John Lewis TV guarantee

neverthesamedaytwice

neverthesamedaytwice said:

y3sitsm3 said:

No, you're not.

You've exercised your contractual rights under their warranty, which do not include you getting the TV back, and neither do your consumer rights.

When did I stop owning the TV?

Will the warranty be subject to a specific set of terms, and if so where can these be found? (Asking as it sounds like you're privy to them ..)

y3sitsm3

neverthesamedaytwice said:

neverthesamedaytwice said:

y3sitsm3 said:

No, you're not.

You've exercised your contractual rights under their warranty, which do not include you getting the TV back, and neither do your consumer rights.

When did I stop owning the TV?

Will the warranty be subject to a specific set of terms, and if so where can these be found? (Asking as it sounds like you're privy to them ..)

When you returned it to JL under a warranty claim and they accepted your claim.

neverthesamedaytwice

y3sitsm3 said:

neverthesamedaytwice said:

neverthesamedaytwice said:

y3sitsm3 said:

No, you're not.

You've exercised your contractual rights under their warranty, which do not include you getting the TV back, and neither do your consumer rights.

When did I stop owning the TV?

Will the warranty be subject to a specific set of terms, and if so where can these be found? (Asking as it sounds like you're privy to them ..)

When you returned it to JL under a warranty claim and they accepted your claim.

But I didn't return it. A TV repair company took the screen to their workshop. At no point was I asked whether I'd like the TV disposed of.

I'm interested to know how this is possible. Is this legal under the specific terms of the John Lewis warranty or under UK law?

Manxman_in_exile

neverthesamedaytwice said:

screech_78 said:

With regards to the high level of service of JL, I also believe they’re one of the best out there. If you’d went anywhere else (perhaps with the exception of Richer Sounds) you’d be out of warranty and fighting for even a basic resolution. Their guarantee is pretty decent by normal standards. Problem is, they won’t just throw money at customers as they used to - it’s tough times for businesses now and people always confuse this with poor service. 

...

Definitely read good things about Richer Sounds while researching around this issue though!

Are you sure about that?  There was a thread at the weekend about the RS guarantee and if I recall correctly, if they can't repair or replace like with like they'll give you a refund or partial refund.

If your TV fails in the third year (which I believe yours has) they'll refund you the purchase price less 30%.   Our 6 Year TV & Projector Guarantees (included at purchase). – Richer Sounds Online Customer Service

Aren't JL offering you a better deal than that?  (I may be mistaken as you seem to have avoided the question of how much you paid for it originally, but JL are only reducing the refund by £200 aren't they?)

Manxman_in_exile

neverthesamedaytwice said:

y3sitsm3 said:

neverthesamedaytwice said:

neverthesamedaytwice said:

y3sitsm3 said:

No, you're not.

You've exercised your contractual rights under their warranty, which do not include you getting the TV back, and neither do your consumer rights.

When did I stop owning the TV?

Will the warranty be subject to a specific set of terms, and if so where can these be found? (Asking as it sounds like you're privy to them ..)

When you returned it to JL under a warranty claim and they accepted your claim.

But I didn't return it. A TV repair company took the screen to their workshop. At no point was I asked whether I'd like the TV disposed of.

I'm interested to know how this is possible. Is this legal under the specific terms of the John Lewis warranty or under UK law?

I suspect it's perfectly legal - whether or not it's lawful may be a different question.

I suspect JL (or the repair company acting as their agent) may be in the wrong here and that you are entitled to some remedy.

That remedy is probably fulfilled if they provide you with a TV that is in need of repair, as that is what they deprived you of.

Manxman_in_exile

y3sitsm3 said:

If you expected it to last 5 years then their £200 less than price paid offer is better than you could have expected.

For the second time in a week I agree with you.  (I'll have to lie down now... )

It's a better refund deal than Richer Sounds would offer too.

neilmcl

Gavin83 said:

neilmcl said:

y3sitsm3 said:

neilmcl said: see

neverthesamedaytwice said:

y3sitsm3 said:

neverthesamedaytwice said:

y3sitsm3 said:

neverthesamedaytwice said:

neverthesamedaytwice said:

y3sitsm3 said:

No, you're not.

You've exercised your contractual rights under their warranty, which do not include you getting the TV back, and neither do your consumer rights.

When did I stop owning the TV?

Will the warranty be subject to a specific set of terms, and if so where can these be found? (Asking as it sounds like you're privy to them ..)

When you returned it to JL under a warranty claim and they accepted your claim.

But I didn't return it. A TV repair company took the screen to their workshop. At no point was I asked whether I'd like the TV disposed of.

I'm interested to know how this is possible. Is this legal under the specific terms of the John Lewis warranty or under UK law?

You invoked your rights under the contract, who took it away is irrelevant.

Of course it's legal under UK law, what do you think happens when you return something under warranty, do you think you retain all rights to it?

No, and the same is true if you return something under your consumer rights.  The moment the retailer accepts your claim, they now own the goods.

Insurers also work under the same principle.  If you don't like it, don't claim.

Okay, that's interesting .. thanks

It may be interesting but it's total nonsense 😉

When you return something for repair you don't give up ownership of the item, even if it turns out unrepairable. If I take my car in for fault under it's warranty and they can't fix it does it suddenly become the property of the manufacturer, of course it doesn't. The insurance anolagy doesn't work either, just because a car has been written off by the insurer doesn't make it theirs to do as they please,it only becomes their property once you agree to their offer of a payout.

You're getting caught up in the OP's irrelevant comments to stir the pot.

The OP is only entitled to the value of those goods, nothing more.  You can't demand damages for disposed of goods, only what they're worth, which is what JL are offering.

I'm here giving appropriate advice to the op, the only person "stirring the pot" so to speak seems to be you. JL did not have any legal right to dispose of the TV until the op had an opportunity to decide on what option they wanted to accept.

That's true. However now it has been disposed of and it's impossible to get back what's the solution? Were this to go to court they'd rule that the OP would need to be compensated for the loss of this TV. This would take the route of a replacement set of equivalent spec (this could include a used set of the same model) or a refund of the money paid, minus usage. This is worse than what they're already offering so it seems a bit of a red herring to me.

I don't and haven't disagreed with this.

neverthesamedaytwice

Gavin83 said:

That's true. However now it has been disposed of and it's impossible to get back what's the solution? Were this to go to court they'd rule that the OP would need to be compensated for the loss of this TV. This would take the route of a replacement set of equivalent spec (this could include a used set of the same model) or a refund of the money paid, minus usage. This is worse than what they're already offering so it seems a bit of a red herring to me.

Indeed .. but useful to know about if the subject came up.

Anyway, the matter is now in the hands of the god's .. I will await their reply.

Thanks all for.the advice and input ✌️

screech_78

neverthesamedaytwice said:

Gavin83 said:

That's true. However now it has been disposed of and it's impossible to get back what's the solution? Were this to go to court they'd rule that the OP would need to be compensated for the loss of this TV. This would take the route of a replacement set of equivalent spec (this could include a used set of the same model) or a refund of the money paid, minus usage. This is worse than what they're already offering so it seems a bit of a red herring to me.

Indeed .. but useful to know about if the subject came up.

Anyway, the matter is now in the hands of the god's .. I will await their reply.

Thanks all for.the advice and input ✌️

Just bear in mind that if you’ve emailed the Head of Customer Service email, it simply gets forwarded to the escalations team within technical support. So you’ll likely get a response from the same person if it’s already been escalated.  

neverthesamedaytwice

screech_78 said:

neverthesamedaytwice said:

Gavin83 said:

That's true. However now it has been disposed of and it's impossible to get back what's the solution? Were this to go to court they'd rule that the OP would need to be compensated for the loss of this TV. This would take the route of a replacement set of equivalent spec (this could include a used set of the same model) or a refund of the money paid, minus usage. This is worse than what they're already offering so it seems a bit of a red herring to me.

Indeed .. but useful to know about if the subject came up.

Anyway, the matter is now in the hands of the god's .. I will await their reply.

Thanks all for.the advice and input ✌️

Just bear in mind that if you’ve emailed the Head of Customer Service email, it simply gets forwarded to the escalations team within technical support. So you’ll likely get a response from the same person if it’s already been escalated.  

Good to know.

If that's the case, I'll ensure subsequent replies are also forwarded to the CEOs office as my complaint relates to this person.