Samsung lost my repaired item

danjonbull

Hi, I'm looking for advice on how to pursue this.

On 27th Oct 2020, I purchased a high-end Samsung computer monitor for £1,085 from Novatech. 10 months in, it developed a fault (several dead pixels started appearing). I contact Novatech, they tell me to contact Samsung directly. Samsung arranges a repair with RepairTech. The item was collected by Panther at my home. 6 weeks in, I hear nothing. I contact Samsung who say repair has been canceled and to contact RepairTech. I contact RepairTech and they say the item was not delivered to them via their courier Panther and that they will begin depot searches. Fast forward 3 weeks and I have contacted Samsung who are unhelpful - they ask me to deal with RepairTech directly despite being the ones who arranged the repair. The dispute is still ongoing between Samsung and RepairTech.

Given I have been given the run around by several parties, what are my options? Should I wait longer to see what happens - it has been 3 months now, when do I draw the line on this being unresolved?

Should I pursue:

(1) Section 75 - paid with Halifax credit card - what is the process?

(2) Small claims court? Who do I sue to recover the money for the lost item? Novatech, Samsung, Panther or RepairTech? The value of the item is now £799, the value of the item keeps dropping the longer it has taken to resolve. Should I recover the full amount?

mattyprice4004

Section 75 is a good way to go - there's a guide on MSE here: https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/ 
The process itself is well documented, and can be found using Google. 

Small Claims is a good last resort, but S75 should be fine and doesn't cost you anything - I'd use that first. 
It'd be against the retailer, and I would file for the full amount - however I would expect a judge to award a reduced amount given it's not worth as much now. 

danjonbull

This statement suggests the S75 claim may not work:

If your problem is with faulty goods, first check the warranty instead of using Section 75. If you paid for a product using your card and discover a problem with it while it is still under warranty, and the warranty is with the manufacturer, you may not be able to bring a Section 75 claim for breach of contract.

This is because the contract at the point of sale is with the retailer or supplier and therefore the creditor-debtor-supplier link would be broken. However, you would be able to make a claim if the warranty is with the retailer or supplier directly as the chain would still be intact.

Ergates

danjonbull said:

This statement suggests the S75 claim may not work:

If your problem is with faulty goods, first check the warranty instead of using Section 75. If you paid for a product using your card and discover a problem with it while it is still under warranty, and the warranty is with the manufacturer, you may not be able to bring a Section 75 claim for breach of contract.

This is because the contract at the point of sale is with the retailer or supplier and therefore the creditor-debtor-supplier link would be broken. However, you would be able to make a claim if the warranty is with the retailer or supplier directly as the chain would still be intact.

The issue is not that the item is faulty, the issue is that it has gone missing.

NBLondon

The item is already back under warranty and the problem is that the repairer (or their chosen courier) has lost it.

So I'm not sure if Section 75 against the retailer is valid.

The problem seems to be that Samsung agreed a repair under warranty but are now saying it was cancelled?  So Letter Before Action to Samsung since they have not honoured their warranty by arranging a repair in a timely manner.  Samsung can't pass the blame to Repair Tech (their subcontractor) if it's a Samsung warranty.

danjonbull

Ok so it sounds section 75 won't work as the contract to repair is with Samsung and not the retailer. Samsung have not honoured their warranty in a timely fashion. 

Should I go down the process of letter before action followed by small claims court? Any advice on this route? 

the_lunatic_is_in_my_head

This is the problem with retailers telling buyers to go to the manufacturer.

As Novatech told OP to go to Samsung they either mislead the OP about their consumer rights or are using Samsung as a repair agent and their consumer rights with Novatech and S75 rights apply. 

danjonbull

I believe consumer rights is 30 days after purchase. Don't think S75 applies in this case. Looks like I will need to go down the legal proceedings route.