Help with a faulty smart TV / Sale of Goods Act / Sect 75

rodsey

Hi all,

Hoping someone can help me.

I bought a Samsung smart TV on 26/12/2013. I only really started using the smart features (i.e. the internet connectivity) towards the end of 2014 (silly, I know). I found that the Wi-Fi connection would drop out intermittently. I first reported the fault to Samsung on 18/02/2015, and, after going through months of checks with them and my Internet Service Provider, the have said that it appears my TV is faulty. I have no extended warranty on the TV, so the 12 month warranty ran out on 25/12/2014.

Before I speak to Currys (who sold me the TV), I’d just like a little advice on where I stand with regards to;

Sales of Goods Act 1979
Limitations Act
Section 75 (as the item was bought on a credit card)

Hoping someone can give me some advice on where I stand.

Thanks in advance
Richard

JJ_Egan

Soga its up to you to prove that the fault is not due to wear and tear or damage etc.
A manufacturers report would help in that claim .

rodsey

JJ_Egan wrote: »

Soga its up to you to prove that the fault is not due to wear and tear or damage etc.
A manufacturers report would help in that claim .

Thanks for your reply. Would gaining that report be as simple as just asking Samsung for it?

Thanks
Richard

wealdroam

rodsey wrote: »

Would gaining that report be as simple as just asking Samsung for it?

Just asking Samsung for their report might be a good idea.

Until you ask, you'll never know the answer to your question.

Ectophile

The Limitations Act limits how long you have to make a claim under the SoGA. In England and Wales, that's 6 years.

Section 75 means that the credit card provider is jointly liable with the retailer. So if the retailer won't help you, then you can claim off the credit card provider instead. However, that assumes that you actually have a claim against the retailer under the SoGA in the first place.

daytona0

In addition to what has been mentioned, I would possibly contact Currys first (mentioning Sales of Goods Act and the problem) without getting the fault report done. The only reason being that sometimes they will not ask for the fault report, which saves you a bit of hassle. the only downside is that they may initially refuse, in which case you will then need to go and get the report. This should always be reimbursed though, if your claim is successful!

Good luck though!

Esqui

daytona0 wrote: »

In addition to what has been mentioned, I would possibly contact Currys first (mentioning Sales of Goods Act and the problem) without getting the fault report done. The only reason being that sometimes they will not ask for the fault report, which saves you a bit of hassle. the only downside is that they may initially refuse, in which case you will then need to go and get the report. This should always be reimbursed though, if your claim is successful!

Good luck though!

They will probably get you to pay the up-front repair fee (£95) and refund that if an inherent fault is confirmed. Certainly an option.

rodsey

Ok, cool. Thanks, guys! Anything else I should be mindful of before I get in touch with Currys?

Timalay

Also bear in mind, if Currys do offer a refund (or exchange), they will only probably offer it reduced. Taking in account the use you've had out of it.

CHR15

Wouldn't a wifi dongle suffice?
It would most likely be much cheaper than obtaining a report and fighting them on he beaches for a replacement TV

e.g £21.99
http://www.ebay.co.uk/itm/WiFi-Adapter-Wireless-Stick-USB-dongle-for-Samsung-Smart-TV-BD-players-/231534132892?pt=LH_DefaultDomain_3&hash=item35e8827e9c

LilElvis

CHR15 wrote: »

Wouldn't a wifi dongle suffice?
It would most likely be much cheaper than obtaining a report and fighting them on he beaches for a replacement TV

e.g £21.99
http://www.ebay.co.uk/itm/WiFi-Adapter-Wireless-Stick-USB-dongle-for-Samsung-Smart-TV-BD-players-/231534132892?pt=LH_DefaultDomain_3&hash=item35e8827e9c

Personally I would opt for the Samsung one - currently about £33 on Amazon. I have an older model Samsung Smart TV which only came with wired connectivity so bought the dongle at the same time. Had it for several years and it works great.