Issue with TV that I was sold, don't know where I stand?

mousemart

Hello,
To be brief I bought a television from a high store retailer, it was ex-display and marked down, I asked questions and looked over the TV before I purchased it. Here are the main questions and reply's as well as what I later found out to be true.

Q: Is there anything wrong with the TV
A: No, nothing at all, we just don't have the stand.

Later found: Scratches, dents, mis-treated.

Q: How old is the TV
A: Last years model

Later found: The TV is a 2015 model.

Q: How much has the TV been discounted?
A: It was XXX amount.

Later found: The TV wasn't worth as much as the salesman said.

I paid for the TV and asked if it was OK for me to pick it up later in the week, which was no problem. I went away and bought a wall-mount , and I had to get someone in to reinforce the wall in order to take the weight of the TV (the wall was plasterboard)

Anyway I picked up the TV, the stock man loaded it up and I was away, this is where the problem starts. There was a piece of paper stuck to the back of the TV saying I should contact a certain person in the store, I went back and was told that a big scratch was on the screen. I looked over the screen before I purchased the TV and didn't notice anything so I am inclined to think this happened in the store room as there are other dents/scratches in the frame of the TV now.

Where do I stand? I know I can return the TV for a refund, which would still leave me out of pocket for the wall mount and works to said wall. The information I was given was wrong at the time of purchase I would not have bought the TV if I was given the full information from the sales team.

I feel like that I've been lied to, just so someone gets a sale. Is it legal to not give the full story or withhold information when asked about an item?

Any suggestions?

lewishardwick

The store is not responsible for your additional works. You could have waited until you had the TV in your possession before installing a bracket.

Take back to the store, ask for manager. Explain the situation politely and ask if there is anything they can do. Perhaps discount another model. Don't kick off, they owe you nothing more than a full refund...

mousemart

lewishardwick wrote: »

The store is not responsible for your additional works. You could have waited until you had the TV in your possession before installing a bracket.

Take back to the store, ask for manager. Explain the situation politely and ask if there is anything they can do. Perhaps discount another model. Don't kick off, they owe you nothing more than a full refund...

But surely the store is responsible for mis-selling? I mean if I bought a second hand car and the salesman said it has 50k on the clock, but I later found out that it had been clocked from 100k a law has been broken?

If then in the meantime the I had put new tires on said vehicle , the car place is responsible for any cost or works done to the vehicle and you would probably win in small claims a refund for my car and any works.

Same difference really?

mousemart

lewishardwick wrote: »

The store is not responsible for your additional works. You could have waited until you had the TV in your possession before installing a bracket.

And just to counter on what you've said, if I had of taken the TV away when I purchased it would have just sat on the floor, not being used until works were completed to put it on the wall. It wouldn't change the situation we're in in the slightest.

Bit of a strange situation really.

Sarastro

But you wouldn't hold the car place responsible if you paint your garage...
You can put up as many wall brackets as you like; nothing to do with the retailer - your call entirely.

Forwandert

mousemart wrote: »

But surely the store is responsible for mis-selling? I mean if I bought a second hand car and the salesman said it has 50k on the clock, but I later found out that it had been clocked from 100k a law has been broken?

If then in the meantime the I had put new tires on said vehicle , the car place is responsible for any cost or works done to the vehicle and you would probably win in small claims a refund for my car and any works.

Same difference really?

No completely different, you've not repaired the tv or made any adjustments to it, so it takes your comparison to something completely different.

Its the same as purchasing the car as above then having to repair your driveway/ building a garage to park it there, then wanting them to cover the cost of that upon return.

mousemart

Normally I would agree with you, maybe that was a poor analogy, apart from the clocking reference (which is illegal) OFC. The TV was sold without a stand or mount, for all intents and purposes it is a needed item for any TV. They are not designed for anything else, if a warranty issue were to arise, then keeping a TV on the floor would make the warranty void.

The question was asked about what and if anything was needed for the TV. They gave me an answer and I acted on that answer, with the information provided for me, it seems unfair that they could wash their hands of any responsibility to that.

The more I think about it, the more I think that small claims would be the answer.

As for the mis-infomation, all that comes under 'Consumer Rights Act 2015' and ‘as described’ so no issues there I'm sure.

stuartJo1989

mousemart wrote: »

Q: Is there anything wrong with the TV
A: No, nothing at all, we just don't have the stand.

Later found: Scratches, dents, mis-treated.

Well, after reading the rest of your post I sort of feel that the damage was done somewhere between moving it to your vehicle and you contacting the company. So this seems to be something which was correct at the time of being said...

Q: How old is the TV
A: Last years model


Later found: The TV is a 2015 model.

Now, normally I'd be on your side here because you ideally need to know how long the TV has been used for as a display unit so you can have an idea on how long it will last. BUT the answer does not actually answer your question! It is perfectly possible for a 2015 model to be identical to a 2016 one, only seperated by date of manufacture. So I'm not 100% convinced that you have a solid case there.

Besides, 1 year difference is all but splitting hairs...

Q: How much has the TV been discounted?
A: It was XXX amount.

Later found: The TV wasn't worth as much as the salesman said.

I'm a bit skeptical with this one. How did you find out that the TV was never XXX amount? Did you check with a rival retailer? Did you check their online website and use google cache?

If you have evidence to suggest that the price was NEVER XXX then you have a case to report them to the ASA (advertising standards authority) maybe? Might turn into a "your word against theirs" situation though... but even so, all they'd have to do is pull out an old invoice for said TV at price XXX to refute you.

I paid for the TV and asked if it was OK for me to pick it up later in the week, which was no problem. I went away and bought a wall-mount , and I had to get someone in to reinforce the wall in order to take the weight of the TV (the wall was plasterboard)

Ah ok cool. That sort of work would be required had your TV not had any scratches etc, so it is effectively essential work for what you want to achieve.

Anyway I picked up the TV, the stock man loaded it up and I was away, this is where the problem starts. There was a piece of paper stuck to the back of the TV saying I should contact a certain person in the store, I went back and was told that a big scratch was on the screen. I looked over the screen before I purchased the TV and didn't notice anything so I am inclined to think this happened in the store room as there are other dents/scratches in the frame of the TV now.

Why didn't you check the item before leaving the store? Anyways, sounds like it could have been done by the stock man when loading it up (or by you).

Did you keep that piece of paper? Seems like it would make good evidence?

Where do I stand? I know I can return the TV for a refund, which would still leave me out of pocket for the wall mount and works to said wall.

Well, based on the above your first task is to call the "certain person in the store" and mention the letter. That *should* result in a resolution. If not, go down small claims route and use that note you have as evidence.

Errm, the wall-mount and the works to said wall would have been required for ANY TV of equal dimensions. Anyone would assume that you still fully intend to purchase a comparable TV, so the work would have been necessary at some point in time.

The information I was given was wrong at the time of purchase I would not have bought the TV if I was given the full information from the sales team.

I think you would have tbh. Aside from the physical damage, you seemed quite contempt in completing the purchase. Plus, it is a "your word against theirs" situation and, as advised previously, the commentary you've provided doesn't strictly suggest that they misled you!

I feel like that I've been lied to, just so someone gets a sale. Is it legal to not give the full story or withhold information when asked about an item?

Any suggestions?

I just don't think you asked them to clarify certain answers, or inspect the goods yourself prior to leaving the store. I don't strictly think they've lied to you.

mousemart

stuartJo1989 wrote: »

Well, after reading the rest of your post I sort of feel that the damage was done somewhere between moving it to your vehicle and you contacting the company. So this seems to be something which was correct at the time of being said...




Now, normally I'd be on your side here because you ideally need to know how long the TV has been used for as a display unit so you can have an idea on how long it will last. BUT the answer does not actually answer your question! It is perfectly possible for a 2015 model to be identical to a 2016 one, only seperated by date of manufacture. So I'm not 100% convinced that you have a solid case there.

Besides, 1 year difference is all but splitting hairs...



I'm a bit skeptical with this one. How did you find out that the TV was never XXX amount? Did you check with a rival retailer? Did you check their online website and use google cache?

If you have evidence to suggest that the price was NEVER XXX then you have a case to report them to the ASA (advertising standards authority) maybe? Might turn into a "your word against theirs" situation though... but even so, all they'd have to do is pull out an old invoice for said TV at price XXX to refute you.



Ah ok cool. That sort of work would be required had your TV not had any scratches etc, so it is effectively essential work for what you want to achieve.



Why didn't you check the item before leaving the store? Anyways, sounds like it could have been done by the stock man when loading it up (or by you).

Did you keep that piece of paper? Seems like it would make good evidence?



Well, based on the above your first task is to call the "certain person in the store" and mention the letter. That *should* result in a resolution. If not, go down small claims route and use that note you have as evidence.

Errm, the wall-mount and the works to said wall would have been required for ANY TV of equal dimensions. Anyone would assume that you still fully intend to purchase a comparable TV, so the work would have been necessary at some point in time.



I think you would have tbh. Aside from the physical damage, you seemed quite contempt in completing the purchase. Plus, it is a "your word against theirs" situation and, as advised previously, the commentary you've provided doesn't strictly suggest that they misled you!




I just don't think you asked them to clarify certain answers, or inspect the goods yourself prior to leaving the store. I don't strictly think they've lied to you.

Firstly when I went to pick up the TV they had wrapped in all in bubble wrap, am I suddenly going to remove all the protection to make another viewing of the TV? I know the price that they had the TV up for as I found a sticker on the screen and remote saying xxx amount.

I've looked online as to when the TV was released, and since it's an android TV it tells you in the menu anyway. in four weeks the TV would be three years old. I should not have to second guess a high street retailer about the information that they give me.

The damage could not have been caused by the stock-man as it was all bubble wrapped - with a tiny note on the TV asking for the stock-man to advise me to talk to staff before taking it home (which never happened - and I have the note to prove) I do however think there is a possibility the damage was caused in the stock room.

Why would works be necessary at some point in time if I had a table stand, it didn't. I've downloaded the manual which states it needs to be wall mounted or on a stand. Luckily I've followed the manufactures guidelines on that.

What physical damage? As already said the unit was sold to me with 'nothing wrong with it' I had a quick look and it looked too me as the sales guy was telling the truth. I paid my money and left just like any consumer.

What answers do I need clarifying? I've already asked the most pertinent, please do tell what else I could have asked to stop this situation from arising?

Besides all that, I've noticed a distinct note of I'm somehow to blame for all this? Insinuating I've damaged my own property, not asking the relevant questions, the list goes on. I pride myself in being quite fair and to the book, if I had damaged the TV myself I would simply claim on my insurance policy. Lord know's I pay enough for it and I'd even get this years model, no serious questions asked. I'm being fair, and I expect others to do the same.

Most of this comes under misleading actions from the consumer protection of unfair trading (regulation 5 i believe) If that's the case I can seek damages, though I am taking a crash course in all this!


I welcome any more info to all of this.

stuartJo1989

mousemart wrote: »

Firstly when I went to pick up the TV they had wrapped in all in bubble wrap, am I suddenly going to remove all the protection to make another viewing of the TV?

Well, it would be advisable for you to do so. But even if you don't it doesn't put you in the wrong at all!

I know the price that they had the TV up for as I found a sticker on the screen and remote saying xxx amount.

Could this not be the price for the display model itself?

I've looked online as to when the TV was released, and since it's an android TV it tells you in the menu anyway. in four weeks the TV would be three years old. I should not have to second guess a high street retailer about the information that they give me.

Well, with respect but I have to second guess you... "in four weeks" is still firmly 2017, so the TV is from 2014 and not 2015 as you advised earlier (it cannot be "three years old" if it is from 2015). So you've told a porkie right there.

The damage could not have been caused by the stock-man as it was all bubble wrapped - with a tiny note on the TV asking for the stock-man to advise me to talk to staff before taking it home (which never happened - and I have the note to prove) I do however think there is a possibility the damage was caused in the stock room.

Well presumably the stock-man works in the stock room?

All I'm trying to say is that it is unlikely that the damage was present when you made the initial inquiry as to what damage was present.

Why would works be necessary at some point in time if I had a table stand, it didn't. I've downloaded the manual which states it needs to be wall mounted or on a stand. Luckily I've followed the manufactures guidelines on that.

True, but you were happy to buy a TV without a stand and a third party would conclude that you would have been happy with this had it not been damaged. So the work was pretty much essential. I *may be* wrong here though

What physical damage?

This: "there are other dents/scratches in the frame of the TV now."

and "was told that a big scratch was on the screen"

As already said the unit was sold to me with 'nothing wrong with it' I had a quick look and it looked too me as the sales guy was telling the truth. I paid my money and left just like any consumer.

Well... yes! But from the way you tell the story it seems like there was NO damage when you first viewed the item. It seems like the damage only happened sometime between being bubble-wrapped and you bringing this issue up. So I feel that the salesman WAS telling the truth...

What answers do I need clarifying? I've already asked the most pertinent, please do tell what else I could have asked to stop this situation from arising?

You don't need to clarify to me etc.

But your Q and A bit was a bit strange in that the A didn't really match up to the Q in some instances. Sort of suggests that you have either made it up, or they gave you vague answers (which you didn't clarify).

Besides all that, I've noticed a distinct note of I'm somehow to blame for all this? Insinuating I've damaged my own property, not asking the relevant questions, the list goes on. Most of this comes under misleading actions from the consumer protection of unfair trading (regulation 5 i believe) If that's the case I can seek damages, though I am taking a crash course in all this!

I wouldn't say you are to blame. I would more say that this is a "your word against theirs" situation because you haven't really brought anything concrete to the table here.

If you feel that you have recourse based on the "consumer protection of unfair trading" then go for it! Maybe pay a lawyer to go through the legal bits with you.

All I can advise you is to contact the company and mention the letter. If that doesn't work, raise a Small Claims Court dispute.

[Deleted User]

I recommend you just get a full refund, buy a brand new TV for a similar price and hang it on your newly fitted bracket.

If you go to court with this you'd need documentary evidence to support your allegations. You don't have any such evidence.

Every concern you have (other than perhaps the scratches) is based on questions you (allegedly) asked and answers you were (allegedly) given.

You certainly won't ever receive any additional award for fitting a bracket to your wall.