Advice needed please

zAndy1

Hi, apologies this may be a long post...

Back in May I ordered a Sony KD65X9005A TV, the cost was £3100 , I paid a deposit of £300 and the rest was on finance buy now pay 12 months later so the balance is due in May next year. The TV was delivered on the 2nd May and was faulty on delivery with a pink splodge at the bottom of the screen. The retailer replaced it no questions asked and the new one was delivered on the the 9th May and was ok. Fast forward 5 months and the 2nd TV developed a fault which I reported to Sony technical support who sent someone from the local service centre who confirmed said fault and said they would be in touch when the required part (new screen) was available. A few days later they rang me to say the part was no longer available and they would be replacing the TV instead. 4 or 5 days later they delivered a brand new KD65X9005B which is the 2014 equivalent model of the one I originally bought which was a 2013 model. Straightaway I noticed a problem with the replacement they had provided in that the left and right of the picture were a lot brighter than the rest of the screen. I reported it to the service centre who asked me to send some pictures of the problem to them which I did, they confirmed it didn't look right and ordered another replacement, that replacement was delivered on Monday this week (3/11) and suffers from the same problem. The bloke that delivered it from the service centre set the new TV up and checked it with me and agreed that it's not right and said in his opinion the best option now was to try and get a refund. And that's where the fun starts... The retailer is saying they need an uplift authorisation number from Sony in order to give me a refund, Sony are saying they don't provide uplift numbers they only deal with repairs and exchanges and that the retailer has to get an uplift authorisation from their distributor, the retailer is adamant i have to get an uplift number from Sony. Pacifica who are the company that the service centre deals with on behalf of Sony are saying a refund needs to come from the retailer, basically I'm getting nowhere. To summarise I've had 4 TVs in 6 months, the retailer supplied the first 2 both of which proved faulty and Sony / Pacifica have supplied 2 replacements both of which the service centre agree haven't been acceptable. The TV was bought on finance apart from a 10% deposit. Please can somebody advise me what my options are as far as being a refund is concerned, am I entitled to one and if so who from? Any advice much appreciated

Thanks

unholyangel

Who provided the finance? May be worthwhile contacting them to see if a section 75 claim is possible (there are exceptions - like if the retailer is providing the finance themselves rather than through a third party/company - but otherwise the finance company are jointly and severally liable for the performance of the contract).

zAndy1

The finance is with Barclays , I assume going down that route would usually be a last resort? I wasn't sure if section 75 would apply now that a 3rd party i.e. Pacifica / Sony have now been involved and the goods i now have are not the same as the product i took the finance out for...Worth bearing in mind though definitely , thanks for the reply

unholyangel

zAndy1 wrote: »

The finance is with Barclays , I assume going down that route would usually be a last resort? I wasn't sure if section 75 would apply now that a 3rd party i.e. Pacifica / Sony have now been involved and the goods i now have are not the same as the product i took the finance out for...Worth bearing in mind though definitely , thanks for the reply

Presumably sony dealt with it under warranty? If so, well you bought a tv with a warranty.....you can hardly waive your statutory rights by using something which formed part of the contract at the time of sale.

Court would be your last resort. Because the finance company have joint and several liability, you can chase one, the other or both - you can even chase the finance company without ever having approached the retailer.

The added benefit of section 75 is that it costs you nothing and if your finance company reject your claim, you can then refer it to the financial ombudsman.

Where if you didnt have section 75 protection and the retailer was refusing to budge, your only option would be to issue a letter before action and then file a claim against them in the courts.

artbaron

Sorry, no idea, but what I do know is my next TV won't be a Sony.

bris

You SOGA rights are intact, dealing with Sony is authorised by the retailer so your rights are still with the retailer. Your finance co are jointly liable so with the retailer being problematic you should now get Barclays involved, you will find them easier to deal with.

agrinnall

artbaron wrote: »

Sorry, no idea, but what I do know is my next TV won't be a Sony.

I made the same decision when I had a lengthy (and ultimately fruitless) battle with Sony over a repair 20 years ago - I've never bought anything of theirs again.

zAndy1

Thanks for the replies folks, so do I approach Barclay's directly then and not some body that deals with these things and does it matter if I didn't finance the whole amount?

frugal_mike

Section 75 applies as long as the price was more than £100. It doesn't matter how much finance you took out, it would apply even if you only financed a penny. Contact the finance provider and say you want to make a Section 75 claim.