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Faulty Samsung TV can I claim a section 75 resolution?
I bought a £1500 65 inch TV from Samsung online shop and paied via Samsung Glow finance. IIt developed shodows within a year, an engineer visited and said it was faulty and repaied it. Within a year it happened a gain and another enginer visit and replacment screen. It happened again and they said I can have another engineer visit at my cost and a repair at my cost or 10% a new TV. They said I have no rights under the consumer rights act 2015. I have complete payment for this now.
I am looking for a partial refund or a like for like replacment as the device is not of good quality and has not lasted for a reasonable length of time. I don't want another repair as I havce no faith in this device.
Samsung Glow have not replied their investigatio yet and the denial of my cunsumer rights are pitched from the samsung shop.
Comments
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Initial purchace was 2022
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Since it has now broken down for the third time your consumer rights are indeed to tell Samsung that you now want a refund.
They can reduce the refund for the amount of use you have had since purchase in 2022. Exactly how much is not defined in CRA2015 but a commonly accepted figure is a reduction of about 20% for each year so you should expect upwards of £300.
They might challenge your claim and say the reason for failure is something you have done such as stressing the screen when lifting the set onto a wall bracket. If they dispute your claim you would need to pay for a report from an independent TV repairer but you could claim the cost back if the report supports your claim that the breakdown is due to an inherent fault.
If Samsung are not co-operative you can make a claim under s75 from Glow since they are jointly liable with the retailer for delivering your consumer rights. You have that right because they initially financed the purchase, whether you have since paid off the loan makes no difference.
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Is a £1500 TV really only expected to last 5 years these days?
The TV is our bedroom is over 15 years old and still going strong.
In the game of chess you can never let your adversary see your pieces0 -
Faulty Samsung TV can I claim a section 75 resolution?
Samsung Glow have not replied their investigatio yet and the denial of my cunsumer rights are pitched from the samsung shop.
If you've already referred the matter to Samsung Glow for investigation then you're effectively already trying to exercise your rights under s75, as this simply grants you the same rights against the creditor as you have against the supplier.
If Samsung Glow reject your claim then you have the option of escalating to the Financial Ombudsman Service.
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Thank you for your advice on this matter.
It shouldn't be allowed that the shop support team are advising that I have no legal rights and citing the law where my right sit.
Only by watching Marin Lewis and sis SAD FART guidance made me dig in a little.
The TV was discounted to me, not that it makes a difference to the claim, but this was a flagship TV that rrp was £2700.
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What was the reason for the discount, is that the reason the CRA might not apply?
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RRPs are set when the TV is launched… each year they are announced at CES in January, typically launch in Mar/Apr time and from July onwards will be ever more discounted but the RRP will always stay the same price until the next models are actually released. It's therefore a bit of fake news when you see in December that TVs are often universally 50%, in reality the RRP has fallen because the new models are about to be announced, they've stopped making the old models and are clearing stock ready for the new ones.
Any refund can be discounted to reflect the use received and will be based on the price you actually paid not some fake RRP. The law doesnt say how use should be calculated, empirical evidence seems to be that most seem to be doing a straight line over 6 years so depending on exactly when you bought it then you may be looking at a refund of circa £500
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Agree, £1200 is a very generous discount.
Life in the slow lane1 -
Things were built to last then.
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Its a very standard discount if you are buying Nov-Feb sort of timescales, the current QN85F in 65" was £1,999 at launch by July it was down to £1,599 and now its routinely sold at £1,299 with some special offers taking it down to £999
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