Tesco outside 12 months warranty

freddie0

We purchased a Freesat set top box 18 months ago, which subsequently failed on the first day of set-up. Tesco replaced the following day (Direct - not stocked instore).

Within a few months we started to have a few issues with the box (Echostar HDS600 where is 'forgets' to record programmes on series link, and the worst issue being that the box 'freezes' - still hearing the sound but the picture is frozen and there is nothing you can do but switch off sat the mains and then power back up again. No pattern to this, it could be on playback or normal viewing, any channel, any time etc..

We dealt with Echostar support, carrying out their recommended software checks, power-cycles, and factory resets. The problem was sporadic and intermittent - but annoying. It could go a month or two without, but then it would come back again.
At the beginning of this year we emailed support again, with the usual listed response of actions to take. A week or two later - it started to freeze again. My emails to Echostar now go without reply.

I therefore contacted Tesco, who advised me that I have a 2 year warranty with Echostar under EU regulations............apparently, and I needed to ring them for a repair/replacement/resolution.
Echostar stated that it was only a 12 month warranty, and when I stated that it was 2 years under EU regs they were very unsure and seemed to think a certain retailer was perhaps passing the buck, but would look into this and contact me back (still waiting).

I then looked online and from this called Tesco back to challenge the fact that my 'contract' was with the seller - not the manufacturer, and that it was their responsibility to take the matter up with the 'producer', not mine. Having worked in Customer Service Management for a number of years I must say it wasn't the best experience, and probably indicative of why their profits are taking a slump at present.
Seemingly I have been Knighted also!
There was no Manager available - all being in a meeting (heard all that before), or a 72 our callback. I waited on hold, a long time. I asked to speak to a Helpdesk Manager, but they 'don't speak to people'. Shame they are so above talking to customers that they have lost the skill in communication. Perhaps the feared speaking to one who has been recently Knighted?

Anyway, finally a Team Leader came to tell me that I MUST take the matter up with the manufacturer as I only had a standard 12 month warranty with Tesco as I didn’t take up their extended warranty but I do have 24 months wıth Echostar

They will only take up the matter on my behalf if the manufacturer will not do anything – and only then if I get a ‘ticket number’ from Echostar.

Feeling a little frustrated and annoyed now.
Any advice please?

yangptangkipperbang

1. Don't buy anything from Tesco - it may be cheap, but you get what you paid for in follow up service.
2. Please don't mention the secret 2 year EU Law................ :rotfl::rotfl::rotfl:

freddie0

2. Please don't mention the secret 2 year EU Law................ :rotfl::rotfl::rotfl:[/QUOTE]

Oddly enough that seemed to be lıke pourıng fuel on a fıre to them

'It doesn't mean anythıng here' was theır response 'We have the Sale Of Goods Act ınstead'

Though they don't seem to know that eıther!

mije1983

freddie0 wrote: »

Oddly enough that seemed to be lıke pourıng fuel on a fıre to them

'It doesn't mean anythıng here' was theır response 'We have the Sale Of Goods Act ınstead'

Though they don't seem to know that eıther!

It's probably as they get so many people talking to them about this and saying 'I know my rights!' I imagine it would get quite tiresome after the first few thousand!

They were 100% correct in that the SoGA offers more protection than the EU Directive (not law), as we get up to 6 years to seek a remedy against the seller.

So what you can do now as they won't play ball, is get an independant report to show the fault was inherant, and then go back to Tesco with said report. Any claim you had on the manufacturer ended when their 12 month warranty did.

wealdroam

The manufacturer owes you nothing beyond that stated in their guarantee.
If that guarantee states twelve months, then twelve months it is.

However, the Sale of Goods Act gives you up to six years in which to seek a remedy from whoever sold the thing to you... Tesco.

Have a read of MSE's Consumer Rights guide for details.

Did you make the purchase by credit card?
If so, then the card company are equally responsible with tesco for performance of the contract.
If you get no joy with Tesco, then read MSE's Section 75 article.

freddie0

As Tesco are being 'Very Little Help' and trying to dodge, would I be able to just claim under section 75 and let the card company take it up with them themselves?

Would that be a full refund instead of the time-reduced that Soga would probably mean?

Seeing as all documentation for Echostar states 12 months warranty, how do Tesco get off trying to claim it is 24 months with the manufacturer - is this just a usual stunt of theirs?

wealdroam

freddie0 wrote: »

As Tesco are being 'Very Little Help' and trying to dodge, would I be able to just claim under section 75 and let the card company take it up with them themselves?

Yes you could let the card company deal with it, but you would still need to prove to them that the thing is inherently faulty... just like you would to Tesco.

freddie0 wrote: »

Would that be a full refund instead of the time-reduced that Soga would probably mean?

No... did you read those documents?
As it says, and I mentioned in my earlier post, the card company are equally responsible for performance of the contract.
In other words, the card company's obligations under the Sale of Goods Act are exactly the same as the seller's.

freddie0 wrote: »

Seeing as all documentation for Echostar states 12 months warranty, how do Tesco get off trying to claim it is 24 months with the manufacturer - is this just a usual stunt of theirs?

Not a stunt... not particularly Tesco.

Many sellers try to avoid their obligations in one way or another simply because it costs them money to do otherwise.

Of course it could be that the particular person you spoke to simply didn't take in the training he had been given.

Here's a quote from that Consumer Rights article you have just read:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.