Mail Order and SOGA

dld2s

Hi all, posting for a friend who needs some advice.

Friend is a agent for a well known shopping catalogue,
they bought for themselves a Toshiba TV and it now has audio problems, these problems started when it was around 13 months old, but when they turned it off and on the TV worked ok, it's not a tv thats in use every day and it wasnt used in a while.

It is now 2 + years old and has now been getting used more and the problem is getting worse, after 30 to 60 mins use the sound cuts out, they had originally called the catalogue company after the 13 months and also in October 13 but were fobbed off because in their words "it was out off warranty" and told to call Toshiba as they took nothing to do with the warranty after 6 months, she did call Toshiba but got no Joy there also.

They were telling me about it an I told them that under the SOGA they may be able to claim it was not fit for purpose and ask for replacement/repair as the sound going couldn't really be from abuse/mistreatment and was most likely a fault with manufacturing ( I looked online and seemingly the TV is a re-badged Vestel tv and see that TV engineers are saying that sound problems are quite common with this tv and that it is in fact poorly made)

They again called catalogoe folk several times , but they
insist it's nothing to do with them, but Toshiba, I am under the impression that under the SOGA it's the catolague's responsibility and not Toshibas, but with friend being a agent for the catalogue and it being mail order we are wondering if the SOGA is different in their regard,

any help appreciated

wealdroam

Toshiba have no responsibility after the guarantee ran out.

Under the Sale of Goods Act you have up to six years to seek a remedy from the seller - the catalogue company.

You will however need to prove that the fault is inherent, i.e. present at the time of sale but not necessarily apparent at that time.

You may need to get an engineer's report to confirm that the fault is inherent, and armed with that you should get either a repair, replacement or a refund. A refund could be reduced to take account of the use you have had.

You can choose the remedy, but you cannot force the seller to provide a disproportionately costly remedy.
In other words... the seller effectively chooses the remedy.

You need to decide whether that is worth doing.
The tv is over two years old... what sort of refund could you expect?

Replace you in the above with your friend.

Have a read of MSE's Consumer Rights guide too.

powerful_Rogue

What size is the TV and how much did it originally cost?

dld2s

wealdroam wrote: »

Toshiba have no responsibility after the guarantee ran out.

Under the Sale of Goods Act you have up to six years to seek a remedy from the seller - the catalogue company.

You will however need to prove that the fault is inherent, i.e. present at the time of sale but not necessarily apparent at that time.

You may need to get an engineer's report to confirm that the fault is inherent, and armed with that you should get either a repair, replacement or a refund. A refund could be reduced to take account of the use you have had.

You can choose the remedy, but you cannot force the seller to provide a disproportionately costly remedy.
In other words... the seller effectively chooses the remedy.

You need to decide whether that is worth doing.
The tv is over two years old... what sort of refund could you expect?

Replace you in the above with your friend.

Have a read of MSE's Consumer Rights guide too.

Cheers Weald, that was my thoughts, only 5 years as it's Scotland, just wondered if friend being a agent changed things, sounds like a no