Sky/NOW TV blatantly breaching our statutory rights

warrenrichards

Dear all

Sky (trading as NOW TV) sold me a viewing box 13 months ago, which has broken completely today.

NOW TV deny they are associated with Sky - but there terms and conditions say they are a trading name of Sky.

Furthermore, he claims that I've agreed a 12 months warranty which supersedes my Sale of Goods / Consumer Rights Act rights.

See UNBELIEVABLE chat below:

Sajid: Warren, your Box seems to be out of warranty as it's been over a year now.
Me: Come on, I pay each month for your service and the Sales of Goods Act says things must last a reasonable time which could be up to 5 years.
Sajid: i understand your concern, if the Box would have been under warranty I would have replaced it right away.
Me: So what can you do?
Sajid: Warren, the only option you have is to buy a new NOW TV Box for £14.99.
Me: Absolutely no way. I don't want to claim under the manufacturers warranty I want to claim from you as a retailer through my statutory rights.
Me: My statutory rights under the Sale of Goods Act are in addition to any warranty.
Sajid: Warren, if it was possible I would have done that already.
Me: It is possible as it is an implied term of our contract. I could refer to Ombudsman services or Trading Standards.
Sajid: The terns and conditions you accepted at the start of service states for 1 year of warranty.
Me: You're now breaching my statutory rights - thats why a warranty always says 'this does not effect your statutory rights'
Me: You can't exclude the implied terms of the sales of goods act - they supersede any warranty.
Me: See here: Implied terms about quality or fitness

Section 14 provides:

(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A)... goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all other relevant circumstances.

(2B)... the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods

(a) fitness for the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.
Sajid: Warren, believe me I cannot do much in this scenario.
Me: So, should do you agree that we can refer to Trading Standards or Ombudsman Communications?
Me: Ignore should*
Me: You are Sky plc trading as Now TV aren't you?
Sajid: No, Sky and NOW TV are a totally different services.
Sajid: I haven’t heard back from you, if you still need help please let me know otherwise I'll have to end our chat.
Me: Just confirm that you can't assist with my compliant and theres nothing further I can do
Me: As your a subsidiary of sky plc I can refer to ombudsman communications
Me: In fact you are sky: your terms and conditions say so: NOW TV is a trading name of British Sky Broadcasting Limited
Me: So I can ask for a Deadlock letter as you subscribe to Ombudsman Communications - can I have one please?
Sajid: In order to rectify this error you'll have to get a new NOW TV Box as there is an technical issue with the Box.
Me: You'll replace free of charge?
Sajid: As your Box is out of warranty you'll have to get a new Box.
Me: Just to confirm, you won't replace it/give me a new one?
Sajid: Unfortunately Warren, I cannot replace your Box.
Me: Ok, can you give me confirmation that we are at 'deadlock' and there is nothing further I can do - so I may refer to Ombudsman Services?
Sajid: What kind of confirmation are you referring to?
Me: So, as Sky subscribed to the Ombudsman service - which decides disputes on telecommunication providers amongst other things - the guidelines say that you have to confirm that you cannot escalate my complaint any further and we are at 'deadlock' and then the Ombudsman will resolve the complaint?
Sajid: I am not saying that we do not have a resolution we do have and the resolution says that you'll have to purchase a new NOW TV Box as the Box you are currently using has got some technical problem.
Me: Well I don't agree with that - so thats not a resolution and therefore the Ombudsman will decide whether you should replace under the Sales of Goods Act?
Sajid: Okay,
Sajid: NOW TV Box comes with 1 year warranty only.
Me: Ok, thats is in our contract.. that is a manufacturers warranty
Me: As you sold me the goods, you have obligations under the Sale of Goods Act as a retailer.. this is completely separate to the warranty
Sajid: I am afraid but ti get this issue fixed you'll have to purchase a new Box.
Me: OK. I'm letting you know that I've raised a complaint. if you don't resolve within eight weeks of today Ill refer Sky to the Communications Ombudsman and they will decide - and Ill post this chat on the forum also.
Sajid: I understand that Warren.

FYI - I bought the box directly from Sky.

How does Sky get away with it??

bubblegun

What is exactly is it your annoyed about? They've recorded your complaint and you (should) have a reference number. They have up to 8 weeks to respond with a resolution offer. You can refuse the offer and they might offer something better but ultimately it may go to the obmudsman and they might find against Sky but they also might find against you..

brewerdave

@warrenrichards - Did you actually purchase the NOWTV box from Sky direct?
Presumably if you bought from the likes of Currys,Argos etc - the claim for fitness of purpose would be against them as the retailer ??

HappyMJ

It's £14.99.

Some fights are worth fighting over.

This is a £14.99 box. This isn't.

Just get a new one and spend your time on something else more productive.

I would not have expected a NOW TV box to last for 5 years. The SOGA is based on a reasonable person expectations. Maybe I'm not a reasonable person but in my opinion a £14.99 box should last a minimum of one year.

The new NOW TV box launched in August 2015 after your box was sold to you is significantly better than the white box that you have. It's well worth upgrading to that box. Yes you only had your box one year but technology moves fast these days.

bod1467

Some battles are worth fighting ... this one isn't.

And as said above ... unless you purchased the box direct from NOW TV or Sky then you have NO consumer rights whatsoever with them.

Tiddlywinks

It's £14.99...

The time and effort involved in your web chat alone has exceeded the resources I would expend on this 'fight'.

I mean, you've had 13 months use from this box - that's just over a £1 a month... let's get some perspective here.

You seem to want to make a point - well, bullying an overseas call centre handler isn't the way to do this. Write to the registered office and formally state your case and ask for a complaint to be escalated.

The handlers on web chat have no latitude whatsoever - they have a script to follow... you've just made yourself look ridiculous in that transcript; in my opinion.

So, are you doing without Sky in the interim? All for £14.99?

Forwandert

These boxes are regularly advertised on HUKD for around £10 with 2 months movie pass or 3 months entertainment pass, the one last week was free delivery too. At those prices the boxes are essentially free.

Browntoa

Agree , got a new box with 3 months entertainment package for £8.50 delivered. So essentially a free box and almost 2 months free viewing

BrentMeister

The advisor seems completely correct in what he is saying.

Im going on the presumption that you didn't purchase the box direct from the manufacturer and got it from somewhere such as Argos/Currys etc.

In that situation, your SOGA rights are with the retailer, not the manufacturer.

The manufacturer offers a 12 month warranty, you are outside that warranty, so they have done nothing wrong there.

Me: You are Sky plc trading as Now TV aren't you?
Sajid: No, Sky and NOW TV are a totally different services.

Sky is not now trading as Now TV. They are different branches of the same organisation. Just like Currys, PC World, Carphonewarehouse and Dixons - All different shops, but have the same parent company. So he has not lied to you there.

Your rights are to contact the retailer you purchased the box from. However as its over 6 months old, they can legally insist on an independent report stating that it is inherently faulty. If it is, then you will get a refund of the report and also a remedy of either repair, refund or replacement. A refund could take into account the amount of use you have had of the box (and any vouchers it came with) and be deducted from the original cost. So even if you did purchase it direct from NowTV, then you would still have to prove it was inherently faulty.

If you're going to kick up a stink, make sure you have your facts right.

neilmcl

A year old, used Now TV box is worth what, a fiver? You've made your complaint, I'd move on now.

bris

Battles are only worth fighting when you know you are right and can win. In this case your understanding of the SOGA is wrong, you need to prove the box is inherently faulty.


Thinking you have a 5 year guarantee through your consumer rights is just completely wrong and you are even talking to the wrong people to claim those rights even if you did prove an inherent fault.


Your starting point is the retailer you bought it from, but know your rights before you have the same conversation.