Warranty from Auction

alestorm

HI there,
I'm wondering if someone can help me, I literally don't know what to do next.

I bought a TV from an auction hose (actual auction house with live online bidding rather than eBay). The TV I bought explicitly stated that it comes with a 12 month warranty.

I collected the TV, set up, and it has quite bad banding. Contacted the auction site who said fine, return TV. Did so, they said manufacturer would be in touch with replacement. That was in December. I've contacted auction house via email around 10 -15 times to find out what's going on. After first 5 times I got a one liner saying 'we are finding out about your TV'. That in itself was a month ago but no reply since despite my regular correspondence. As it's now over 2 months since I returned the TV I contacted the auction house to request a refund as no info is forthcoming. I've sent 3 or 4 emails to that effect over the last weeks, with the last to the effect if I don't hear anything within 3 days I'll have to take it further. As expected, no response.

So, the situation is they have my money, I have no TV, and I have no information on a replacement. I've requested a refund to no avail, and unfortunately the only option is to take it further to try and get my money back. Only problem is, I've no idea what my options are. Obviously with it being an auction it's slightly different to a usual purchase I assume, but as I've mentioned, the item specifically stated it had a warranty, so clearly I have recourse if the item didn't work fully, as was the case.

Any advice would be massively appreciated.

bris

You rights depend on the description, in this case it is warrantied so you have the right to get it fixed or exchanged. They have your TV so there is no doubt you are entitled to either a new TV or a refund.


You may have to resort to a money claim to get it though, so keep pestering them.

alestorm

Thanks bris, appreciate the response. Yeah I'm pretty confident of where I am legally (in that they either owe me a new TV or money back!), but in real terms I just don't know what to do next. I'd rather settle it amicably of course, but given I just can't get any response out of them I fear I might have to resort to some kind of official / legal challenge. I just don't know what that is, for example is it getting in touch with a regulator, or is it getting a solicitor to fire off a letter, for example. Apologies for the obvious question, but what is a money claim and what does it look like? edit: Ah I see, it's a GOV backed thing, it looks like it's the next step

neilmcl

Instead of firing off emails have you thought about actually phoning them?

alestorm

Hi Neil,
Yes, thanks I have. But given I know the company do respond and are active on their email address and social media regularly (I get sales emails form them at least once a week), that I don't speak that well on the phone and that I want to have a record of my correspondence I'm simply more comfortable sending an email. I don't think it's that unreasonable to expect a company to respond, do you?

wealdroam

alestorm wrote: »

Apologies for the obvious question, but what is a money claim and what does it look like? edit: Ah I see, it's a GOV backed thing, it looks like it's the next step

Government backed - you could say that - it's court.

Read MSE's Small Claims Court guide.

What was the purchase price and how did you pay for this tv?

alestorm

Yeah, I didn't know how to phrase that! Just been looking up and reading through, thank you. It's exactly the kind of thing I'm after. It's just under £600, I know it's not a kings ransom but it's enough to be missed. I paid for it by transferring money into the account. I'd really, really rather not have to do it, but it's good to know my next options if I need them. Hopefully just mentioning that I'm willing to elevate will be enough to free the wheels

Poppie68

neilmcl wrote: »

Instead of firing off emails have you thought about actually phoning them?

Or actually going down there? It's harder to ignore someone that's stood in front of you.

neilmcl

alestorm wrote: »

Hi Neil,
Yes, thanks I have. But given I know the company do respond and are active on their email address and social media regularly (I get sales emails form them at least once a week), that I don't speak that well on the phone and that I want to have a record of my correspondence I'm simply more comfortable sending an email. I don't think it's that unreasonable to expect a company to respond, do you?

Only if you're sure they're actually receiving and reading them.

[Deleted User]

neilmcl wrote: »

Only if you're sure they're actually receiving and reading them.

Yeah sales E-Mails can be (and usually are ) completely automated. Hopefully the OP's messages are not going to an address which no one monitors.

alestorm

Hi there,
Yes, good point, and the automatically generated ad content is form a different address, but I've had replies off them in the past from the email I'm using, (when arranging to pay they were remarkably quick to respond from this address!), and their website actually specifically directs people to use this email address rather than call them. When I have tried to call them there is no answer. It's a couple of hours away and only only open during business hours unfortunately, so I'd need to take a day off work. Obviously as a last resort that's fine, but I'd rather not.