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Sales of Goods Act / TV Repair - Fobbed Off?
FP125
Posts: 17 Forumite
Just an opinion please from you guys....
Purchased a £500 LG TV 5yrs ago and all of a sudden gone on the blink - I stupidly purchased an extended warranty too - just expired.
Anway....quoted the Sales of Goods Act - 6yr cover, etc, etc
They (Richer Sounds) said I need to take it to a place of repair / engineer and obtain a report from them - then forward it on to them
Some concerns - is my contract with Richer Sounds still? Should they not be organising the repair / engineer for me?
Secondly (as I have not done this before) how does this work? Do these places give a report for free? Or do Richer Sounds pay for the repair through that company? Are these places likely to give me a report on the repair for nothing?
Many thanks
Purchased a £500 LG TV 5yrs ago and all of a sudden gone on the blink - I stupidly purchased an extended warranty too - just expired.
Anway....quoted the Sales of Goods Act - 6yr cover, etc, etc
They (Richer Sounds) said I need to take it to a place of repair / engineer and obtain a report from them - then forward it on to them
Some concerns - is my contract with Richer Sounds still? Should they not be organising the repair / engineer for me?
Secondly (as I have not done this before) how does this work? Do these places give a report for free? Or do Richer Sounds pay for the repair through that company? Are these places likely to give me a report on the repair for nothing?
Many thanks
0
Comments
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You're getting confused. They're not offering a repair.
They want you to provide a report stating whether the TV is inherently faulty. That will cost money. If it is found to have been faulty when you bought it, RS will reimburse you this cost and must repair, replace it or refund your TV. They can take five years use off for the refund.
It it's not found inherently faulty, legally they don't have to do anything.
Honestly after five years you're probably on a hiding to nothing.0 -
What RS are asking for is perfectly acceptable and in line with Sale of Goods act requirements.
What the act states is that you have up to 6 years to pursue a retailer for faulty goods providing that the fault is due to a manufacturing defect. (bearing in mind that this doesn't mean that all goods must last 6 years).
The act also states that after 6 months from purchase, the onus is on the consumer to prove that the problem stems from an inherent fault (a problem that was there at the time of purchase but not apparent at that time). The way to get this proof is to pay for an independent report. If this report states that the fault was due to a manufacturing defect, then the retailer should provide a remedy and cover the cost of the report.
The retailer gets to choose whether to replace, repair or refund and the refund can be partial to cover the time that you have had satisfactory use of the goods.
After 5 years from a £500 TV, I wouldn't expect to get much back in the way of a refund (if that is what they opt to do if the report is in your favour).0 -
After 6 months the burden is on you to prove that it was inherently faulty, as apposed to damage caused by wear and tear etc.
Upon proving this, you'll be entitled to reimbursement of the fault report plus a repair, replacement or PARTIAL refund. You are more likely to get a PARTIAL refund. If you can't show an inherent fault on the report then you're entitled to nothing (and will lose the report money).
I used to work for a retailer who followed SOGA and their normal rate was -20% for the first year plus -10% for each additional year. So you'd be looking at knocking off 60% from the initial purchase price (maybe more).
In terms of equity, you have to be fairly confident that your fault report will state that it is inherently faulty. This confidence level will vary depending on how much the report costs.0 -
No you are not going to get a report for nothing. After 5 years the chances of the report going in your favour are slim. Even if it did and the retailer accepted it they would still not fix it, they would take the easy way out and give you a partial refund. After 5 years you would be lucky to get 15%.
You do not have a 6 year guarantee, it's very misleading and not even the slightest bit correct.0 -
I'd have a read of the sales of good act, it might go some way to correct what you have posted.0
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How much are you willing to pay for a report that will almost certainly use the words "wear and tear"? The fault has to have been present on the day you bought it, five years of working life is not going to go in your favour. Richer sounds are right and you will likely waste both your time and moneyThis is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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