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TV broke within 1 year's manufacturer guarantee - they refused to fix it

holygamer
holygamer Posts: 11 Forumite
edited 27 August 2017 at 6:34PM in Consumer rights
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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Read MSE's Consumer Rights guide.

    Here's a short extract:
    Know who's responsible

    When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

    If a company fobs you off by saying "go to the maker instead", it's wrong. It's the retailer's job to sort it.

    It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.
  • holygamer wrote: »
    My Samsung TV has a glitched display as you can see in the picture below. However there's no physical damage to the screen as you can see by the 2nd picture. I contacted Samsung to claim on the 1 year's manufacturer guarantee but they refused to fix or replace it. They said that I must have dropped it to cause that problem in the picture. I did NOT. I just turned it on one day and it was glitched.

    Are they legally required to fix or replace the TV?

    TV Glitched: i.imgur.com/hi3ZwBp.jpg
    TV turned off: i.imgur.com/1BmfBJp.jpg

    Could have fallen forward on the duvet and damaged one of the internal parts.
  • holygamer
    holygamer Posts: 11 Forumite
    edited 27 August 2017 at 3:22AM
    Thanks Keith. Already read that guide and I'm unable to return it to the retailer for reasons I won't get into. I can only claim on the 1 year manufacturer's guarantee.

    The TV has never been damaged yet the manufacturer seems to think I did damage it just by them looking at the picture of the glitched display. They are refusing to replace or repair it. Can they legally do that?
  • Whilst I'm not an expert on such things, it does unfortunately look exactly like the screen on my colleagues laptop when she managed to close it with a paper clip inside and it damaged the screen. You couldn't see any visible damage but it was enough to irretrievably destroy the screen and it looked exactly like that, hence why I suspect Samsung are refusing to repair. Could anything have knocked against the screen?

    Also, I think your first port of call should be with the retailer rather than Samsung as you have no contract with Samsung (unless Samsung was the retailer)
    Northern Ireland club member No 382 :j
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    That is physical damage. The bit in the middle that has an almost spider web design radiating out from it is the point of impact. There is no other way to cause that pattern of damage in that position on the TV. It's nothing like a thermal crack which could have happened if the TV was getting too hot and it's nowhere near the frame for an internal screw done too tight to cause it.

    Either someone in your house is lying about it happening or maybe you have a dog who plays with a ball? I've seen it happen from a dogs tennis ball bouncing against a screen. Or maybe someone has brushed passed it and done it without realising (maybe a handbag knocked it without noticing).

    Either way Samsung are correct that it is physical damage, there is no other way that that pattern can happen and neither them nor the retailer owe you anything. I'd suggest an insurance claim.

    OH did the same to our TV a few years ago, slipped from a ladder while doing DIY next to the wall mounted TV and when he put his hand out to stop himself he caught the screen. We were lucky our contents insurance only had an excess of £50 and premiums only went up by £10 for the whole year the next year.
  • roddydogs
    roddydogs Posts: 7,479 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Links not working!
  • caronoel
    caronoel Posts: 908 Forumite
    I've been Money Tipped!
    roddydogs wrote: »
    Links not working!


    They work fine
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    roddydogs wrote: »
    Links not working!

    Make sure you add the i. In front of imgur when I copied and pasted it wouldn't add the i for some reason
  • SouthUKMan
    SouthUKMan Posts: 383 Forumite
    The screen does appear to have physical damage and Samsung will never cover that.

    Either claim on your household insurance or put it down to a bad experience and write it off. With a broken screen, it will not be cost effective to repair.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    I think I might have found why the OP doesn't want to pursue the seller for a remedy:
    holygamer wrote: »
    In 1 transaction I bought a TV and a motherboard. The motherboard was faulty and I tried to return it but the retailer wouldn't accept the return saying that I caused the damage. I did a successful chargeback with my Mastercard credit card. They actually refunded me the money for the motherboard AND the TV even though I never asked them to refund the money for the TV.

    The retailer has sent me a letter asking me to return BOTH items to avoid legal action!

    Can they actually legally do anything against me? The motherboard was faulty so I got a chargeback for that. Didn't ask for a chargeback for the TV but I got it anyway. I went through a lot of hassle to try and return the motherboard before doing the chargeback so I consider the TV refund to be compensation!
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