50% partial refund on a Unrepairable £950 TV after just 25 months.

gazab

I recently had a 60 inch Samsung plasma TV returned to Currys/KnowHow. It was 1 month over two years old and I claimed under the sale of goods act. I was told the TV was beyond economical repair? So they offered me just £457 partial refund. The TV cost £949.

Can they really do this? I was amassed that they do it & how little the offer was. Is this really correct? All the advice about Don’t take out extended warranty because your covered for 5 years under the Sale of Goods Act. They don’t mention things like this can happen.

If future I will be buying from John Lewis (or equivalent). You get a free 5-year guarantee and I just checked, they will replace it with a new/equal one if unrepairable. (and they will price match Currys). I wish I knew about this 2 years ago.

Can they really get away with offering around 50% partial refund after just 25 months??
I've written to them to complain but I don’t hold out much hope.

neilmcl

They can legitimately offer a partial refund to take into account the usage you've already had. If you think 50% is too low, and after 2 years I tend to agree, then negotiate for a better offer.

If you been reading advice that stated that the SOGA is equivalent to a 5 year warranty then can I suggest you've either misunderstood or simply getting the wrong advice. The SOGA, as it was, simply allows you to seek a remedy up to 6 years from receiving your goods, it is not a 6 year warranty for such goods.

naedanger

neilmcl wrote: »

They can legitimately offer a partial refund to take into account the usage you've already had. If you think 50% is too low, and after 2 years I tend to agree, then negotiate for a better offer.

If you been reading advice that stated that the SOGA is equivalent to a 5 year warranty then can I suggest you've either misunderstood or simply getting the wrong advice. The SOGA, as it was, simply allows you to seek a remedy up to 6 years from receiving your goods, it is not a 6 year warranty for such goods.

To the op:

I agree with the above, and I hope you are able to negotiate an increased offer.

However if they are not willing to increase their offer then I believe that if you want to force them to pay more you would need to:
(a) take them to court, and
(b) prove on the balance of probability that the tv was not of satisfactory quality when you bought it (e.g. it was not sufficiently durable when you bought it), and
(c) convince the court the partial refund should be more than 50%.

wealdroam

You tell us you paid £949 for a 60" plasma tv two years ago.

Remember, no-one makes plasma televisions now, so I wonder what the value of a two year old one is?

As mentioned above, you need to negotiate.

naedanger

wealdroam wrote: »

Remember, no-one makes plasma televisions now, so I wonder what the value of a two year old one is?

How does the current value of the tv come into the calculation?

If the value was less than the original price, reduced for the customer's usage, then the retailer could I suppose source a 2 year old replacement (of similar, but working, condition) and provide that instead of a cash offer. But would they be entitled to offer the lower cash value?

And what if the current value was actually higher than the original price reduced by the customer's usage? Would the customer be entitled to this higher value?

The-Truth

naedanger wrote: »

And what if the current value was actually higher than the original price reduced by the customer's usage? Would the customer be entitled to this higher value?

They bought a TV no one makes anymore because they're known for not lasting not because it's a collectors antique!

System

The-Truth wrote: »

They bought a TV no one makes anymore because they're known for not lasting not because it's a collectors antique!

In which case the offer seems fair.as a plasma TV probably wouldn't last more than 4 years anyway.

roddydogs

!!!!!! wrote: »

In which case the offer seems fair.as a plasma TV probably wouldn't last more than 4 years anyway.

Please explain why?

MataNui

Plasmas never had a particularly long life. They use loads of energy and run as hot as a small heater. When electronic components run hot they never last long. 50% seems a little low for 2 years though.

The first stage in negotiating would be to ask them to put in writing what they would expect to be the lifespan of a thousand pound plasma TV. I bet they wouldnt dare put 4 years in writing (which is what they are basically trying to tell you). I would be looking at between 6 to 8 years as an average.

bod1467

But remember that depreciation of consumer electronic goods (in fact, most goods) is non-linear. IMHO I wouldn't expect to get more than about 60% back after just over two years on a plasma TV.

neilmcl

!!!!!! wrote: »

In which case the offer seems fair.as a plasma TV probably wouldn't last more than 4 years anyway.

What a complete load of tosh.