Mis-sold TV by local 'engineer' scam

Patty_Odore

Hi, I just need some advice.  I realise we've been scammed, but I'm now wondering what our options are.

Our Samsung TV is 8 years old and is fine unless we want to watch a DVD on it, or use a Sky puck; then the screen has a funny fit and we can only see a quarter of it and in massive font.  Husband was convinced it could be repaired, so I spent a long time trying to find a local repairer.  The only company I could find was a local man, with a website, lots of positive feedback, no call out charge.  All sounded good, he phoned and arranged to call round to have a look.  He looked at what happened when we tried to play a DVD and said 'that's a software issue, it needs to go back to Samsung and that will be £150, plus whatever Samsung charge you to repair it, if they can, and it will take some weeks'.  Husband and I talked about it between ourselves and decided to buy a new one; the last one was from John Lewis and they set it all up for us.  Engineer instantly said 'John Lewis don't offer that service anymore.  I can get you a brand new, up to date 50" Samsung TV by tomorrow for £699 and I'll set it up'.  We foolishly agreed to that, and true to his word he turned up the next day with the new TV (which in fact was a 2023 model; we could have bought it on Amazon for £450).  He spent all afternoon trying to get it going (I had to help physically, as he was in his 80s and a bit frail) and it wasn't until later that day that I realised he hadn't given us a receipt.  I emailed him asking for one and mentioning the current price of the new tv, and he became very aggressive.  There is a long email trail where he threatens to sue me for goodness knows what, but the latest development is that he is willing to give us £40 as a good will gesture.  He also took the power cable for the old TV away and trying to get that back is proving nigh on impossible.  Current position is still no receipt, although he's said he will email me with one.  I've asked him not to make any transfers to the bank until I say it's ok.  Do I have any rights here at all?

CouldntResist

If he told you the cost of the TV upfront, whilst you have paid well over the odds, how exactly exactly is it a scam? He said he could get you a TV, seems to have got you one matching what he said (albeit last years model) and set it up. Did what he said he would do....

Alderbank

Your question appears to be about price matching.

You bought a TV from a local dealer. He supplied and installed the TV 'true to his word'.

You subsequently found that a seller on Amazon is selling the same set (but without installation) for a lower price. The local dealer has offered £40 as a goodwill gesture. You have no receipt, just the goods in exchange for payment.
You ask what are your rights.

Consumer rights say nothing about price of goods. Buyer and seller can agree any price they like. So long as you got what you agreed, and it sounds as if you did, you have no right to price match unless the trader had promised to price match.
Manufacturers were once able to set a fixed price for their goods, but retail price maintenance was abolished more than 50 years ago. However he has volunteered to give you £40 as a gesture of goodwill. No reason why you shouldn't accept it.

As a consumer you have no legal right to a receipt (you would if both you and he were registered for VAT).
If you paid by card or bank transfer that would be sufficient proof of purchase if ever needed. You say there was a lot of email to and fro about the price, so even if you paid cash I am sure those emails would have plenty of evidence of what and when you paid.

the_lunatic_is_in_my_head

Patty_Odore said:

I can get you a brand new, up to date 50" Samsung TV by tomorrow for £699 and I'll set it up'.  We foolishly agreed to that,

Assuming you agreed there and then rather than after he had left this sounds like off-premises to me, right of cancellation would apply, presumably no terms given, if so 1 year and 14 days to cancel for a full refund OP.

From what you've said the issue might be enforcing that.

gordothegopher

It seems as though you agreed to a bad deal, rather than being mis-sold or scammed. 

DullGreyGuy

The 2023 model is likely to be the current model, the 2024 items are only just starting to hit the shelves and several models still haven't made it into shops... its just that time of year for TVs as they get announced in Jan at CES and hits stores Apr/May time. 


As others have said, he offered you a price and you agreed to it. A one man band is never going to have the buying power of Amazon to be able to undercut them. Amazon also charge £150 for setting up a TV for you and so their price is £600 not £450 and thats not a next day service. 

Sounds like you were impulsive in agreeing to the price rather than checking it before committing. That isn't a scam, thats just lax practices by you. If you gave the model number I am sure others will probably be selling it at a very similar price to what you've paid inc installation. 

zoob

2024 model Samsung Tv's where lunched in Las Vagas in January and generally only hit UK stores middle off the year onwards, in the passed ive seen some models off that model year tvs only come available in November 

eskbanker

zoob said:

2024 model Samsung Tv's where lunched in Las Vagas in January

Hope they were well fed, some cable spaghetti perhaps?

Bradden

the_lunatic_is_in_my_head said:

Patty_Odore said:

I can get you a brand new, up to date 50" Samsung TV by tomorrow for £699 and I'll set it up'.  We foolishly agreed to that,

Assuming you agreed there and then rather than after he had left this sounds like off-premises to me, right of cancellation would apply, presumably no terms given, if so 1 year and 14 days to cancel for a full refund OP.

From what you've said the issue might be enforcing that.

Would right of cancellation not be waived once the service had commenced? in this case the installation of the TV. 

screech_78

MSE really needs to ban the use of the word “scam” on this forum. 

Aylesbury_Duck

screech_78 said:

MSE really needs to ban the use of the word “scam” on this forum. 

It wasn’t that long ago that someone equated their trivial refund matter to the Post Office miscarriages of justice.  They deservedly got short thrift.