need a receipt... a credit card statement is sufficient.

You mention refund.
As you have had the thing for some time, you are unlikely to get a full refund. They may well offer a partial refund to take account of the use you have had, and have the right to do so.
Be aware that they can also offer a repair or replacement if that is less costly.

yangptangkipperbang

Things break down - even Panasonic TVs and Rolls Royce cars !

It may have a "design life" of 100,000 hrs - that certainly doesn't mean that every TV WILL last that long. Some will last 200,000 hrs others will last one hour.

Suggest you read up on Reliability Engineering.

Truganini

Thought I would post an update - my CC company have settled in my favour with a partial refund :beer:

I found my original receipt which I sent to them along with a copy of Panasonic's advertising claim of up to 35K hours and a letter stating I held them responsible under Section 75 and a couple of weeks later they contacted me to offer a partial refund.

Nigel