Faulty 3 Year old TV

neilmcl

treasach wrote: »

Sorry could I have a bit of advice on my next response please, her reply is

"After the first six months the burden is on the customer to prove that the product was faulty at the time of delivery and it needs to be with a registered approved repair agent."

Tell them that whilst you agree then onus is on you to prove the fault is inherent there is no such stipulation in the legislation that states this has to be done via a "registered approved repair agent", an independent expert is quite enough and the only one who can decide whether your independent engineer's report is from a credible "expert" would be a judge.

Again, if they are disputing the validity of your report then they can go ahead and commission their own report, at their own cost, with whom ever they so wish.

treasach

God bless you!!

ok see what she comes back with next, it's just going backwards and forwards with no real end in sight so I've just said please respond to the LBA in writing instead of email, so I can escalate the matter instead of them just wasting time

waamo

If you've sent an LBA presumably you've given them a deadline to come to a satisfactory conclusion. If that is the case then stick to it. There is no point playing email tennis forever and a day.

I'm also not sure why you've insisted they use post to answer and not email. Courts are more than happy with emails as a letter trail.

treasach

waamo wrote: »

I'm also not sure why you've insisted they use post to answer and not email. Courts are more than happy with emails as a letter trail.

It was more to shut her up, every time I sent an email saying just respond to my LBA when you receive it, she sent an instant response in 0.3 seconds back with another excuse, its like the Austin powers shush scene but over email and she's doing my head in

waamo

I suspect it's a tactic to bog you down and lose sight of deadlines.

neilmcl

At the end of the day they can either accept your "proof" of the fault and act accordingly or not. If they don't then the next step is to follow it up with a small claim.

treasach

So they are paying for a Samsung Engineer to come and see the TV so we shall see what his report states!

treasach

Hi Guys, hopefully last bit of advice I need, so basically they didn't respond to my letter before action so I am going to instruct the small claims court.

Do I need to send a specific letter to crampton and moore advising what I am about to do? Should I list the failures of Crampton and moore in the lettter???

Thanks
Si

wealdroam

treasach wrote: »

Hi Guys, hopefully last bit of advice I need, so basically they didn't respond to my letter before action so I am going to instruct the small claims court.

Do I need to send a specific letter to crampton and moore advising what I am about to do? Should I list the failures of Crampton and moore in the lettter???

Thanks
Si

Presumably your LBA included something like:

"if you don't [do the right thing] within 14 days, I reserve the right to start court action without further notice".

Have a read of MSE's Small Claims Court guide and then on to MCOL.

treasach

Sure did, I'll just set about the claim then, thanks for you help
"If I do not receive a satisfactory response from you within 30 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs"