FAULTY TV - MANUFACTURER - RETAILER - CREDIT CARD COMPANY

SP1266

Hi. I wonder if anyone can point me in - what do I do next.
-PURCHASED TV online from retailer using vouchers bought on credit card
-TV came with 1 yr warranty
-In 8th month of use - TV developed a fault  which the Manufacturers had it repaired via one of thier approved local service providerr ( repairs came with 3month warranty)
-In 13th month ( or more precisely- wk 54)., TV developed the same fault.

Manufacturers says - they wont repair without me paying for repairs
Retailer ( Consumer Rights Act Sec15) says - I have to pay just under £100 to get them to collect the TV and have it checked by thier engineers 
- If initial repairs not done properly then they will repair and refund the £100, but wont guarantee repairs for longer then 3 months.
- if repaired correctly then - but fault redeveloped then I lose my £100 + I have to pay for repairs
Any assessment of where the fault lies will be determined by retailers' own rules and regulations - i.e I dont expect them to give the consumer the benefit of doubt.
Credit card company (Sec75) - says - as TV is outside of warranty - they cant automatically refund. They would need a TV engineer repair to say the TV was inheritently  faulty to win their claim against the retailer. 
So, I am now stuck with a TV in its 13th month of use- which is faulty ( TV does not respond to remote controll command).

In the meantime - I fear that using delicate buttons on TV to change channels / volume - will result in these breaking sooner rather then later.

I saved over a year to buy this well known Japanese brand TV - 

can anyone advise What are my options here onwards 
Thank you

ItsComingRome

You definitely have no S75 rights, you bought vouchers on the credit card, not the TV.

You would probably need to get an independent report to show an inherent fault if you wanted to exercise your consumer rights at this point, although the previous repair by the manufacturer muddies the water a bit.

The retailer can guarantee the repairs for as long or as little as they want, that's not really relevant.  If their repairs are crap and the item is expected to last say 5 years, they can't just throw their hands up after 3 months when the item is 16 months old and say "tough."

theonlywayisup

As above, you have no S75 rights as you did not buy the TV via credit card, you purchased vouchers and then used those to buy a TV.

You are stuck on the warranty as it is outside the warranty period, unless the manufacturer offers a gesture of goodwill.

You therefore only have legislation to rely on.  As the initial fault was outside the first 6 months, the onus is on you to prove the TV was inherently faulty.  You can commission your own report to do this and present it to the retailer (not manufacturer). 

Sandtree

Your only statutory rights are against the retailer but they haven't represented your rights correctly.

As the item is over 6 months old they are entitled to require that you prove the item is faulty... most retailers dont but its within their rights. You could choose to pay them £100 to do that for you or you can choose your own preferred independent engineer. Either way, if your claim is successful the fee can be added to the claim, if its unsuccessful then the cost is yours to carry.

Were the retailer involved in the first repair at all, ie did they tell you to go to the manufacturer or did you go directly to Sony (or whoever) off your own back? In theory if they weren't involved and your report says its faulty and not of appropriate durability then they could decide to repair, replace or refund whereas if they were involved in the first repair then you have the right to demand a refund. Be aware however the refund can be reduced to reflect the use you got before it broke.

You have no S75 claim because you bought vouchers not a TV as already pointed out. 

the_lunatic_is_in_my_head

If you contacted the retailer the first time simply advise you exercising your final right to reject which is detailed here:

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

Specifically:

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

There isn't any mention whether or not it's taken the goods do not conform, I'm unsure whether this means it isn't taken and you need the report or whether it is taken as the retailer accepted the fault existed the first time and thus the goods must not conform. 

MalMonroe

Here is some information from Citizens Advice about faulty goods. You may have better protection under the Consumer Rights Act 2015 than you think. A TV should last longer than yours has, that is it has to be 'fit for purpose', whatever method you used to buy it. 

Just fill in the Citizens Advice questionnaire in this link to find out what to do next -

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/return-faulty-goods/

I wouldn't pay £100 for any repairs (or throw any more money away trying to get your TV working properly) on the grounds that my own TV, now 18 months old, only cost me £129 brand new. Of course it's not big and fancy and it's not even a well known brand but it's reliable and we like it and touch wood it hasn't let us down yet. Purchased from a retailer I've used many times and would recommend very highly, my TV has a free 6 year guarantee from Richer Sounds. They really are good. I don't expect to have any trouble with my TV but if I do I have every faith in them honouring their promise to either replace it or refund the whole cost. (Yes, they do that). Good old fashioned retailing, just like in the olden days. 

theonlywayisup

MalMonroe said:

Here is some information from Citizens Advice about faulty goods. You may have better protection under the Consumer Rights Act 2015 than you think. A TV should last longer than yours has, that is it has to be 'fit for purpose', whatever method you used to buy it. 

Just fill in the Citizens Advice questionnaire in this link to find out what to do next -

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/return-faulty-goods/

I wouldn't pay £100 for any repairs (or throw any more money away trying to get your TV working properly) on the grounds that my own TV, now 18 months old, only cost me £129 brand new. Of course it's not big and fancy and it's not even a well known brand but it's reliable and we like it and touch wood it hasn't let us down yet. Purchased from a retailer I've used many times and would recommend very highly, my TV has a free 6 year guarantee from Richer Sounds. They really are good. I don't expect to have any trouble with my TV but if I do I have every faith in them honouring their promise to either replace it or refund the whole cost. (Yes, they do that). Good old fashioned retailing, just like in the olden days. 

CRA states that after 6 months from purchase the buyer must show the fault was inherent.  No amount of form filling will change that.  The OP needs to commission a report or take the offer of a paid report.  Or they try for a goodwill gesture on the warranty. 

Rodders53

What is make and model of TV? Is it a known problem unit, if you search for it?

Some sets are easier to repair (=get parts and diagrams) for an independent repairer than others.

Next TV purchase ensure it has a 5 or 6 year warranty?  Mind Richer's one, if unrepairable, is not full retail price (back in vouchers towards a replacement) but on a sliding scale with age (you have had use of the set after all).

Al_Ross

What is the make and model of tv and what was the purchase price?

zoob

Must be either a Panasonic or Sony TV, don't think there's any other Japanese brand in the UK now 

neilmcl

zoob said:

Must be either a Panasonic or Sony TV, don't think there's any other Japanese brand in the UK now 

Sharp, Toshiba?