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Any Advice ?

Meangreenie Avatar
6y, 7m agoPosted 6 years, 7 months ago
I have a problem with my 23 month old Toshiba 37" LCD, a white patch in the centre/bottom of the screen. I submitted a support request with Toshiba who sent back this....

"Dear Mrs xxxxxxxxx
Call Reference: 70122298

Thank you for your recent enquiry regarding your Toshiba 37AV503DB.

This unit is now out of the scope of warranty and we would not be able to provide a free repair for this fault.

Please follow the steps below so that you can get in contact with you nearest Toshiba approved Repairer who will be able to advise a price for parts and labour :

1. Go to http://tesc.toshiba.co.uk
2. Select Customer Access
3. Select Find A Service Centre
4. Use the map to locate your nearest Repair Agent.

I wish to assure you that Toshiba products are built to a high standard and have an excellent record of reliability. Unfortunately that is not to say the need for service attention will not arise. No manufacturer can completely eliminate the possibility of component failure at any time during the working life of any electrical equipment."



... so as the topic, any advice ?

thx for reading
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Meangreenie Avatar
6y, 7m agoPosted 6 years, 7 months ago
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(26) Jump to unreadPost a comment
Comments/page:
#1
Threaten court action. Should have lasted more than 23 months.
#2
I think i comes under fit for purpose act.
#3
Flannel them. Tell them you bought Toshiba because of their outstanding reputation and truly felt their product would last longer...didn't they think that 23 months was not their usual standard?
A cheaper manufacturer perhaps, but not one with their proven record of reliability, a known Brand.
Appealing to their possible chance of granting good service outside of warranty stands more chance than demands and abuse. [ particularly when you don't have a leg to stand on ]
Don't deal with C/S, send a letter marked , 'Private and Confidential' to the Managing Director of Toshiba UK.
#4
Wrong!!!!!! Warranty is warranty. They know the law and such threats would be treated from their position of strength. [and incur costs by meangreenie]
#5
Dellboy182
I think i comes under fit for purpose act.


SOGA.

Durability

Durability is another recent addition to the definition of quality. How long should a dishwasher or a vacuum cleaner or a printer last? This is a very common source of complaint and one which manufacturers were always quick to turn back on the consumer, requiring them to provide proof that the item did not conform to contract specification from the start, or implying an element of misuse or neglect. Thanks to the new European Regulations, UK law now offers greater protection for consumers against products which develop faults within the first 6 months. The assumption is now that if it breaks down within this time period it cannot have conformed to the contract specification when purchased and you have the right to an automatic repair or replacement. Having said this, items which should last several years can still break down after this six month period. If the retailer or manufacturer’s warranty has run out, the shop is often quick to say there is nothing they can do before attempting to sell you an extended warranty. This is misleading. If you buy something which should last 7 years but breaks down after a year and a day, you can still claim it was of poor quality in reference to the durability aspect. In this respect it will help to know how long items such as washing machines or printers should last. You can get this information relevant trade association
#6
mimosasttropez
Wrong!!!!!! Warranty is warranty. They know the law and such threats would be treated from their position of strength. [and incur costs by meangreenie]


Warranty is nothing but a smokescreen.
#7
It was 'fit for purpose' during the period of the warranty. No case.
#8
Talk to your local citizens advice centre
#9
Thanks for the replies everyone.

I did think about starting a visa chargeback but maybe this is unfair on the company I bought it from, TribalUk.com, who have done nothing wrong. I'm going to reply to their response with your comments in mind, hopefully they may change their minds and just fix it.


again, thx
#10
mimosasttropez;8438047
It was 'fit for purpose' during the period of the warranty. No case.

I got an 18 month xbox 360 changed before E74 was covered by microsofts extended warranty due to the SOGA. You can get upto 7 years potection (I think) outside of warranty.
#11
mimosasttropez
It was 'fit for purpose' during the period of the warranty. No case.


Not really. One would expect a tv to last longer than 12 months.
[mod]#12
mimosasttropez
Wrong!!!!!! Warranty is warranty. They know the law and such threats would be treated from their position of strength. [and incur costs by meangreenie]


mimosasttropez
It was 'fit for purpose' during the period of the warranty. No case.


No. You are wrong. Before you start trying to give advice, get the facts right.

OP - exhaust all avenues with complaints procedure etc.

When you have done that, read up on the Sale of Goods Act 1979. If you Google it you can download it from BERR or Direct.Gov.

Here is a link for you:

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_1

If you have any questions then you can PM me and I will see if I can help.
#13
buy a new tv or drop it and claim it on home insurance :thumbsup:
#14
home insurance? possible excess to pay, loss of no claims bonus and higher renewal premium

SOGA is not a 6 year warranty. after 6 months of ownership, you will need to prove beyond a doubt that the product has failed to last a reasonable amount of time, due to a manufacturing defect.

this would be done by getting an independent report submitted to Toshiba stating what the problem was and how it was caused (badly made circuit board for example)
they may want you to submit the TV to their own engineers to see if they agree, if they do, you can discuss a new TV, refund based on the age of the TV etc etc.

if the TV is shown to have failed due to normal wear and tear, customer misuse or negligence, you will have no case.

you have up to 6 years from the time of purchase to start a complaint with the sale of goods act, but it doesnt guarantee success.
it COULD be a long road to go down, depending on why the TV has failed.

its best to get an engineers report stating what the cause of the problem is.
#15
OK...example, last year a friend's camera became faulty. It was a Canon and 30 months old. He's a solicitor and went your route...he got no-where. Mine became faulty, it was 4 years old but lightly used and I sent a letter as advised above. Result? A full and free repair and a service as well as complimentary batteries....
It's better to give advice from first hand experience.
#16
not even remotely the same.
were the 2 cameras identical, did they have an identical fault?

i do give advice from 1st hand experience of being in the retail trade dealing with PCs and laptops for over 10 years, working for both an independent retailer as sales, then tech, to working for a large chain firm.

your proper route is to get the TV checked out and the exact cause of the problem specified, then submit it to Toshiba to see what they intend to do about it, quoting the sale of goods act and the durability clause.
#17
I had a Samsung 37inch LCD and it developed a fault with a shadow down the right hand side of the screen almost from top to bottom and similar to you mine was only 24 months old and I contacted Samsung who told to me to go to the seller which was Amazon and they told me to go to Samsung, I was going round in circles and nobody wanted to help so in the end I i bit the bullet and let my son have it (he was well pleased) and ended up getting a 42inch plasma.

I know this is not what you really want to hear but from my experience after the 12 months warranty is up you will get little or no help and you will find it very frustrating and time wasting.

Once again this is only my experience of a similar problem to you.
#18
the one piece of advice missing is that you do not go to toshiba you go to where you bought it from. If you use the soga you must have some form of contract with someone and you do not have one with toshiba they are a third party being a manufacturer you need to pursue the retailer. I had a faulty laptop and had an engineers report but you will be entitled to repair/like for like exchange/ partial refund if you get a report showing a fault from manufacture but its not easy
#19
"I wish to assure you that Toshiba products are built to a high standard and have an excellent record of reliability. Unfortunately that is not to say the need for service attention will not arise. No manufacturer can completely eliminate the possibility of component failure at any time during the working life of any electrical equipment."[/B]"


Use their own letter, and words against them. Agree that Toshiba is indeed usually a reliable product, and that yes you cannot eliminate the possibility of component failure within the working life of the equipment. Point out that the working life of this tv is expected to be at least 5 years, and that is why in UK law you have up to 5 years within which you have the right to have it repaired free of charge due to an inherent component failure, rare as it is.
banned#20
mimosasttropez;8438038
Wrong!!!!!! Warranty is warranty. They know the law and such threats would be treated from their position of strength. [and incur costs by meangreenie]

oh man, you are so wrong! Dont give advice if you dont know what you are talking about. Comparing a 23 month old TV to a 4 year old camera is laughable :whistling:
#21
059
"I wish to assure you that Toshiba products are built to a high standard and have an excellent record of reliability. Unfortunately that is not to say the need for service attention will not arise. No manufacturer can completely eliminate the possibility of component failure at any time during the working life of any electrical equipment."[/B]"


Use their own letter, and words against them. Agree that Toshiba is indeed usually a reliable product, and that yes you cannot eliminate the possibility of component failure within the working life of the equipment. Point out that the working life of this tv is expected to be at least 5 years, and that is why in UK law you have up to 5 years within which you have the right to have it repaired free of charge due to an inherent component failure, rare as it is.


who exactly specifies the working life of this TV is at least 5 years?
did Toshiba say that?
you have up to 6 years to make a claim but there is nothing to say how long an items life span should actually be.
should a £10 kettle or toaster last 5 years?
should a TV costing £300 last longer than a one costing £1000?

its not unreasonable to expect a TV to last 5 years from new, but theres nothing set in stone to say it should/will

the proving of the component failure is the hard part (in some cases), is it normal wear and tear?
if it is, could you say that the product wasnt fit for purpose because that part failed at 23 months?
has the TV been misused or neglected in any way, EG, is it full of dust, nicotine etc?

this is where your engineers report comes it, it should state categorically what the problem is and what in their qualified opinion was the actual or most likely cause of the fault.
#22
"who exactly specifies the working life of this TV is at least 5 years?
did Toshiba say that?"


Yes actually, they and every other tv manufacturer state this. The minimum expected life from the most likely component to fail is 10,000 hours, which by all standards equates to an average of about 5 years.
#23
059
"who exactly specifies the working life of this TV is at least 5 years?
did Toshiba say that?"


Yes actually, they and every other tv manufacturer state this. The minimum expected life from the most likely component to fail is 10,000 hours, which by all standards equates to an average of about 5 years.


can you show me where?
#24
slackrat77
can you show me where?


An example of my LG...

Life Span (hr)
100,000 (Standard Mode/50% of Brightness/Panel Only)

But as it seems the OP actually HAS a panel problem.....
#25
cool, cheers for that.

t might also be worth the OP researching into whether this particular model has had problems, had be recalled or has a history of reported inherent faults.
#26
I think that consumers are getting a bit mixed up regarding the 6 year claim.

Yes, you can claim a free repair upto 6 years after purchase, but only if you have proof that the item in question had a fault during the intial warranty period. ie: Something became faulty, you contacted the retailer who had it repaired under warranty, but since then it is not as good as it was before the fault.
Providing you have paper work ie: email, letter stating that the fault incurred during the manufactures warranty ie: 1 - 2 years, then you can claim upto 6 years.

If something has worked fine, then you cannot just claim after 6 years.

Regarding the issue with chargeback. As the person has contacted the manufacture ie: Tosiba, and not the retailer, should the person now go for a chargeback, you can be charged with fraud as you did not give the retailer a chance to solve the problem.

And, for the person who said "buy a tv, drop it and claim of insurance" - this is the reason why we pay so much insurance in the UK.

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