Faulty TV - Outside of Warranty ? - Consumer Rights Act

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darren72
darren72 Posts: 1,288 Forumite
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I know a little bit about the Sale of Goods Act and have found out that it has since been replaced by the Consumer Rights Act.

We purchased a Smart TV from Currys PC World in December 2013 for £550.

Over the last few weeks it has started to develop a fault where towards one corner of the TV (top edge towards the right) there is a foggy dark patch. This is mostly visible when there is a white background.

My questions are therefore:

1. As the TV is now 3 years 8 months old is this too long to expect to be able to get it repaired/replaced via the Consumer Rights Act ? - How long would be 'reasonable' in terms of expecting a TV to last ?

2. The TV has been looked after, hasn't had any damage to it, knocks or drops or anything similar so I assume the fault has been caused by a faulty component.

It has been a few years since I have had to claim for anything like this and although I have previously been successful, I'm not sure whether I am expecting too much given the age of the TV.

Any comments and/or advice would really be appreciated.

Thanks in advance,
«13

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  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    It's not too long, but you'd need to balance the likely partial refund (maybe one third of the original price) against the cost of obtaining an independent report that may say that the fault is not inherent and therefore there is no claim to be made.
  • KeithP
    KeithP Posts: 37,817 Forumite
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    edited 8 September 2017 at 2:33PM
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    As Agrinnall said, but also note that the Sale of Goods Act applies to all sales before 01 October 2015.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
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    agrinnall wrote: »
    It's not too long, but you'd need to balance the likely partial refund (maybe one third of the original price) against the cost of obtaining an independent report that may say that the fault is not inherent and therefore there is no claim to be made.

    I wouldn't even expect a third for a budget end TV that is almost four years old, it's probably worth £100-£150 at the most, possibly less if it was a 47"+ screen for that original price.
  • SouthUKMan
    SouthUKMan Posts: 383 Forumite
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    Due to the age of the TV, any claim would be under the Sale of Goods Act (for goods bought before end of September 2015) and not the Consumer Rights Act. Any claim would be against the retailer and not the manufacturer, and you have six years from the date of purchase to make a claim.

    However, in reality, I would suggest that most retailers are going to instantly dismiss any claim for a TV that's nearly four years old (I recently read that on average people keep a TV for five years). You would therefore need to go down the route of getting an independent report to show that the TV was not of satisfactory quality / has an inherent fault, etc. You will need to pay for this report (likely to be £60 upwards) - and don't assume that just because you are paying for the report and that the TV has developed a fault, that a technician will automatically find in your favour. He / she might not.

    If the report finds in your favour and the retailer accepts the report's findings, then the retailer is likely to make quite a substantial deduction for the use you've already had out of the TV. Four years use when the average lifespan of a TV is five years - at best I reckon you would be very lucky to get £100 back plus the cost of the report. That's if the retailer accepts your findings...

    ...otherwise you will need to bring a case in the small claims court. Is it a battle worth having? Personally I would just take it on the chin and buy a replacement TV. Four years isn't bad going and I can foresee a lot of hassle for the sake of what is likely to amount to £100 or so.
  • darren72
    darren72 Posts: 1,288 Forumite
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    I just wanted to follow up on this. Currys/PC World got back with the following offer:

    "I do appreciate that the manufacturing defects may not manifest themselves until after the initial warranty period has expired.

    In view of this, we would like to inspect the television to diagnose the cause of the fault for which a payment of £95.00 is required. This is for us to collect and assess the unit at our repair centre. Should a manufacturing defect be found, the fee will be refunded and the product repaired at no cost."

    Does anyone know whether this is fair, and whether they are going to just turn around and say it isn't a manufacturing defect ? - Surely, it is in there interest to 'decide' it isn't !?

    Thanks in advance
  • powerful_Rogue
    powerful_Rogue Posts: 7,555 Forumite
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    darren72 wrote: »
    I just wanted to follow up on this. Currys/PC World got back with the following offer:

    "I do appreciate that the manufacturing defects may not manifest themselves until after the initial warranty period has expired.

    In view of this, we would like to inspect the television to diagnose the cause of the fault for which a payment of £95.00 is required. This is for us to collect and assess the unit at our repair centre. Should a manufacturing defect be found, the fee will be refunded and the product repaired at no cost."

    Does anyone know whether this is fair, and whether they are going to just turn around and say it isn't a manufacturing defect ? - Surely, it is in there interest to 'decide' it isn't !?

    Thanks in advance


    This is fair and normal. Of course, you can get your own independent report from a different repair company if you did not wish to use the Currys in-house team.

    What's the size and brand of TV?
  • lincroft1710
    lincroft1710 Posts: 17,669 Forumite
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    Your option would be to get an independent report but you would have to pay and if an inherent fault it should be refunded.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • firefox1956
    firefox1956 Posts: 1,548 Forumite
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    Bin it & move on.................
  • darren72
    darren72 Posts: 1,288 Forumite
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    powerful_Rogue wrote: »
    This is fair and normal. Of course, you can get your own independent report from a different repair company if you did not wish to use the Currys in-house team.

    What's the size and brand of TV?

    Thanks. It is a Toshiba 50" Smart TV.
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
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    So, just because the SoGA gives protection up to X years (Depending on Scotland or England/Wales) doesn't mean it should last that long.


    Honestly for a Toshiba TV, I'd probably say 4 years is probably what I'd expect it to last for.
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