John Lewis claim for TV, using Consumer Rights Act 2015

110 Posts


My Samsung TV is just over 5 years old, paid for in store for £879.00, and has developed a few white flames type thingies glowing from bottom of the screen. Of course my 5 year warrantee ran out last month.
My sister who bought the exact same model in a smaller size (mine is 55", hers, I think, is 48") a week before me, had exactly the same issue, but her fault appeared within the last few months of the warrantee and had a new panel fitted by A JL appointed engineer.
After some research I believe under the Consumer Rights Act 2015, if a fault develops between 6 months and 6 years I can make a claim.
If they offer a repair I will gladly accept. But if they offer a partial refund or credit note (which I may accept), how much would be a reasonable amount to accept please, maybe 50%? Or is that too low or too high do you think?
I've just emailed them using a "Which" template, with photo's of the fault and a photo of the receipt. They say they'll get back within 24 hours, and Which say to take action after 14 days.
TIA
My sister who bought the exact same model in a smaller size (mine is 55", hers, I think, is 48") a week before me, had exactly the same issue, but her fault appeared within the last few months of the warrantee and had a new panel fitted by A JL appointed engineer.
After some research I believe under the Consumer Rights Act 2015, if a fault develops between 6 months and 6 years I can make a claim.
If they offer a repair I will gladly accept. But if they offer a partial refund or credit note (which I may accept), how much would be a reasonable amount to accept please, maybe 50%? Or is that too low or too high do you think?
I've just emailed them using a "Which" template, with photo's of the fault and a photo of the receipt. They say they'll get back within 24 hours, and Which say to take action after 14 days.
TIA
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Replies
You may need to carry out some leg work to get a result.
Prepared for leg work, I was going to throw it and get a new one ready for Christmas, so anything's better than nothing.
I'll feedback if & when I get a reply
Before you spend, remember the MSE Money Mantras. Ask yourself, do I need it? Can I afford it? If the answer is NO to any of those questions, DON’T buy it. (Quote from MSE 15/11/22)
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Sometimes a warranty will give you additional benefits above your statutory rights. Richer Sounds 6 year TV warranty, for instance, is very good. Some warranties don't give you any more than your statutory rights.
The CRA 2015 overrides any guarantee or warranty a company gives you and you are well within your rights to ask JL to consider what you have to say, especially as your TV was originally what I consider to be very expensive. I recently bought a 42" TV from Richer Sounds - because it has a 6 year guarantee - and it was under £200. I'd expect a TV costing over £800 to last longer than five or six years. Especially Samsung.
But you're not asking for the moon and JL know all about the Customer Rights Act, so they should offer you something.
I avoid giving advice on anything legal, and I have absolutely no idea how JL will react to any claim.
That said, various authoritative sources offer advice of what is needed to make a successful out-of-warranty claim:
‘ If a fault develops after six months, it’s up to you to prove it was faulty at the time of purchase’
Sources suggest that an independent test report is needed as well as evidence that there is a history of early failures which indicate faulty design; faulty manufacture etc. One is then into ‘a cost versus reward’ debate.
For what it is worth, many components for use in high risk environments (such as commercial aircraft) are built with a predicted failure rate to a factor of 10 to the minus 6. If a component fails on first use, it doesn’t mean that there is necessarily a design or manufacturing fault. All the sub components could be just within limits but, collectively, they result in any early failure.
Obviously its up to you to decide how much time and effort you need to spend to attempt to get £135 or less back. As others have said, you are almost certainly going to have to commission your own report to confirm the cause of the problem at your own expense which will only be recoverable if it confirms its a fault and its not reasonable for the fault to have developed after 5 years.