Samsung repair men broke my TV

emmaf01

e got our Samsung TV a few years ago. Recently it has become slow coming on. We googled this and found it was a common capacitor(?) problem and when we contacted Samsung they agreed and organised a free repair.

So the TV was still able to be watched. It still functioned as a TV.

Then today their repair men came round. They took the TV apart and replaced bits. Then fiddled a bit more. Then the picture wouldn't come on at all and the TV started making a horribly dangerous sounding loud crackling noise. They said the repair had blown the screen. They hummed and hawed, tried to phone their boss who wasn't in because he's on half day today. They laughed when I said they'd killed the TV and agreed they had but Samsung only paid them to change the capacitor and left.

My husband immediately rang Samsung customer services to complain. They say it is nothing to do with them, it was a free repair and the TV was out of warranty. We tried to point out it was working as a functioning TV before they sent these two men round to "fix" it. But they had paid two men to come round and break our TV.

This went back and forth with Samsung saying they had no idea IF it was working before the men blew the screen. We said we have witnesses if necessary. After an hour of getting nowhere and not even an apology we took the name and address of who to complain to because they wouldn't even let us speak to someone higher up.

What can we do? The TV is vital to us. My son is autistic and has a routine which includes certain things he "must" watch at certain times. So we now urgently must go and grab a TV, any TV we can afford otherwise he will literally go a bit off the rails. It's a nightmare on a low income where we are his carers and he is already not very well at all at the moment.

We were happy enough with the TV this morning and if they hadn't come round it still would be. I now its a few years old but it was working fine apart from coming on increasingly slowly.

If we had never had them come we would not need to go out tonight and buy a new TV. I know it was older and would need to be replaced eventually but not when their repair men came and wrecked it.

But what can we do? Have they no responsibility at all? If I paid two men to go to their office and break their computer I would be responsible- no matter the age of the computer I would think.

InsideInsurance

The lack of a contract with any party makes life more complicated.

Did the repairmen leave you any paperwork to confirm what happened?

As its the repair company that broke it you probably have more chances to pursue them than the manufacturer. You need to speak to them both about your short term need and the longer term solution

emmaf01

We didn't contact these repair men- they're who Samsung organised and sent. They are saying we need a new screen but are trying to insinuate it was already broken, but we were watching BBC news perfectly at noon and now we can't watch anything. We have witnesses if necessary that the TV was working perfectly alright until they touched it.

So Samsung has contacted their people and are saying it is nothing to do with them. But they have the contract and paid these people, they sent them, they organised it. They said they would give us the "free repair" which has broken it.

It would seem reasonable that the people who organised and paid people to come to our home and fix our TV should fix it or at least organise it being put back into an equivalent state to the way it was when they arrived.

When we were in a better state if they'd never come that does not seem reasonable.

MUMZ2BEE

Under the Trades Description Act any electrical item is covered up to 5 years from original purchase with or without contract.

You can write to Samsung and state that the tv was not fit for the purchase it was bought for.

You can google the Trades Description Act and it will clearly tell you this.

I had a problem with Argos where I had purchased a gas cooker; within 14 months the termocuppler had gone i.e the cooker wouldnt not ignite.

I wrote them a letter saying it had not had full 14 moths use, and I quoted the trades descriptions act, and they gave me a brand new cooker no quibble!!

I would send Samsung a letter, take copies, and send the letter recorded delivery.

Quote the Trade Descriptions Act to them.

Give them 28 days to respond, then contact Trading Standards if they fail to reply.

Good luck!!

emmaf01

We actually got the TV in late 2007 so it's a bit longer than that. But it was working perfectly. It was perfect in picture and the tivo and wii worked fine with it. It just took longer than usual to bring up the picture when you switched the power on.

After all that time we do not expect Samsung to just send us a new tv or something. But we are having to run out tonight and get a quick replacement as my son's autistic issues are making him very ill at the moment and any break in routine can be catastrophic for him. Part of his routine is tv at exactly the same time. As we are trying to keep him calm as we are awaiting social services assessing him as he is so ill with it, we can't really afford or really cope with him having a meltdown because some people broke the tv.

We're going to have to nip out and get one asap.

OlliesDad

MUMZ2BEE wrote: »

Under the Trades Description Act any electrical item is covered up to 5 years from original purchase with or without contract.

You can write to Samsung and state that the tv was not fit for the purchase it was bought for.

You can google the Trades Description Act and it will clearly tell you this.

I had a problem with Argos where I had purchased a gas cooker; within 14 months the termocuppler had gone i.e the cooker wouldnt not ignite.

I wrote them a letter saying it had not had full 14 moths use, and I quoted the trades descriptions act, and they gave me a brand new cooker no quibble!!

I would send Samsung a letter, take copies, and send the letter recorded delivery.

Quote the Trade Descriptions Act to them.

Give them 28 days to respond, then contact Trading Standards if they fail to reply.

Good luck!!

I think the Sales of Goods Act would be more relevant.. but that would be against the retailer rather than the manufacturer. The problem now, is that the retailer would refuse to help as the OP as a third party have now damaged the TV.

I do think the OP has a claim from Samsung (or even against the contractor if they were negligent).

ETA: As the TV is over 6 years old you would not have a claim under the SOGA

OP, I have sent you a PM with a contact who may help.

mije1983

MUMZ2BEE wrote: »

Under the Trades Description Act any electrical item is covered up to 5 years from original purchase with or without contract.

You can write to Samsung and state that the tv was not fit for the purchase it was bought for.

You can google the Trades Description Act and it will clearly tell you this.

I had a problem with Argos where I had purchased a gas cooker; within 14 months the termocuppler had gone i.e the cooker wouldnt not ignite.

I wrote them a letter saying it had not had full 14 moths use, and I quoted the trades descriptions act, and they gave me a brand new cooker no quibble!!

I would send Samsung a letter, take copies, and send the letter recorded delivery.

Quote the Trade Descriptions Act to them.

Give them 28 days to respond, then contact Trading Standards if they fail to reply.

Good luck!!

The Trade Description Act has pretty much been superseded by the Consumer Protection from Unfair Trading Regulations act now.

Are you getting confused with the Sale of Goods Act possibly?

Nothing in law states an electrical item has to last 5 years. The SoGA gives you up to 6 years to obtain some kind of remedy (repair/replacement/partial refund), however after 6 months the onus is on the consumer to prove the fault is inherant and not due to misuse.

The 'up to' part is important. For example it's not reasonable to assume a £1.99 kettle that you use mutiple times a day is going to last years. However, if you pay £100 for a kettle and only use it once a week, then it could be considered reasonable for it to last a lot longer.

The SoGA responsibilites lie with the retailer that you purchase from not the manufacturer.

I don't believe Trading Standards deal with individual complaints. So while the OP's complaint could be one of many as TS build up a case, it is unlikely to help them specifically.

However, I believe all this is a moot point, as the issue relates to a 'repair' that went wrong.

MUMZ2BEE

mije1983 wrote: »

The Trade Description Act has pretty much been superseded by the Consumer Protection from Unfair Trading Regulations act now.

Are you getting confused with the Sale of Goods Act possibly?

Nothing in law states an electrical item has to last 5 years. The SoGA gives you up to 6 years to obtain some kind of remedy (repair/replacement/partial refund), however after 6 months the onus is on the consumer to prove the fault is inherant and not due to misuse.

The 'up to' part is important. For example it's not reasonable to assume a £1.99 kettle that you use mutiple times a day is going to last years. However, if you pay £100 for a kettle and only use it once a week, then it could be considered reasonable for it to last a lot longer.

The SoGA responsibilites lie with the retailer that you purchase from not the manufacturer.

I don't believe Trading Standards deal with individual complaints. So while the OP's complaint could be one of many as TS build up a case, it is unlikely to help them specifically.

However, I believe all this is a moot point, as the issue relates to a 'repair' that went wrong.

You are completely wrong as Trading Stanards do take individual complaints.

I am not confused with the sale of goods act.

I quoted the trades descriptions act when I had a problem with Argos, who gave me a new cooker!

unholyangel

MUMZ2BEE wrote: »

You are completely wrong as Trading Stanards do take individual complaints.

I am not confused with the sale of goods act.

I quoted the trades descriptions act when I had a problem with Argos, who gave me a new cooker!

People have also gotten results quoting legislation that doesnt exist or misquoting actual legislation (case and point = the secret eu 2 year warranty).

However the above posters are correct in saying that much of the Trade Descriptions Act was repealed under The Consumer Protection from Unfair Trading Regulations 2008.

TS do take individual complaints but very very rarely act upon individual complaints (which is what the previous poster meant by saying TS dont deal with them).

mije1983

MUMZ2BEE wrote: »

You are completely wrong as Trading Stanards do take individual complaints.

Fair enough. Their website suggests otherwise.

Glad you got your cooker sorted but it is the SoGA that allows recompense against a retailer for sub standard goods.

unholyangel wrote: »

TS do take individual complaints but very very rarely act upon individual complaints (which is what the previous poster meant by saying TS dont deal with them).

Yes, thats what I meant. Maybe should have been clearer.

Handsome90

I'm not an expert but shouldn't OP pursue Samsung under Supply of Goods and Services Act? More info here http://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982