Help Needed - Samsung TV Backlight Failed, Out of Warranty

MsPennySaver

Hi everyone,

I’m hoping to get some advice on a frustrating issue I’m having with my Samsung TV.

I bought a 75” Samsung AU8000 Crystal UHD 4K HDR Smart TV (2021 model) directly from the Samsung online shop on 21st December 2021. Unfortunately, one of the backlights has failed, and it’s now 17 months out of the original 12-month warranty period.

Here’s a timeline of what’s happened so far:

Sunday 16/06/24: I spotted the issue and reported it to Samsung via webchat. They gave me a support case number and said I’d get a call from the escalation team within 24 to 48 hours.

Tuesday 18/06/24: I was contacted by the warranty service. I showed them a film of the fault, which they acknowledged, but they told me that the warranty service only handles warranty repairs and advised me to contact the Samsung Shop for my consumer rights under the Consumer Rights Act 2015.

Later that day, I spoke with Samsung Shop Customer Service. They told me that Samsung didn’t have to adhere to UK consumer law and offered me an upgrade to a newer TV (no price given) or a 15% discount on the store. I wasn’t happy with this and asked for it to be escalated. They said I’d get a call back in 24 to 48 hours, but I haven’t heard back since.

Wednesday 19/06/24: I spoke with an advisor from Customer Solutions. She reiterated that the repair warranty supersedes the 2015 consumer rights, so they couldn’t offer a free repair, which I preferred. I pointed out that Samsung’s own terms and conditions state that they can’t exclude or limit their liability for breaches of the Consumer Rights Act 2015. Despite this, they only offered a chargeable repair (without telling me the cost), an upgrade to a newer TV (again, no price), or a 15% discount on the store. I asked to escalate the issue further but was told that Lauren was the highest point of contact. I later received an email confirming their stance on the 12-month warranty and chargeable repairs beyond that.

I’m feeling quite stuck and frustrated. Has anyone else had a similar issue with Samsung or another retailer? Any advice on how to proceed? I’m considering sending a "Letter Before Action" as my next step.

Thanks in advance for any help or suggestions!

pinkshoes

MsPennySaver said:

Later that day, I spoke with Samsung Shop Customer Service. They told me that Samsung didn’t have to adhere to UK consumer law and offered me an upgrade to a newer TV (no price given) or a 15% discount on the store. I wasn’t happy with this and asked for it to be escalated. They said I’d get a call back in 24 to 48 hours, but I haven’t heard back since.

I'd suggest you point them back to their own website on the "about us" section where the first line is:

"Samsung is committed to complying with local laws and regulations"

https://www.samsung.com/uk/about-us/company-info/

I'd go ahead and send a letter before action. You're entitled to a repair, replacement or refund but the choice is theirs. As its over 6 months old you will also need a report stating the fault was inherent and not caused by you. They will have to reimburse you for this if it shows an inherent fault.

I'd email them pointing all this out to them and see what they say, and if they don't help then send the LBA.

MsPennySaver

pinkshoes said:

MsPennySaver said:

Later that day, I spoke with Samsung Shop Customer Service. They told me that Samsung didn’t have to adhere to UK consumer law and offered me an upgrade to a newer TV (no price given) or a 15% discount on the store. I wasn’t happy with this and asked for it to be escalated. They said I’d get a call back in 24 to 48 hours, but I haven’t heard back since.

I'd suggest you point them back to their own website on the "about us" section where the first line is:

"Samsung is committed to complying with local laws and regulations"

I'd go ahead and send a letter before action. You're entitled to a repair, replacement or refund but the choice is theirs. As its over 6 months old you will also need a report stating the fault was inherent and not caused by you. They will have to reimburse you for this if it shows an inherent fault.

I'd email them pointing all this out to them and see what they say, and if they don't help then send the LBA.

They already confirmed the inherent fault via a video during a chat with the warrenty department. Also pointed out to them thier own terms and conditions and was meet with "still does not apply". I would love to e-mail them but despite hours of hunting i cannot find an e-mail to send any of this to. 4 phone calls and getting bumped about is making me feel quite stuck. Im happy to take this all the way if needed but i just want to make sure ive followed all the steps i can.

born_again

Ignoring the fact they are wrong on warranty supersedes consumer rights. You are not entitled to a free repair on a 2 1/2 year old TV.

MsPennySaver

born_again said:

Ignoring the fact they are wrong on warranty supersedes consumer rights. You are not entitled to a free repair on a 2 1/2 year old TV.

I would strongly argue that a 2 1/2 year old expensive TV sould be more durable and thefore fails under Section 9 (3e) of the Act. Because of that i can ask for repair, replacement or refund (their choice). How long would you expect an expensive Tv to last for without a fault?

Specificaly states : 

If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

born_again

MsPennySaver said:

born_again said:

Ignoring the fact they are wrong on warranty supersedes consumer rights. You are not entitled to a free repair on a 2 1/2 year old TV.

I would strongly argue that a 2 1/2 year old expensive TV sould be more durable and thefore fails under Section 9 (3e) of the Act. Because of that i can ask for repair, replacement or refund (their choice). How long would you expect an expensive Tv to last for without a fault?

Specificaly states : 

If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

But where does it Specificaly state FREE repair?
Don't forget that if they refund they can make a deduction for the 2 1/2 years usage you have had.

Rodders53

Led lights and their drive circuit electronics can fail due to use and old age at any time and may not / will not be an 'inherent fault',  

I doubt that any reputable repairer will state that it was inherent.  But one engaged to investigate may be able to repair and give an estimate before doing so?

Should have purchased from someone giving a 5/6 year warranty rather than Samsung direct with only 12 months.

the_lunatic_is_in_my_head

born_again said:

But where does it Specificaly state FREE repair?
Don't forget that if they refund they can make a deduction for the 2 1/2 years usage you have had.

Umm 

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)

Repairs under CRA as a remedy should be without charge

I know I've asked before, but isn't the Samsung retail site actually run by another company in Ireland? 

born_again

the_lunatic_is_in_my_head said:

born_again said:

But where does it Specificaly state FREE repair?
Don't forget that if they refund they can make a deduction for the 2 1/2 years usage you have had.

Umm 

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)

Repairs under CRA as a remedy should be without charge

I know I've asked before, but isn't the Samsung retail site actually run by another company in Ireland? 

Thanks. 👍
Pretty sure it is. From the other thread, unless that related to the payment co. (can't remember wwho it is that takes them)

Although
These Terms and Conditions are governed by English law and wherever you live you can bring claims against us in the English Courts. If you live in Wales, Scotland or Northern Ireland you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

https://stg-images.samsung.com/is/content/samsung/assets/uk/terms-of-sale/terms-and-conditions-of-sale-120424-290524.pdf

ThumbRemote

Rodders53 said:

Led lights and their drive circuit electronics can fail due to use and old age at any time and may not / will not be an 'inherent fault',  

I doubt that any reputable repairer will state that it was inherent.  But one engaged to investigate may be able to repair and give an estimate before doing so?

Should have purchased from someone giving a 5/6 year warranty rather than Samsung direct with only 12 months.

Failing due to use and old age is basically the definition of an inherent fault.

The consumer rights act doesn't even include the word 'inherent' - it talks of something conforming to contract. If the goods don't confirm to contract at the time they were sold, even if the fault is only visible later on, the consumer has the right to a remedy. 'Inherent fault' is shorthand for this. 

One of the definitions of conforming to contract is "satisfactory quality" which includes the term "durability". As in the OPs case, if expensive goods fail due to normal use after a relatively short period, then by definition they are not of satisfactory quality. 

The opposite of 'inherent fault' is 'misuse' - something that fails because it's been abused or damaged by the end user. This does not appear to be the case here, nor is it part of your definition. 

Rhyobit

Did you get anywhere with this OP?  I've just had to raise a complaint with Curry's for almost exactly the same thing on a TV purchased in Nov 2020.  It already had one failed LED in Feb 2021, and almost everywhere is littered with similar reports for backlight failures.  The consensus seems to be that they're just not built to last for more than a few years where the LED backlight is on full, which it is by default.