Screen fault on Samsung TV - Samsung are being difficult - please help

A_N_R

Hi,

I bought a TV directly Samsung and it came with some defects on the screen.

Samsung offered me a gesture of goodwill to keep the TV and stated 'The television will come with a 12-month warranty however this wouldn’t cover the issues you have presented in your recent email'.

At the time I provided photos of numerous dead pixels and a small green circle on the screen.

Within 5 months of ownership this green circle has over doubled in size and is much more prominent, about 8/9 pixels wide.

Samsung management have said this is an existing issue and not covered under the warranty. I have shared with them the photo of the size of the green issue when I bought it and another issue of it being bigger within 5 months. They accept that it has doubled in size but still insist it is part of the same problem therefore not covered.

I accepted the TV as it was and my expectation was any issues or worsening would be covered. I do not want to be stuck with a deteriorating TV.

Can I ask for help with my consumer rights in this instance, as the issue has become worse and doubled in size?

Thanks

DullGreyGuy

So they gave you a partial refund in exchange for you agreeing to live with the defects? What sort of percent discount was it?

A_N_R

DullGreyGuy said:

So they gave you a partial refund in exchange for you agreeing to live with the defects? What sort of percent discount was it?

Not a refund, but a gesture of goodwill, about a third of the value of the TV. But the main accepted defect has worsened, doubling in size. Thanks

JSmithy45AD

A_N_R said:

DullGreyGuy said:

So they gave you a partial refund in exchange for you agreeing to live with the defects? What sort of percent discount was it?

Not a refund, but a gesture of goodwill, about a third of the value of the TV. But the main accepted defect has worsened, doubling in size. Thanks

So a partial refund as stated, yes?

Someone with more experience may have a better idea but you've accepted a faulty product for a discounted price so you may be out of luck. Have you tried escalating it at all? At what level have you been talking to them?

I know it's of no use to you now but I would never have accepted anything but either a replacement or full refund.

km1500

"Samsung offered me a gesture of goodwill to keep the TV and stated 'The television will come with a 12-month warranty however this wouldn’t cover the issues you have presented in your recent email'."

as they said, the warranty doesn't cover the green circle

A_N_R

km1500 said:

"Samsung offered me a gesture of goodwill to keep the TV and stated 'The television will come with a 12-month warranty however this wouldn’t cover the issues you have presented in your recent email'."

as they said, the warranty doesn't cover the green circle

But the green circle has doubled in size, now a 1 cm circle. I accepted the condition at the time with a 12 month warranty for additional issues, by doubling in size is an additional issue, surely?

A_N_R

JSmithy45AD said:

A_N_R said:

DullGreyGuy said:

So they gave you a partial refund in exchange for you agreeing to live with the defects? What sort of percent discount was it?

Not a refund, but a gesture of goodwill, about a third of the value of the TV. But the main accepted defect has worsened, doubling in size. Thanks

So a partial refund as stated, yes?

Someone with more experience may have a better idea but you've accepted a faulty product for a discounted price so you may be out of luck. Have you tried escalating it at all? At what level have you been talking to them?

I know it's of no use to you now but I would never have accepted anything but either a replacement or full refund.

Samsung were keen to say a gesture of goodwill which is a non admittance of fault. It was through Samsung support, not a refund from the Samsung shop.

And this is now at the 'CEO' escalation level. Utterly appalling support from them, it's been ongoing for a month now.

littleboo

Post on the Consumer Rights board, there are some very knowledgeable people that frequent there.

BadDebtor

The warranty is irrelevant, you bought Direct which was a mistake because if you had bought from a Retailer you would have Samsung for Warranty and the Retailer for potentially 6 years or more.  If you had paid by credit card then you also have the Section 75 protection.

The Consumer Rights Act 2015 says a product must be

of REASONABLE quality
FIT for Purpose
as DESCRIBED
Last for a reasonable period of time.

It also says that services such as repairs should be carried out with reasonable CARE & SKILL

and it says that the Consumer should not be inconvenienced.

In your situation I would simply argue that you were prepared to accept the defect AS IT WAS not if it expanded to the the massive area it covers now, which makes the TV UNFIT FOR PURPOSE, it has not lasted a reasonable period of time and this suggests an inherent defect in manufacture.

If now past 6 months it is for you to prove it was not anything you did and if Samsung insist on this you do this with an expert report which they pay for if it confirms the above.  Before that it is for them to prove you caused the fault which would be a stupid thing to suggest as they admitted culpability for the defect by making you the offer.

If you can get the BBC Consumer show on local radio they may pursue the matter for you, calling up Samsung, I have heard them on there before and they cave pretty quickly.

I would take it to Small Claims Court if they do not provide an acceptable remedy, I think you have been very reasonable to have accepted it, even with a discount.  Such an agreement cannot override common law which is the Consumer Rights Act (2015) otherwise the terms of said  agreement become void as an unfair contract term.

The breach of the CRA (2015) also creates a Breach of Contract which is what you need if you want to make a Section 75 claim if you paid by credit card.

I would search the web for others with similar problems as they provide even more evidence of the failures above.  Then complain on their forum and insist they swap it out for repair (you should not be inconvenienced by a repair that takes months). Alternatively, they can refund you the proportion of payment for the remaining life of the TV. 

It can depend on the price paid but as a minimum I would expect 6 years or 72 months, so the minimum I would expect is price paid (less rebate) divided by 72, x 66 months.

Example 

TV cost 2000
Rebate 500
Net price 1500 /72 = £20.83 per month

72 - 5 months use = 67 x £20.83 = £1395.83 or replacement TV

Plus cost of expert report of they insist (this is if you had it more than 6 months)

Get onto them immediately, the case will turn in Court on a very simple thing, would any reasonable person buy such a TV and pay X if they expected it would only last 5 to 6 months?

Of course not, judgement to the claimant, cost to the defendant.

Job done.
 
Time is of the essence if you have not passed six months yet.