Claiming under consumer rights - Next steps for faulty item after 6 months

keyser_soze
keyser_soze Posts: 131
Combo Breaker First Anniversary
Forumite
edited 9 December 2023 at 9:20AM in Consumer rights
I'm in need some advice and thought this would be a common situation that would help others.

The short version is :

I have a faulty item. I have stated my consumer rights and after nearly two months of frustration I can't get the retailer or manufacturer to do anything. What are the next steps I should have taken or should now take?

I have started a section 75 with my credit card but I'm not sure if this is my best option. As I want to buy the item again at my own cost but don't want to end up with two if the item gets repaired/replace before the section 75 claim Is processed.

 More details are below

I have a faulty Samsung projector. I reported this to the retailer and stated my right under the consumer credit act 2015. They referred me to Samsung who have confirmed the item is faulty on video calls and they would need an engineer to fix this.

Nearly two months later this has not happened. The retailer keeps saying they are the middleman and can't do anything. Samsung would need to repair / replace under warranty. I have disputed this and said my consumer rights are with them as the retailer not Samsung but they won't budge on this stance.

Every time I contact Samsung they say it has been escalated to a senior team and will call me back the next day to arrange something but this never happens. They won't let me speak to this team or anyone else about the issue dispute multiple attempts and I can't spend hours on the phone each week.

I have contacted the retailer many more times explaining my rights and that I now no longer want to contact Samsung. They are quick to email back but keep saying it's Samsungs issue and they will email me with an update but as they are getting no updates they are not contacting me. I can't make any progress with Samsung and neither can they. So this issue is not going to get resolved.

I am so frustrated at the time it's taken as I need to use the item and having to keep contacting Samsung and the retailer and just want the issue resolved asap.

I would now want to get a full refund and buy a replacement myself from a company with a better returns policy and customer service in case another fault develops as I already have accessories to match this item.

But I am not sure the best way to do this. I also don't want to buy another then end up having this repaired/replaced and have two projectors.

I feel I have been clear with my consumer rights. I just need to take the next steps to exercise these rights but it seems more lengthy and difficult in practice.

Can I now reject the offer of a repair or replacement. How would I do this?

Would a letter before action or a section 75 or both be the best action for me to take ?

I have already asked my credit card company to start a section 75 claim but they have said this could take up to 8 weeks and I am worried the item would be repaired or replaced in this time or the claim refused. Is this likely to be straightforward and successful as I have lots of emails and evidence the item is faulty and the retailer and Samsung are not resolving the issue.

Comments

  • If you had product over 6 months you aren't entitled to a full refund, also you can't reject a replacement or repair.
    As has confirmed it's faulty it's down to if the fault was inherent. If it is then you should win the S75 claim.

    Let's Be Careful Out There
  • Thanks for your reply. I think my best option is to wait for the section 75 to be processed as no one is starting any replacement or repair. I don't feel I can influence this in anyway after multiple attempts with both the retailer and Samsung. They just don't seem to be willing or I now think even able to arrange this service for their projectors like they can for TV's and I think this may actually be the issue that has caused no progress, I did at one point get referred directly to their repair centre who told me they don't deal with projectors.

    This has been eye opening dealing with Samsung as they are confirming by email and phone its within their 12 months warranty, it's faulty and needs to go to an engineer for a repair and they will contact me to arrange this but they can't make this happen or even call me back.

    I have quite a few Samsung products and this is the first time I have to contact them and they are not no where near the same level as premium brands around the same price point. I can't believe how bad their service is and dreading any of my items become faulty. 

    I've learned a lesson here to be more careful about what companies and retailers I purchase expensive items from. I knew my credit card would offer me the protection but I never thought I would need them as I assumed as my consumer rights and a manufacturers warranty would be an easy process.
  • zoob
    zoob Posts: 568
    First Post Name Dropper First Anniversary
    Forumite
    Your consumer rights are soley with the retailer, go back to them and as they advised you to contact Samsung to sort the issue on there behalf, its 100% the retailers problem to sort
    Usely 4 weeks is concidered a resonable time to effect a repair under the warranty, id insist that after 8 weeks that they either replace or refund and refuse repair as the unreasonable time frame involved.

    Just one question, is the projector for use at home for movies and things?
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