John Lewis claim for TV, using Consumer Rights Act 2015 13 November 2022 at 6:50PM in Consumer rights 32 replies 2K views

powerful_Rogue

MalMonroe said:

Hi, you are right when you say "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."

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. 

Not without a report.

TELLIT01

Comparative prices of items can't really be used to back up life expectancy of the product.  One TV may cost £200 and another £600, but that simple figure says nothing about the comparative specs.  An all singing, all dancing TV will every known bit of tech may actually be less reliable than a comparatively basic set.  The first 'smart TV' I bought had built in apps which were never updated and therefore quite quickly became unusable.  Should I be able to get a refund on that basis?

brianposter

What evidence do you have for your sisters repair ?

the_lunatic_is_in_my_head

It's been a very long time since I purchased a TV but I remember manufacturers making generous claims of 60,000 hours or similar for their screens. 

It would be worth checking online, the instruction booklet or even the box if you still have it to see if Samsung made any such claims for your TV OP.

The Consumer Rights Act dictates that

(5)The relevant circumstances mentioned in subsection (2)(c)* include any public statement about the specific characteristics of the goods made by the trader, the producer or any representative of the trader or the producer.

*Section 2c is all the other relevant circumstances relating to goods being of satisfactory quality which includes durability. 

JL may prefer to use a 6 year lifespan but the 6 year limit on filing a claim doesn't mean all products should have a lifespan of 6 years when working out a reduced refund and a statement from the manufacturer would hold weight compared to JL's reasoning.

MarvinDay

MalMonroe said:

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, 

That's not really correct. The CRA doesn't override a guarantee or warranty as that guarantee or warranty is in addition to your statutory rights.
Consider that if I bought something that was supplied with a 10 year guarantee and this item failed after 8 years.
If that warranty was overridden then I wouldn't be able to make a claim as you are generally limited to 6 years from purchase (in England) for CRA claims and as the warranty had been overridden by the CRA, I wouldn't be able to claim on that either.

TELLIT01

The TV I bought from John Lewis developed a fault in the first 2 year and it was sorted out quickly.  That was within warranty.  They now use WhatsApp or similar to communicate and although my heart sank when I saw that, it actually worked very well.  I suspect the first part used AI, but beyond that I was definitely dealing with real people.

DullGreyGuy

the_lunatic_is_in_my_head said:

It's been a very long time since I purchased a TV but I remember manufacturers making generous claims of 60,000 hours or similar for their screens. 

The OP hasnt had the problem diagnosed, it isnt necessarily with the screen... havent seen any TV manufacturer comment on the life span of the whole TV and the two TV's I've had die on me (both Samsung) it wasnt the screen that failed. 

the_lunatic_is_in_my_head

DullGreyGuy said:

the_lunatic_is_in_my_head said:

It's been a very long time since I purchased a TV but I remember manufacturers making generous claims of 60,000 hours or similar for their screens. 

The OP hasnt had the problem diagnosed, it isnt necessarily with the screen... havent seen any TV manufacturer comment on the life span of the whole TV and the two TV's I've had die on me (both Samsung) it wasnt the screen that failed. 

So wait for the OP to get the TV diagnosed, see if they ever come back to the thread and then give them the advice above?

Or give it now so it might help but on the assumption one can understand that if a TV ends up being diagnosed with a fault that has nothing at all to with the screen any manufacture claim on screen life perhaps isn't relevant?  

Although I'm sure there could be a 14 page thread on whether giving a screen life but using components that affect the screen and fail before the stated life of the panel is reasonable.... 

mikrt

Thanks all for your comments.

I have heard back from JL, and as some have said, they're asking for a confirmation from Samsung that it is an inherent fault - I can't see Samsung agreeing to that in a hurry. But I'm checking with cab if I have to use Samsung or whether I can use an independent. As I see it, it's obviously the screen - what else could it be. But I get it that I need to prove it.

But I have contacted Samsung who have said they'll help me. But I'm really expecting them to tell me to contact an engineer...... At my own expense.

My sister has paperwork from the engineer JL authorised to repair hers, and her customer/order number.

Thanks again 👌

DullGreyGuy

the_lunatic_is_in_my_head said:
Although I'm sure there could be a 14 page thread on whether giving a screen life but using components that affect the screen and fail before the stated life of the panel is reasonable.... 

Would you really expect every component of everything you buy to have the same life expectancy? If you buy a car the water pump will have to be replaced a long time before the axle but neither are consider consumables.  

If you are taking about marketing campaign based on a components lifespan whilst knowing the overall unit will fail before that then thats different... TVs, and in particular OLEDs, however have a bit of complexity because there are so few manufacturers of screens (until this year there was only one OLED manufacturer, now there are two) and so the life of screens are "out there" even if its not Panasonic or Sony directly talking about their screen lifes they all use LG OLEDs so people tie thing up