Consumer rights question, faulty TV

26
Found 26th Apr 2015
I was bought a Technika 32' LED TV from tesco September 2013 as a Christmas gift (only used as of December 2013) and now the TV won't switch on at all, the flip switch under the TV itself to power it on and off doesn't respond and on the odd occasion it makes a crackling sound like a short circuit perhaps? I called tesco and they palmed me off with 'sorry we only do 12 month warranty' but I've read that for particular items the sales of goods act depends on the satisfactory quality of the item, I may be wrong but I'm just wondering if anyone can help me out as I don't think anything under 2 years is an acceptable lifespan for a television nowadays! Thanks for your help.
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found this on which...

Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.

So, you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did.

To do this you may need an expert's report, for example, from an engineer or a mechanic.

Always try to keep the cost of any report proportionate to the value of the claim and, if you can, try to agree on an expert you and the seller both agree has the necessary expertise.

which.co.uk/con…act
I had a Toshiba TV 16 months old when it developed a fault. Suppliers and Manufacturers said "tough it's out of warranty - I checked with Trading Standards they said there was nothing I could do. I got nowhere, hope you get a better result
Good luck with that. You're right about sale of goods, but no-one has told Tesco. We had a similar problem with a TV. After 2 years it wouldn't work. It cost £500 and Tesco offered us £40 off a new TV, stating that legally all they were obliged to do was give us the market value (for a 2 year old 2nd hand TV). We turned this down and even after threatening them with the small claims court they were adamant that the obligation of the supplier having to offer a repair/replacement/refund was entirely at their choice, not ours(we wanted a repair). Its still ongoing, but needless to say I haven't bought from Tesco or Tesco Direct since. I hope you get a satisfactory response and don't give up. Good Luck.
Can i ask if you paid for this using a credit card
fawcett

Can i ask if you paid for this using a credit card



Debit card
katturn

Good luck with that. You're right about sale of goods, but no-one has … Good luck with that. You're right about sale of goods, but no-one has told Tesco. We had a similar problem with a TV. After 2 years it wouldn't work. It cost £500 and Tesco offered us £40 off a new TV, stating that legally all they were obliged to do was give us the market value (for a 2 year old 2nd hand TV). We turned this down and even after threatening them with the small claims court they were adamant that the obligation of the supplier having to offer a repair/replacement/refund was entirely at their choice, not ours(we wanted a repair). Its still ongoing, but needless to say I haven't bought from Tesco or Tesco Direct since. I hope you get a satisfactory response and don't give up. Good Luck.



Got to hate these bullying fat cats, like they haven't got enough money already!
Edited by: "oldskooler75" 26th Apr 2015
Dam

Anyways

Q. I've heard that under European Union (EU) law I'm allowed a two year minimum guarantee on goods. Is that correct?
A.EU Directive 1999/44/EC states that all European Union member states must allow consumers to make a claim for faulty or misdescribed goods under their consumer rights for a minimum of two years. English law already allows you to make a claim for up to six years from the date you bought the goods and for up to five years in Scotland. Therefore if you buy any goods from any other EU member state, you can assume that you can make a claim for faulty or misdescribed goods for at least two years after. See the 'Buying goods - your rights' leaflet for more information.


Edited by: "fawcett" 26th Apr 2015
I got apple to fix a phone under the eu 2 year aggreement above
Unfortunately, its a very common problem (google it) that Tesco's are obviously aware of but just don't seem to care.

Actually,no just click here!.
Obidashi

I had a Toshiba TV 16 months old when it developed a fault. Suppliers … I had a Toshiba TV 16 months old when it developed a fault. Suppliers and Manufacturers said "tough it's out of warranty - I checked with Trading Standards they said there was nothing I could do. I got nowhere, hope you get a better result


Trading standards is a bit of a wet fish sometimes. I had a faulty motherboard that I sent off for a replacement and received a motherboard with some of it's CPU lugs snapped off. Trading standards said I didn't have a leg to stand on, phoned a solicitor for legal advice and ending up going to small claims court. Was hassle but I got my money back.
When I quoted The Sales Of Goods Act to Tesco relating to my faulty Asus MemoPad
that stopped working after 15 months of purchase (obviously out of warranty then)
they offered me 55% less than the original purchase price.
In essence I got £25 pounds back from them and they weren't prepared to budge on the offer.
Have you quoted the SOGAct to them?
maani12

When I quoted The Sales Of Goods Act to Tesco relating to my faulty Asus … When I quoted The Sales Of Goods Act to Tesco relating to my faulty Asus MemoPadthat stopped working after 15 months of purchase (obviously out of warranty then)they offered me 55% less than the original purchase price.In essence I got £25 pounds back from them and they weren't prepared to budge on the offer.Have you quoted the SOGAct to them?


It would be quite usual for any refund to be reduced by an amount to represent depreciation since purchase - the age and use to date mean that it loses value. With a claim along these lines you're looking at getting either a repair or a refund of an estimate of the item's depreciated value.
I remember speaking to a manager of game a few years back and he told me a customer had tried to return a faulty item which he had for over a year. the manager had refused to take it back so the customer had went to trading standards who then informed the manager he had to refund the customer. that was in Scotland don't know if the law is different in the rest of the UK
The moral of the story is do not buy Technika.
Thanks for all of your replies, I'm going to ring them today in terms of quoting the act in what context do I explain it as without knowing the consumer act inside out id feel a bit daft misquoting it? Thanks
Had A similar post a couple of weeks ago, from somebody who purchased a TV from Argos/ eBay, he seem to have pretty much the same response as you. Not sure how it turned out for him, but somebody did mention in the posts that the UK did not sign up to the EU soga agreement, not sure if that is correct or not. I personally got a price match from John Lewis and got a free 5 year warranty.
I had a problem with a tom tom I got from Tesco. had problems after 7 months and they refused to replace it. they said certain items aren't covered . will never buy electrical goods from them again.( got it fixed for a few quid, it was a sticking screen so if you pressed a letter you would get a row of them. )
had a problem with a dvd player a couple of years ago from Argos, it was just coming on to a year old, they replaced it with an alternative one, no questions asked. good customer service from argos as long as you have the receipt
you had any luck yet

.

fawcett

you had any luck yet


Received this response today from an email I sent last night (to Tesco)


As the unit is now outside of the 12 months warranty, I have raised an over 12 month claim for you.
These claims take into account the original value of your device and the age of it.
Once the claim has been processed, which usually takes around 5-7 days, one of our call-back team will contact you to advise the next steps and what they can do for you to help resolve the problem
See post #1. They are the only person talking sense on here. As always there are no end of people on here who pick and choose which part of SOGA suits their argument. Post #1 is correct. We did not sign up to the 2 year EU rule as we have SOGA.
Tesco called and have offered £60 as a gift card or a BACS payment
oldskooler75

Tesco called and have offered £60 as a gift card or a BACS payment



How much was the TV?
oldskooler75

Tesco called and have offered £60 as a gift card or a BACS payment




Ask them to give your £60.00 in clubcard points... use the next boost to double it.

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rev6

How much was the TV?



£139
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