Faulty Samsung TV - 21 months old

RichUK18

Hi, 

Just after some advice please! 

Around a week ago our Samsung Q90T TV developed a bright pink line of vertical pixels down the entire screen. I've been informed this is likely a panel failure and that repairing it is not economic. 

The TV cost £1,200 back in Feb 21'. 

I've spoken to Samsung who will not repair it for free. It came with a 12 month warranty but they somehow extended this to 18 over the phone. Unfortunately it falls out of this timescale too. The supervisor I spoke to is escalating it higher (apparently, though I won't hold my breath).

My question is, is this worth my time and money to take to the small claims court under the Consumer Rights Act? This would be based on the 'satisfactory quality' aspect in that its durability was not good enough to last even 2 years, which, when spending so much on their flagship TV I don't find acceptable. 

Thanks for any insights, 

Rich

TadleyBaggie

Did you purchase directly from Samsung?

RichUK18

TadleyBaggie said:

Did you purchase directly from Samsung?

Yes I did. 

[Deleted User]

Worth a read. (Source: WHICH)

‘Six months or more

If a defect develops after the first six months, the burden is on you to prove that the product was faulty at the time the goods were delivered to you.

In practice, this may require some form of expert report, opinion or evidence of similar problems or defects across the product range.

The retailer can also make a deduction from any refund for fair use after the first six months of ownership if an attempt at a repair or replacement is unsuccessful.

You have up to six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.

This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.’

https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product-aTTEK2g0YuEy

screech_78

It’s definitely worth pursuing however you’ll need an independent report confirming an inherent fault. If this goes in your favour, the retailer can then offer a repair, replacement or a partial refund to account for the use you’ve had over the 21 months. If it’s uneconomical to repair, you’re probably looking at the partial refund. 

the_lunatic_is_in_my_head

Hello OP

You are correct that you may be in a position that the goods do not conform to the contract (i.e have a problem) as they are not of satisfactory quality, more specifically regarding durability in that the TV was not built to a sufficient standard to last the full length of it's lifespan. 

In the first instance the retailer should repair or replace, however if a repair is disproportionately expensive the retailer can't be forced to repair. They could replace (which may be a refurbished model as an example) or you'd have the final right to reject. 

After 6 months the refund can be reduced to account for usage, even if you said the TV would only last 6 years then the deduction would be £350 leaving you with £850 back so very much worth chasing. 

You need to be clear with Samsung that you are not referring to any warranty they may offer but are exercising your rights to a remedy under the Consumer Rights Act because the goods do not conform to the contract.

At this stage that's all you need to do, i.e get them to acknowledge this. Then then may ask you to show there is a problem with the goods and this is typically done by way of an independent inspection. Because this is a durability issue you aren't looking to show that the pink line has been there the whole time but what has caused it to appear now and ideally that this wasn't done by user misuse or damage. 

These things are decided on the balance of probability so you don't need definitive proof, just enough to articulate your position. 

Should you have to pay for an inspection they should cover the cost of this as well. 

I doubt Samsung want to go to court over a TV so hopefully customer service will help out or a letter before action will prompt them to resolve.

A 2 second Google suggests some ideas for fixing lines on TVs  (checking connections, factory reset, etc), I assume you've tried such things to make sure it's a fault with the inner workings of the TV  

RichUK18

screech_78 said:

It’s definitely worth pursuing however you’ll need an independent report confirming an inherent fault. If this goes in your favour, the retailer can then offer a repair, replacement or a partial refund to account for the use you’ve had over the 21 months. If it’s uneconomical to repair, you’re probably looking at the partial refund. 

Thanks. Samsung have directed me towards one of their approved repair centres (who are not Samsung themselves). Would you say that counts as independent enough? 

RichUK18

the_lunatic_is_in_my_head said:

Hello OP

You are correct that you may be in a position that the goods do not conform to the contract (i.e have a problem) as they are not of satisfactory quality, more specifically regarding durability in that the TV was not built to a sufficient standard to last the full length of it's lifespan. 

In the first instance the retailer should repair or replace, however if a repair is disproportionately expensive the retailer can't be forced to repair. They could replace (which may be a refurbished model as an example) or you'd have the final right to reject. 

After 6 months the refund can be reduced to account for usage, even if you said the TV would only last 6 years then the deduction would be £350 leaving you with £850 back so very much worth chasing. 

You need to be clear with Samsung that you are not referring to any warranty they may offer but are exercising your rights to a remedy under the Consumer Rights Act because the goods do not conform to the contract.

At this stage that's all you need to do, i.e get them to acknowledge this. Then then may ask you to show there is a problem with the goods and this is typically done by way of an independent inspection. Because this is a durability issue you aren't looking to show that the pink line has been there the whole time but what has caused it to appear now and ideally that this wasn't done by user misuse or damage. 

These things are decided on the balance of probability so you don't need definitive proof, just enough to articulate your position. 

Should you have to pay for an inspection they should cover the cost of this as well. 

I doubt Samsung want to go to court over a TV so hopefully customer service will help out or a letter before action will prompt them to resolve.

A 2 second Google suggests some ideas for fixing lines on TVs  (checking connections, factory reset, etc), I assume you've tried such things to make sure it's a fault with the inner workings of the TV  

Thanks a lot, very helpful! 

At this point it looks as though I will have to get the TV at least looked at by one of their approved service centres. This will probably cost me but I'm guessing they may reimburse later down the line, as opposed to now? 

I'm a little hesitant at using one of their approved centres as it does not feel impartial. However one of their representatives on Twitter implied that any further issues could be as a result of a 'non approved' centre. What are your thoughts on this? 

I have completed as many checks as possible and done what I can without taking the TV apart and potentially causing issues down the line with them accusing me of damaging it myself by taking the back off. 

Thanks again

Al_Ross

 A common fault their with the panels (screen) which rarely gets replaced most likely deemed beyond economical repair and they will give you a partial refund after a fight.

Come back and lets know the outcome please.

macman

Too late to help you, but it may benefit others: purchase from Richer Sounds or JL and you would have got a 6 or 5 year warranty respectively.
Samsung really ought to offer a 24m warranty on all it's UK products.
As it stands, your only recourse is CRA 2015: I think you have a high chance of success, but send an LBA first, as that alone may be enough to get an acceptable resolution. I'm guessing that you would be offered around £800 if they opt to refund?

robatwork

Do come back to update this thread when it pans out. FWIW I would say a £1200 TV depreciates about £250 in year one and £150 in year two so I'd say the estimate of macman's £800 partial refund is spot on. You're not entitled to a full refund as you've had nearly 2 years of use.