Consumer rights regarding a tele 3 month out it’s warranty

neilmcl

Healey91 said:

LG have confirmed it’s the screen which needs replacing will cost £900 nothing to do with anything we’ve done . Currys have just said it’s out of warranty surely a two thousand pound tele should be breaking after 15 month that’s not right and surely under consumer rights they should fix it up to 6 years I’ve read ? 

How have they done that. Has anyone been out and actually inspected the TV and given you a proper fault diagnosis?

neilmcl

Healey91 said:

It’s through Currys finance which I’m currently paying ?

Then you can raise a section 75 claim against Currys Finance but the salient point remains; you need to show proof that the fault was present when you purchased the TV, ie, the fault is inherent to manufacture and not something you've caused either through excess wear & tear, misuse, damage etc.

DB1904

Arrianna said:

I think I may have been fortunate in my situation as I successfully argued for a full refund. 

Under the Sales of Goods Act products should last a reasonable time - up to 6 years of purchase date. 

Firstly I would go to the shop your brought the Tv from (calling head office is most probably best). Ask either for the TV to be repaired, replaced or ask for a full refund. 

I believe that any repairs should not be at any additional cost to you (but I’m sure someone on here will be able to verify this). Hence going for a replacement or full refund may be less hassle! 

They've had 15 months use of the tv, why do you believe it should be a full refund?

y3sitsm3

DB1904 said:

Arrianna said:

I think I may have been fortunate in my situation as I successfully argued for a full refund. 

Under the Sales of Goods Act products should last a reasonable time - up to 6 years of purchase date. 

Firstly I would go to the shop your brought the Tv from (calling head office is most probably best). Ask either for the TV to be repaired, replaced or ask for a full refund. 

I believe that any repairs should not be at any additional cost to you (but I’m sure someone on here will be able to verify this). Hence going for a replacement or full refund may be less hassle! 

They've had 15 months use of the tv, why do you believe it should be a full refund?

Or why the SoGA applies now.

MarvinDay

Arrianna said:

I think I may have been fortunate in my situation as I successfully argued for a full refund. 

Under the Sales of Goods Act products should last a reasonable time - up to 6 years of purchase date. 

Firstly I would go to the shop your brought the Tv from (calling head office is most probably best). Ask either for the TV to be repaired, replaced or ask for a full refund. 

I believe that any repairs should not be at any additional cost to you (but I’m sure someone on here will be able to verify this). Hence going for a replacement or full refund may be less hassle! 

Where to start?
Firstly, the Sale of goods act wouldn't apply to the contract of sale in question as the relevant consumer legislation is the Consumer rights act.
Secondly, there is nothing in the CRA (nor was there in the SOGA) that states that goods must last up to 6 years from purchase.
Thirdly, even if the OP was able to show that the fault occurred due to a problem that was present at the time of sale, they would have no legal right to a full refund.
The retailer gets the option to repair, replace or refund and this refund can have a deduction to cover the good use the consumer has had from the goods.

JJ_Egan

As above  six years is the time allowed to take to court not how long an item should last .

ontheroad1970

JJ_Egan said:

As above  six years is the time allowed to take to court not how long an item should last .

It depends on the component.  It would not be expected for a TV panel to have to be replaced every year - it is not a consumable component.  So therefore it is something that should last several years.  I got Curry's customer service team to accept that a reasonable period would be 6 years for a TV panel to last.  I wouldn't expect a full refund, and I didn't get a full refund - I got a partial refund on the basis of how long we had owned the product for against new.  

There is not a specific length on the provisions of the SoGA.  Major white goods and TV sets are not expected to be annual purchases and should be expected to last several years. Just because most are only giving a guarantee for 1 - 2 years doesn't mean that's how long they should be expected to last.  Warranties are always in addition  to your statutory rights, not a replacement for them.

y3sitsm3

ontheroad1970 said:

JJ_Egan said:

As above  six years is the time allowed to take to court not how long an item should last .

It depends on the component.  It would not be expected for a TV panel to have to be replaced every year - it is not a consumable component.  So therefore it is something that should last several years.  I got Curry's customer service team to accept that a reasonable period would be 6 years for a TV panel to last.  I wouldn't expect a full refund, and I didn't get a full refund - I got a partial refund on the basis of how long we had owned the product for against new.  

There is not a specific length on the provisions of the SoGA.  Major white goods and TV sets are not expected to be annual purchases and should be expected to last several years. Just because most are only giving a guarantee for 1 - 2 years doesn't mean that's how long they should be expected to last.  Warranties are always in addition  to your statutory rights, not a replacement for them.

Products can't realistically be broken down to their component parts like this, or else someone could claim that everything is a consumable because at its core, everything is made of the same stuff.

Clearly a TV should last longer, so let's not muddy the waters by trying to separate the panel from the TV, it's not relevant.

The OP is still likely to need to prove the fault is inherent though, as something failing prematurely is not automatically an inherent fault.

neilmcl

ontheroad1970 said:

JJ_Egan said:

As above  six years is the time allowed to take to court not how long an item should last .

It depends on the component.  It would not be expected for a TV panel to have to be replaced every year - it is not a consumable component.  So therefore it is something that should last several years.  I got Curry's customer service team to accept that a reasonable period would be 6 years for a TV panel to last.  I wouldn't expect a full refund, and I didn't get a full refund - I got a partial refund on the basis of how long we had owned the product for against new.  

There is not a specific length on the provisions of the SoGA.  Major white goods and TV sets are not expected to be annual purchases and should be expected to last several years. Just because most are only giving a guarantee for 1 - 2 years doesn't mean that's how long they should be expected to last.  Warranties are always in addition  to your statutory rights, not a replacement for them.

I'm sure @JJ_Egan is well aware of this, he was merely correcting an earlier post that stated an item had to last "up to 6 years of purchase date" when this is actually a common misunderstanding of the law.


Also, it would help your argument if you didn't refer to SOGA as it's not relevant here.

ontheroad1970

neilmcl said:

ontheroad1970 said:

JJ_Egan said:

As above  six years is the time allowed to take to court not how long an item should last .

It depends on the component.  It would not be expected for a TV panel to have to be replaced every year - it is not a consumable component.  So therefore it is something that should last several years.  I got Curry's customer service team to accept that a reasonable period would be 6 years for a TV panel to last.  I wouldn't expect a full refund, and I didn't get a full refund - I got a partial refund on the basis of how long we had owned the product for against new.  

There is not a specific length on the provisions of the SoGA.  Major white goods and TV sets are not expected to be annual purchases and should be expected to last several years. Just because most are only giving a guarantee for 1 - 2 years doesn't mean that's how long they should be expected to last.  Warranties are always in addition  to your statutory rights, not a replacement for them.

I'm sure @JJ_Egan is well aware of this, he was merely correcting an earlier post that stated an item had to last "up to 6 years of purchase date" when this is actually a common misunderstanding of the law.


Also, it would help your argument if you didn't refer to SOGA as it's not relevant here.

SoGA still exists, and is still relevant to faulty goods.  The argument between retailer and customer is whether the goods are faulty because of accidental damage by the customer or manufacturing fault.  I've had this exact fault with 2 plasma TVs, and it was found as a fault, not damage each time.  I had to argue with Curry's on the first time, and they backed down after lots of pressure via social media.  They replaced the panel, and then a year later the same thing happened again.  We then were given a choice of a voucher or a partial refund taking into consideration the time owned.  We took the latter and used it towards an LG TV from John Lewis.  

We had a similar fault with the LG TV after 4 years.  JL offered a replacement, with the balance of warranty or pay £99 more for a larger Panasonic and get another 5 years.  We did the latter.  Panel failures with a line through the pixels is a very common fault.