tv from tesco broken within 15 mths offered just £75!!

dml1977

Hi
Please bear with me as this is my first time on a forum but feel like I need some help/advice.
In dec 2012 I purchased a tv from tesco for £200, it has been used as a secondary tv in our house since then (e.g in bedroom so minimal use not like a lounge tv if u understand 😞) last week the sound stopped working on it completely so got in touch with tesco who have now offered me £75! To replace this t.v is in the region of 200 - 250 for a comparable one, tesco are continually stating as im out of the 1 year guarantee they provide under uk law that is the best they can do, yet I was under the impression under eu directive I am entitled to a 2 year guarantee for the sale of all consumer goods everywhere in the eu, I quoted this to tesco and was told by a guy in their customer service department that this only applies for countries that dont have their own consumer laws whereby we do?
Im slightly confused and would appreciate some advice as to whether I should attempt to take this further or just accept the £75 which I dont want to do as I feel a tv should have lasted longer than what it did, thanks in advance for any help or suggestions anyone may have

unholyangel

The term warranty in the EU directive does not mean the same as a manufacturers warranty. It basically just means that should the item breach contract, you should have a minimum of 2 years to pursue them legally.

In England, you have 6 years by the statute of limitations (5 from discovery in Scotland) in which to bring a claim so it far surpasses the 2 year eu stipulation and thus, already met the requirements of the directive.

Under SoGA, after acceptance has occurred you can request one remedy over another (repair, replace, refund - which can be partial to take into account use you have had of the item) but they can refuse if disproportionately costly in comparison to another remedy.

After 6 months from purchase, they don't have to offer anything until you prove the fault is inherent.

I would say the offer is low though (although that depends on specs....if its a 42" tv....£75 is a fair offer imo, if its only a small one, i'd expect it to last a bit longer). However I should also point out deductions do not have to be linear and its not uncommon for technology purchases to lose more in the first year or two (ie lose 50% the first year, 30% the next etc).

Certainly nothing stopping you from trying to barter a better offer.

aldredd

best thing to do would be to try and find a similar tv of a similar age and good working order for sale online, and quote that price to them as the value. That said, tech does depreciate quickly though, so £75 may well be about right.

AnnieO1234

Would you pay £75 for a second hand tv that only cost £200 new less than two years ago? Probably not. Tesco could've told you to prove the fault was inherent and given you nothing.

Have you checked online to see if anyone has experienced the same problem?

X

SuperHan

dml1977 wrote: »

tesco are continually stating as im out of the 1 year guarantee they provide under uk law that is the best they can do, yet I was under the impression under eu directive I am entitled to a 2 year guarantee for the sale of all consumer goods everywhere in the eu, I quoted this to tesco and was told by a guy in their customer service department that this only applies for countries that dont have their own consumer laws whereby we do?

This is exactly correct, and it is very refreshing to hear of a customer service employee having a good grasp of the law.

Under the SoGA they need only offer a partial refund. If you're not happy with the amount offered and Tesco refuse to budge, you would have to take them to a small claims court, but it sounds as though £75 may be fair...

bod1467

I would say £75 refund off a £200 purchase after only 15 months is low - if it had failed just over 3 months ago the OP would likely have got a replacement. I'd be expecting at least £100 refund.

fozmcfc

I'd be pushing for around £100 myself.

I'd be very surprised, if a tv bought for £200 15 months ago, would now cost £250 - £300, on a like for like basis.

TV's are coming down in price all the time, not going up. The only exception to this, might be if the tv was bought at a heavily discounted price.

Either that, or you are comparing the specs of some cheap and nasty Taiwanese unheard of branded tv, to something like a Sony/Samsung.