Faulty OLED TV

koss-the-boss

I purchased a TV on ebay. The purchase is still recorded on ebay, but my PP payment was refunded and I was directed to a shop where I made a credit card payment and picked up the TV. TV turned out to be faulty and I have sent a video of the fault to the shop and proposed several solutions of how they could help me fix it. The shop insists I take it back to them to fix. The shop is far away and only open during my working ours. They refuse to pay for my petrol/loss of earnings and they also refuse to pay a courier. They quote their warranty that says "return to base" in case of failures. I believe the law gives me better protection that their warranty. I do not want to miss a day off work if they are unwilling to at least compensate me for petrol.
Please advise on my course of action and thanks for your time reading!!

marliepanda

Sorry this is a bit confusing to me this morning.

Forgetting ebay, you actually went to the store and bought it with your credit card? If so, then you didnt buy it on ebay, you looked at it on eBay, then purchased it in store (for the record, don't do that!)

I'm pretty sure in that case they can ask you to return it to the store to fix it.

bris

How old is the TV? After 6 months you need to be able to prove the fault is inherent at time of purchase by getting an independent expert to examine it and state this. The cost of this report should also be refunded.


The problem you have is that they don't actually have to do anything until you prove your case.


Under 6 months and the fault is said to be inherent at time of purchase unless they can prove otherwise. Water , physical damage etc. You will have S75 protection if it was over £100 so give them a call and start that ball rolling too.


They are entitled to inspect it which means getting it back to them, they. They should arrange this but if they won't you should just courier it to them. If they agree it's faulty they need to pay the costs both ways.
Dealing with shops like this can be a nightmare though so if it's under 6 months old just write them a letter telling them you want it collected and either repaired, replaced or refunded. If and when they refuse you can then write an LBA to them giving them 14 days to comply or take them to court.

stuartJo1989

I'd be intrigued to know what you mean by "and proposed several solutions of how they could help me fix it" in relation to a faulty TV...

The reason for this is that 90%+ of consumers have zero ability, or inclination, to carry out their own repairs on a faulty TV... They would generally much prefer to have the item inspected and fixed by a professional/someone in the know. Not least because any tinkering you do COULD be construed as the cause of the damage. Unless, of course, it is an easy fix (in which case, can you not try troubleshooting it online?)

It would be interesting to know what timescale we are talking about here btw. You'd be covered under consumer law (not just the warranty) but it depends on how long ago you bought the item for us to give accurate advice.

stuartJo1989

marliepanda wrote: »

Forgetting ebay, you actually went to the store and bought it with your credit card? If so, then you didnt buy it on ebay, you looked at it on eBay, then purchased it in store (for the record, don't do that!)

I much prefer buying directly from store to be honest. You've got protection on CC and generally prices are lower as the retailer doesn't pay ebay fees to list the item etc. Plus, I hate ebay/PP with a passion and it just acts as a fairly unnecessary middle man.

marliepanda

stuartJo1989 wrote: »

I much prefer buying directly from store to be honest. You've got protection on CC and generally prices are lower as the retailer doesn't pay ebay fees to list the item etc. Plus, I hate ebay/PP with a passion and it just acts as a fairly unnecessary middle man.

Jumly wording! No I mean don't buy on ebay, get a refund, go to the store etc. Either buy on ebay, or go to the store. This is just a mad jumble!

JJ_Egan

New tv ?? or recon /second hand .

koss-the-boss

Thanks a lot to everyone for their replies! Already feel better about this.

To answer some of the questions asked:

I was thinking about their warranty, that it gives me less power than the Consumer Rights Act 2015 does. Under their warranty - they should not compensate me for the return journey(s) and also just because the TV turned on ok in the first instance where I was 'checking it', it means that the problem developed after the purchase. In my mind - the fault was always there - the TV keeps turning off a few seconds after being turned on (not all the time, but progressively more frequently)

I paid for it on the 12th of December, so it's been less than 6 months. It was advertised as "as new, fully functional with cosmetic marks that do not affect performance in any way"

I have some knowledge about TV's and how they work, in my mind the problem would be fixed if I was allowed to open it and identify whether it's just a transistor or the whole power board that needs replacing.

Should I then activate section 75 protection? And do what else in the meanwhile? Could I already send them a letter before action since they boldly refused to pay for my costs? Or should I first send a letter demanding they agree to cover my costs

koss-the-boss

The item was £1,825, pretty damn expensive. The drive to the shop is 200 miles and would certainly require me to take a day's annual leave due to their working hours of 9:30-16:00 Mon-Fri

unholyangel

Remind them that the consumer rights act assumes any fault present in the first 6 months is inherent and that the same act states:

(2)If the consumer requires the trader to repair or replace the goods, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

You can also try a section 75 claim - you have the same rights against the card company as you do against the retailer.

koss-the-boss

Thank you!
I have just sent them a letter before action demanding them to agree to cover costs.
I kind of miss the good feeling of winning a court case so don't really mind taking it all the way.