Tesco Technika faulty TV - worth an engineer's report?

I have a Technika 32" TV from Tesco which developed a fault in October last year, just after it turned 4 years old. I know I've let time slip about this, but according to the CAB/Trading Standards, I still have time to get this sorted up until 6 years.

I put this to Tesco when it happened, and tried to argue the toss since, and they just said no.

The CAB think that if I get an engineer's report (which a local guy will do for £40) and send that off to Tesco, then they have no option but to replace it.

I can't find a Factory Reset option, although it looks more like the screen has gone rather than anything else I can do.

In June, I told them (in a DM Twitter exchange:
"Dear Tesco, I have just reported this faulty Technika TV to Citizens Advance (ref. 13688001), and spoke to a lady called (name), who will pass the report onto Trading Standards, and she confirmed to me that as the TV is less than six years old, and that I am complaining to you that this TV is not of satisfactory quality, you must offer to me either a repair, replacement or a full refund.

Doing anything else, including doing nothing - which is all you have done so far, is not an option."

Tesco: "Hi Dominic, thanks for contacting us to advise that you have reported the issue to Citizens Advice.

As you have reported the issue to them and they will subsequently be passing it on to Trading Standards, we will no longer be able to correspond with you about this issue. We will deal directly with Trading Standards should they feel that we have breached the Sales of Goods Act. Thanks - (agent's name)"

Me: "(their name), your assessment of the situation is wrong. You can indeed correspond with me on this issue. Tesco does not get out of it that easily. I am acting on the instruction of Citizens Advice.

Regardless of any further action Trading Standards may or may not take, they have confirmed to me that based on what is laid out in the Sale and Supply of Goods Act, Tesco is legally bound to take action as I have set out in my previous message. Please refer this higher up the line."

And so on it went, going back and forth until once again they dug their heels in:
"Evening Dominic, sorry for the delay in getting back to you. I appreciate you have spoken to Citizens Advice, however, our position on your TV has not changed. We work very closely with Trading Standards to ensure all of our processes are in line with the Sales of Goods Act and are more than happy to work with them, should they feel the need to follow this complaint up with us.

We are not able to offer you anything for your TV as I explained in my letter. I'm really sorry for the disappointment this has caused. If you have anything else you'd like me to look into then please feel free to get in touch. Kind regards, (team leader)"

I can't seem to be able to upload a picture of it on here, but you can see it here. Am I just wasting time pursuing this, please?

http://domrobinson.co.uk/dvd-fever/wp-content/uploads/2016/11/technika-32-inch-tesco-tv.jpg

Thanks for any assistance.
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Comments

  • globalds
    globalds Posts: 9,431 Forumite
    It is nearly Christmas
    Go buy yourself a new Telly.
  • How much did the tv cost?

    You're not going to get a full refund after four years.
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    DomSez wrote: »
    I have a Technika 32" TV from Tesco which developed a fault in October last year, just after it turned 4 years old. I know I've let time slip about this, but according to the CAB/Trading Standards, I still have time to get this sorted up until 6 years.

    I put this to Tesco when it happened, and tried to argue the toss since, and they just said no.

    The CAB think that if I get an engineer's report (which a local guy will do for £40) and send that off to Tesco, then they have no option but to replace it.

    I can't find a Factory Reset option, although it looks more like the screen has gone rather than anything else I can do.

    In June, I told them (in a DM Twitter exchange:
    "Dear Tesco, I have just reported this faulty Technika TV to Citizens Advance (ref. 13688001), and spoke to a lady called (name), who will pass the report onto Trading Standards, and she confirmed to me that as the TV is less than six years old, and that I am complaining to you that this TV is not of satisfactory quality, you must offer to me either a repair, replacement or a full refund.

    Doing anything else, including doing nothing - which is all you have done so far, is not an option."

    Tesco: "Hi Dominic, thanks for contacting us to advise that you have reported the issue to Citizens Advice.

    As you have reported the issue to them and they will subsequently be passing it on to Trading Standards, we will no longer be able to correspond with you about this issue. We will deal directly with Trading Standards should they feel that we have breached the Sales of Goods Act. Thanks - (agent's name)"

    Me: "(their name), your assessment of the situation is wrong. You can indeed correspond with me on this issue. Tesco does not get out of it that easily. I am acting on the instruction of Citizens Advice.

    Regardless of any further action Trading Standards may or may not take, they have confirmed to me that based on what is laid out in the Sale and Supply of Goods Act, Tesco is legally bound to take action as I have set out in my previous message. Please refer this higher up the line."

    And so on it went, going back and forth until once again they dug their heels in:
    "Evening Dominic, sorry for the delay in getting back to you. I appreciate you have spoken to Citizens Advice, however, our position on your TV has not changed. We work very closely with Trading Standards to ensure all of our processes are in line with the Sales of Goods Act and are more than happy to work with them, should they feel the need to follow this complaint up with us.

    We are not able to offer you anything for your TV as I explained in my letter. I'm really sorry for the disappointment this has caused. If you have anything else you'd like me to look into then please feel free to get in touch. Kind regards, (team leader)"

    I can't seem to be able to upload a picture of it on here, but you can see it here. Am I just wasting time pursuing this, please?

    http://domrobinson.co.uk/dvd-fever/wp-content/uploads/2016/11/technika-32-inch-tesco-tv.jpg

    Thanks for any assistance.

    If you get a report make sure that you state in writing that they need to provide their opinion on the likely cause of the problem (e.g. physical damage or wear and tear etc) and not just diagnose what is wrong with it.

    To have any chance of winning, if it ends up in court, you need to show that the tv was, more likely than not, inherently faulty for example it was insufficiently durable given its price etc.

    If the tv's fault was inherent then Tesco can offer, at their choice, either a replacement (which can be a used, working unit), a repair or a partial refund. The refund can be reduced to reflect the usage you have had. So if a tv of the quality you bought should last 6 years then you might get a 1/6th of the purchase price back (as you had it 5 years already).

    Also doing nothing is an option for Tesco. They could dispute the fault was inherent. Only if you take them to court and win can you force them to do anything. (And even then you might need to take additional steps to force payment, although I suspect Tesco would pay up without too much fuss if you win.)
  • You've gone in all guns blazing spouting incorrect information.

    As the TV is over 6 months old, the onus is on YOU to prove the TV is inherently faulty.

    Until you have an engineers report highlighting the TV has failed due to an inherent fault, Tesco correctly don't have to do anything.

    Even if you do get a report that states that fault is an inherent one, Tesco could quite easily refund and deduct a percentage for the 4 years use you've had from the TV.
  • DomSez
    DomSez Posts: 73 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks for the replies - except the one to buy a new TV because it's Xmas ;)
    How much did the tv cost?

    You're not going to get a full refund after four years.

    £199, so certainly not worth court action.
    You've gone in all guns blazing spouting incorrect information.

    As the TV is over 6 months old, the onus is on YOU to prove the TV is inherently faulty.

    Until you have an engineers report highlighting the TV has failed due to an inherent fault, Tesco correctly don't have to do anything.

    Even if you do get a report that states that fault is an inherent one, Tesco could quite easily refund and deduct a percentage for the 4 years use you've had from the TV.

    Well, I'm only going off what CAB said, re: "spouting incorrect information"

    I found a place that would do a report for £40, so it sounds like even if he marked it as inherent, then the most I'd get is about £33. :(

    Ironically, while Tesco played hardball over that, when I recently ordered an Xbox One S for delivery, they cocked it up twice - once via Yodel, who just disappeared into thin air with it, and the second time when DPD were meant to deliver it, but on the day, I got an email saying they hadn't received the package from Tesco!

    Without quibble, they part-compensated me for £25 and then £20, so I guess I've got more out of that.
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  • I would say forget about it for a couple of reasons.

    The main one is that although you have known about the fault for a year, you may have continued to use the TV, something that may well have done more damage and this is not the fault of Tesco.

    The SOGA allows you to attempt a claim for up to 6 years from purchase (if in England). This doesn't mean that all goods must last this length of time.
    The durability of goods sold to consumer can depend on many aspects, one of which being the price paid.
    Technika are a budget brand and their estimated life should be expected to be less than a premium brand television.
    https://web.archive.org/web/20131230003243/http://www.tesco.com/direct/technika-32-56-32-inch-hd-ready-720p-lcd-tv-with-freeview/210-7084.prd

    https://web.archive.org/web/20131221011639/http://www.tesco.com/direct/technika-32-270-32-inch-full-hd-1080p-lcd-tv-with-freeview/209-3494.prd

    I've just had a quick look on Google and I couldn't find any advert from 5 years ago but those from 3 years show that the set would have been very cheap compared to better quality ones.
    A partial refund if given will probably be at most, 20% of this and maybe even less.
  • DomSez wrote: »

    Well, I'm only going off what CAB said, re: "spouting incorrect information"

    I found a place that would do a report for £40, so it sounds like even if he marked it as inherent, then the most I'd get is about £33. :(

    CAB told you to get an engineers report, which is correct.

    You then went to Tesco on twitter and started spouting:-
    In June, I told them (in a DM Twitter exchange:
    "Dear Tesco, I have just reported this faulty Technika TV to Citizens Advance (ref. 13688001), and spoke to a lady called (name), who will pass the report onto Trading Standards, and she confirmed to me that as the TV is less than six years old, and that I am complaining to you that this TV is not of satisfactory quality, you must offer to me either a repair, replacement or a full refund.

    Doing anything else, including doing nothing - which is all you have done so far, is not an option."

    Which is not what CAB told you, and is grossly incorrect.

    Doing nothing is an option......until you present Tesco with an engineers report stating the fault is inherent.
  • So are going to stress yourself out over £33?

    Just but a new tv.
  • DomSez
    DomSez Posts: 73 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I would say forget about it for a couple of reasons.

    The main one is that although you have known about the fault for a year, you may have continued to use the TV, something that may well have done more damage and this is not the fault of Tesco.

    The SOGA allows you to attempt a claim for up to 6 years from purchase (if in England). This doesn't mean that all goods must last this length of time.
    The durability of goods sold to consumer can depend on many aspects, one of which being the price paid.
    Technika are a budget brand and their estimated life should be expected to be less than a premium brand television.
    https://web.archive.org/web/20131230003243/http://www.tesco.com/direct/technika-32-56-32-inch-hd-ready-720p-lcd-tv-with-freeview/210-7084.prd

    I've just had a quick look on Google and I couldn't find any advert from 5 years ago but those from 3 years show that the set would have been very cheap compared to better quality ones.
    A partial refund if given will probably be at most, 20% of this and maybe even less.

    Fair point on all those points, and the first of those TVs is closest to it, as it's not full HD.
    CAB told you to get an engineers report, which is correct.

    You then went to Tesco on twitter and started spouting:-

    Which is not what CAB told you, and is grossly incorrect.

    Doing nothing is an option......until you present Tesco with an engineers report stating the fault is inherent.

    Well, I was hoping I could circumvent things. Hey ho.

    In addition, I've had a 22" Technika in the kitchen, which I'm sure I've had almost the same time and that still works a treat. So I guess they're not all junk, if I ended up buying another.
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  • DomSez
    DomSez Posts: 73 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    So are going to stress yourself out over £33?

    Well, I've only learned of that today. And it's certainly not worth it if I have to spend £40 to get to that point.
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