John Lewis not complying?

tsukiduki

Hi
I purchased a tv from John Lewis in February 2018. The on/off button malfunctioned and so it was taken away for repair. It was returned this week and the trim is now wearing damage. Have contacted JL and all they are prepared to do is take it away again, strip it down and replace the trim or give me a goodwill payment to accept the damage. Having spoken to the consumer advice helpline they have told me that JL have had their one chance to fix the tv and now I’m entitled since I don’t want it repaired again, a replacement, a reduction in price and accept the damage or reject the tv. I’ve told JL I would like under the consumer rights act 2015 a replacement but they won’t budge. I’ve now formally written to them using recorded delivery but was wondering if anyone had any further advice please?

pmduk

Does the button still work? I'm not sure that damaged trim would constitute a fault necessarily.

pramsay13

It's not totally clear what the fault is and how it occurred.
It sounds as though they have fixed the button fault and now you have it back there is a different fault so not sure why they wouldn't have an opportunity to fix the second fault.

tsukiduki

Hi, the button works now, yes. The advice I was given yesterday on the phone by the consumer advice helpline was that it is now damaged and damaged by JL. They said that JL have had their one chance to fix it and apparently, the two issues don’t have to be the same. I know it is irrelevant but at just shy of £1000 it wasn’t an inconsequential purchase, so not overly keen on them keep taking it apart - to fix the button they had to replace the motherboard and now to fix the trim they have said that they need to strip it right down to be able to remove the trim and replace it. I don’t like looking at the damage either particularly since it is not even 8 months old yet and I didn’t damage it.

pramsay13

No-one expects you to look at the damage and JL are offering to fix the trim so it looks like new which sounds reasonable.
I'm still unsure where the one chance to fix it rule comes from, this is a new one to me.

pmduk

pramsay13 wrote: »

I'm still unsure where the one chance to fix it rule comes from, this is a new one to me.

The Consumer Rights Act gives retailers just one opportunity to repair an item now, preventing the previous possible repeated multiple returns for many different defects to be repaired

tsukiduki

I’m guessing it comes straight from the consumer rights act 2015...
Repair or replace

‘If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.’

But honestly, I’m only going on what I was told over the phone.

pinkshoes

You have had 8 months of use so unlikely to get a brand new replacement.

Either accept their repair, ask for a refund (less the usage you have had) or see if they have a refurb to replace it with.

Personally I would go with a repair.

tsukiduki

Apologies, Pink Shoes but I have not used should’ve or would’ve have I? 🤔🙂

NotRichAtAll

trim is now wearing damage

when you are sitting watching the tv are you close enough to caress it? i fail to see how the trim can show signs of wear when the tv is just sat in a corner or plonked on a stand or hung on a wall

neilmcl

pramsay13 wrote: »

It's not totally clear what the fault is and how it occurred.
It sounds as though they have fixed the button fault and now you have it back there is a different fault so not sure why they wouldn't have an opportunity to fix the second fault.

That's not how it works though. The seller is allowed one attempt at repair in total, not one repair per fault found. It's precisely the reason why this was brought in to stop the possibility of getting a "lemon" of a product that would have many faults and be constantly being repaired.