john lewis, lg tv and consumer rights act

kevineaton77

hi , hope you are well. thanks for your time.

i purchased a 55 inch LG tv from john lewis in dec 2017.

it has developed a fault. it is a well known, manufacturing fault as described here

https://www.youtube.com/watch?v=nX0AXzWm2cI

that effects a significant percentage of the lg C7 panels that were produced. the fault only appears after exactly 2000 hours of use, when the TV does a predetermined and automatic refresh.

the fault that then occurs is that you have a coloured rectangle on the screen. it does not stop the TV from working and you can still watch tv, albeit with this rectangle.

this happened to my lg tv. i argued with john lewis that it was a manufacturing fault, they were not interested. they said that they were able to repair it under the consumer rights act (CRA). i eventually reluctantly agreed to let them try and fix it.

***EDIT***

i forgot, they have been here twice already. they first sent an engineer to look at the fault (with a 4 hour window for arrival) on march 8th. then they ordered the parts and came back on 8th april. so im now up to 8 hours and they want me to spend yet another 4 hours. they did not offer to take the tv away on the first or second visit.



they have made me wait in for 8 hours now costing me about 600 pounds in lost revenue, (i run an IT callout business), and have had to wait in. they replaced the entire panel. (so not the entire tv, but the entire screen, the electronics were the same)

then they tested it and it failed to display a picture at all but the power light would come on , but no picture at all on the screen.

so then they left. i now cant watch tv.

i phoned Jl, and said, ok, so you have now had your one repair chance under the CRA, it failed, and so now i am able to demand a refund.

no, they said, we haven't failed to repair it.

i said, err, yes, you have failed to repair it. i have a document from your technicians which says " tv failed, its not coming on, another visit required"

ahh, they said, we haven't finished repairing it yet!

so. my question is ... how many times are they allowed to come along, make me wait in, lose revenue and fail to repair it.

the cra says they have 1 chance to repair the tv.

as far as i am concerned, they have had their chance, and they have failed. i want my money back.

please let me know your thoughts.

hollydays

What did tv cost

kevineaton77

it was £2500 reduced to £1500

kevineaton77

(it was brand new, they were having a sale)

Aylesbury_Duck

If they refund you, the amount will take into account the 17 months of use you have had from it. What would a 17 month old model cost to buy second-hand? A couple of hundred? Maybe £500?

kevineaton77

can you point out where in the cra it says that? because my reading of the cra is that i DO NOT have to take into account my usage. i would agree if it was the sales of goods act, but it isnt , its the cra

kevineaton77

which.co.uk

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.

You can state your preference, but the retailer can normally choose whichever would be cheapest or easier for it to do.

If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.

You're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:

the cost of the repair or replacement is disproportionate to the value of the goods or digital content
a repair or replacement is impossible
a repair or replacement would cause you significant inconvenience
the repair would take an unreasonably long amount of time.
If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund.

If you don't want a refund and still want your product repaired or replaced, you have the right to request that the retailer makes further attempts at a repair or replacement.

Use our step-by-step guide if you want to ask a retailer to repair or replace something you've bought that subsequently develops a fault.

kevineaton77

"or to reject the goods for a full refund." is the relevant part

kevineaton77

sorry, to clarify fully:

"or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund."

Aylesbury_Duck

You seem to know the CRA well enough to not need any help, so go ahead and claim your full refund.

My reading of section 24, paragraph 8 is different.

elsien

(8) If the consumer exercises the final right to reject, any refund to the consumer may be reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered, but this is subject to subsections (9) and (10).

And
(10) No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)),....

You are not in the first 6 months.