Faulty 3 Year old TV

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  • treasach
    treasach Posts: 85 Forumite
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    Hi all, just to give you an update, finally had a response from Crampton & Moore 8 days over my original deadline,

    They are now challenging the report by the engineer, advising it needs to be on their approved agent list. The TV engineer advised me they would try this and to tell them if they want to pay for their own engineer to come out, then they can, but they won't want to as it will cost them a fair chunk, he said if they decline to instruct their own engineer then they can't challenge his report?

    Does that sound right?
  • angryparcel
    angryparcel Posts: 926 Forumite
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    treasach wrote: »
    Hi all, just to give you an update, finally had a response from Crampton & Moore 8 days over my original deadline,

    They are now challenging the report by the engineer, advising it needs to be on their approved agent list. The TV engineer advised me they would try this and to tell them if they want to pay for their own engineer to come out, then they can, but they won't want to as it will cost them a fair chunk, he said if they decline to instruct their own engineer then they can't challenge his report?

    Does that sound right?
    You can get an Independent report from any company you wish (notice what i highlighted) as an engineer on their list is not Independent, and will be bias towards them
  • treasach
    treasach Posts: 85 Forumite
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    edited 9 June 2017 at 1:50PM
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    I was going to reply with

    If you would like to instruct your own "approved" agent please feel free to do so at your own cost. But as far as I'm concerned the independent report carried out by #### is more than sufficient
  • warehouse
    warehouse Posts: 3,362 Forumite
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    This won't help you OP but worth noting for your next TV purchase. My last TV came from Richer Sounds. A month shy of being 5 years old it packed up. Richer Sounds took it in for evaluation, couldn't get the parts to fix it so gave me a brand new TV with a new 5 year warranty.

    IE buy from somewhere with good customer stories about how things are dealt with when they go bad.
    Pants
  • treasach
    treasach Posts: 85 Forumite
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    warehouse wrote: »
    This won't help you OP but worth noting for your next TV purchase. My last TV came from Richer Sounds. A month shy of being 5 years old it packed up. Richer Sounds took it in for evaluation, couldn't get the parts to fix it so gave me a brand new TV with a new 5 year warranty.

    IE buy from somewhere with good customer stories about how things are dealt with when they go bad.

    Completely agree, at the time I'd just bought a house so was transfixed by price which has bit me in the bum
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    treasach wrote: »
    I was going to reply with

    If you would like to instruct your own "approved" agent please feel free to do so at your own cost. But as far as I'm concerned the independent report carried out by #### is more than sufficient
    Yes, just add those few lines into your LBA.

    Don't let their tactics delay you further.
  • treasach
    treasach Posts: 85 Forumite
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    I'd already sent the LBA so I put on the bottom

    "to make you aware as you missed my stated response time by 8 days, the LBA is on the way"
  • treasach
    treasach Posts: 85 Forumite
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    Oh now its I need a Samsung Approved agent!!! changing their tune again!
  • naedanger
    naedanger Posts: 3,102 Forumite
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    treasach wrote: »
    Hi all, just to give you an update, finally had a response from Crampton & Moore 8 days over my original deadline,

    They are now challenging the report by the engineer, advising it needs to be on their approved agent list. The TV engineer advised me they would try this and to tell them if they want to pay for their own engineer to come out, then they can, but they won't want to as it will cost them a fair chunk, he said if they decline to instruct their own engineer then they can't challenge his report?

    Does that sound right?

    Sounds like your tv engineer is right.

    The other party are entitled to seek their own report at their cost. So you should make the tv available for inspection if they wish, and at their cost.

    If they don't do this and the matter goes to court then the court will decide based on the evidence.

    I suspect the court would regard your testimony plus the report you commissioned to be sufficient to prove your case in the absence of any report from the other party.

    If the other party do decide to pay for a report that disagrees with your report you could still take them to court and the court would again decide based on all the evidence what to believe.

    Either party can challenge the other party's evidence so either party could challenge the qualifications or independence of anyone undertaking a report. (However this is a small claims matter so the court won't be expecting a report from some expert in the field merely a competent, unbiased report.)

    As others have said tvs are generally expected to be very durable so I would have thought in the absence of physical damage, and in the absence of any report suggesting evidence of misuse, you would win a partial refund. (But of course that is just my layman's view.)

    Just seen your post about a Samsung Approved agent. I would again leave that for the retailer to pay. (If they ask you to agree to pay the cost of the report should they find the problem was not inherent then refuse. You already have the evidence you need. Plus a Samsung Approve agent may have a vested interest to keep Samsung sweet.)
  • treasach
    treasach Posts: 85 Forumite
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    Sorry could I have a bit of advice on my next response please, her reply is

    "After the first six months the burden is on the customer to prove that the product was faulty at the time of delivery and it needs to be with a registered approved repair agent."
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