Expired

TV Broke down 6 months outside of warranty, do I have a claim?

16
Found 6th Aug 2013
Hi HUKD,

I'm hoping some of the rights savvy users here might be able to help.

I have a 40" TV that I bought from Tesco for £299 on the 6th July 2011. It states on the receipt that it comes with a standard 1 year warranty. There was also a leaflet inside that said I could get a 6 month extension to the warranty simply by registering the device with UMC.

So a few days ago, the TV just started powering on and off by itself, the panel would just barely come on, and then turn off again, the only way to stop it was to turn the power off at the wall.

A day or so later I tried turning it back on, it automatically switched on and stayed on. I found when I tried to power it off with the remote it would turn itself back on. I left it on for a while and eventually it started powering off again as well.

This isn't any kind of fault with the remote, as I even took that right out of the room just in case it was something silly like that.

As it stands the TV is just 2 years old and unusable. It's on a surge protected socket, and has had less than average use. By that I mean it's lucky if it's seen 3 hours a week usage. I actually use it more for my PC than TV.

I know I read somewhere under law you can claim for a warranty repair even if you're out of warranty because you reasonably expected something to work for longer than the warranty period. I think anyone would agree that a TV should last 5+ years.

I also read up on Martin Lewis' Section 75 article( moneysavingexpert.com/sho…ses ), telling you that you can get your credit card company to cover this as well, though it might be a bit of a fight. (I bought it with a Lloyds TSB Mastercard).

I was wondering if anyone had any advice about how I should approach this first. I know fine well that Tesco will tell me it's out of the 1 year warranty. UMC themselves guaranteed it until February 2013, but they also gave you the option to buy one of those £39.99 """Lifetime Warranties""", so I'm pretty sure I'm going to get told if I didn't buy that then I can't claim.

They have an out of warranty repair service( umc-uk.co.uk/fix…php ) which conveniently lists my problem, and that it can be fixed for the bargain price of £144, nearly half the cost of the whole TV 2 years ago.

I'm pretty sure I have a case here under consumer law, to reasonably expect my TV to last for more than 2 years. But would like to hear your thoughts and any advice on who I should approach. Should I just cut straight to the Credit Card company?

I'm not adverse to a fight, but it does put my blood pressure up, so I'd like the path of least resistance

Thanks for your time.

Edit

In the end based on advice I contacted Tesco Technical support. They informed me that I had a claim against them for the faulty TV. They're sending me £90. It's better than nothing. It was definitely worth calling.
Community Updates
  1. Ask
  2. Tesco
  3. TV
Groups
  1. Ask
  2. Tesco
  3. TV
16 Comments
Home insurance?
I have the same tv, not had any issues with mine as yet and bought it from Currys. You should try contacting Tesco customer services and explain to them. May be worth researching the batch of faulty PS3s consumers managed to get Sony to replace under the Sale of Goods Act as they were not fit for purpose after a couple of years. Good luck with it though, I'd be fuming if my TV broke after 2 years.
Check the European directive guarantees/warranties. Unless its changed it said that all consumer goods are guaranteed for 2 years everywhere in the EU. I would print a copy of it and take it to Tesco and ask them. If they can't give you an answer, ask them to report it or log it and say you will get back to them about it. Take their names too. Then take it higher up the management chain and their head office. You could tell them that you don't want a refund but would accept a repair. Also phone the credit card company for the form to make your claim as it wont hurt to get it started now if Tesco are not going to do anything. Good luck.
the u.k. has 6 years of cover... but there are caveats.

Items should have a reasonable life span, so a cheap throw away item obviously can never be deemed to have anywhere near 6 years reasonable life, but i'd say a tv would.

The trouble comes from the fact that within 6 months the retailer/whoever has to prove it isnt faulty, outside of 6months you have to prove it is from a defect/bad workmanship/whatever... not sure how you would go about that...details are on martins money site...as far as i know, the 2 year eu thing doesn't apply here as we have our own system which trumps it...like i said, with the caveats mentioned.


*edit* just read the entirety of OP's post, I, should pay more attention before offering suggestions lol...good luck op.
Edited by: "dazzer1975" 6th Aug 2013

There is no path of least resistance. The first thing to do is contact CS and explain the issue. If I remember correctly, you have to phone a central number for electrical stuff with Tesco so you may find they're aware of a problem with that model and roll over right away. If they resist then explain your rights under SOGA 1979:

Of satisfactory quality - Goods are of satisfactory quality if they meet … Of satisfactory quality - Goods are of satisfactory quality if they meet a standard which a reasonable person would regard as being satisfactory, taking account of any description applied to them, the price (if relevant) and all other relevant circumstances. Satisfactory quality also includes the state and condition of the goods, their fitness for the purpose for which they were supplied, appearance and finish, their safety and durability and whether they are free from minor defects.



A reasonable person would expect a TV (even a cheap one) to last more than 2 years nowadays. Reject any argument about extended warranties - SOGA gives you rights that don't need an extended warranty. If they won't budge, then you'll have to consider whether it's worth getting an expert opinion, getting it repaired and making a small claim for the costs. I'd suggest for a TV at that price, your best hope lies in negotiating with Tesco. I find that a friendly, good-humoured approach is more successful than Mr/Mrs Angry!

ETA - I'd be surpised if your credit card company will provide a refund after 2 years of trouble-free use. When they get a claim, they do contact the company in the dispute. If Tesco hold their argument e.g. that it's a cheap TV out of warranty, I doubt you'll succeed. As far as I'm aware the credit card company can only give you a full refund, not the repair cost or a partial refund so I still think your best option is with Tesco as they have the flexibility to offer alternatives.
Edited by: "ceres" 6th Aug 2013
Original Poster
I appreciate all the answers here. It looks like it is something of a grey area.

On one hand, a TV should last more than 2 years, on the other, it's hard to attribute it to a defect 2 years ago.

I will try tesco first and see where it goes.

Will report back
Bought a sharp tv from Sainsburys was around 4 months out of warranty when it broke. Emailed Sainsburys as the manufacturer didn't care. Quoted a load of sales of goods act and stated a £425 tv should last a lot longer especially such a well known brand. Eventually I paid a engineer to look at it (£20) and it was an inherent fault so not my fault and Sainsburys refunded me everything including engineer costs
Get a priest.

Sounds like a poltergeist to me... oO
Original Poster
Phsycronix

Get a priest.Sounds like a poltergeist to me... oO



It all makes sense now, thank you, you've given me another avenue to look down.
Sorry Darkle. My silly sense of humour strikes again! I immediately thought of the movie "Poltergeist" when I read your post.

As to your problem - I dare not comment. I used to work for an electrical retailer sorting out problems like yours, so my point of view would probably go down on here like a brick through a plate glass window!

I will however say - good luck, my friend.
It really does pay to buy TV's from John Lewis.
Original Poster
Inactive

It really does pay to buy TV's from John Lewis.



And from Tesco it seems.

Phoned them up, and told them the problem. They took the details of the TV, the receipt number etc, then to my utter shock, HE told me I had a claim against Tesco under the Sale of Goods act. I didn't even need to bring it up.

So it now gets referred to a team who will look at the intrinsic value based on a 2 year old TV, they'll work out what it's worth and either pay me for that, or they'll pay for a repair at no cost to myself.

I'll post back what finally happens, but thanks for the help everyone.
warranty has no effect on your consumer rights just has time pasted has no effect on if a item should be suitable for purpose. I think TVs today are expected to last longer then 2 years so yes you have a claim. You should write to all parties, Tesco, The TV makers and your credit card company is applicable. I would say you asked for a well built TV that should last and also say it's not had exessive use and not been moved. Very least you should settle for is free repair or part payment to a new one.

We had this with a Sony a few years back and they sent us a voucher of about 50% of a new TV.
Darkle

And from Tesco it seems.Phoned them up, and told them the problem. They … And from Tesco it seems.Phoned them up, and told them the problem. They took the details of the TV, the receipt number etc, then to my utter shock, HE told me I had a claim against Tesco under the Sale of Goods act. I didn't even need to bring it up.So it now gets referred to a team who will look at the intrinsic value based on a 2 year old TV, they'll work out what it's worth and either pay me for that, or they'll pay for a repair at no cost to myself.I'll post back what finally happens, but thanks for the help everyone.



Well, that's on the way to a good result!
Original Poster
I just want to reply and thank everyone for their help and comments.

Tesco contacted me and are giving me £90. It's not the best ending to this, but it's not the worst either.

I asked the guy how they calculated the devaluation and it's done per year, so had it broken a month earlier I would have got some more, but it's 2 years and a little under a month old so it's less.

£90 is better than nothing, which I think is what a lot of people would get because they just don't know their rights, or think it's out of warranty and they're out of luck.

A repair by the TV company itself is £100 as it turns out (not £144 as I previously thought), so that does leave me with the option of getting it repaired for as little as £10, or £90 towards a new TV.

Thanks again to all who took the time to respond.

Cheers.
Banned
hey my tv has gone! owning it after 1 and a half hears too!!
iv purchased extended warranty for £200 and tv is for £699 they said they would give a replacement. the replacement tv is for £579, they wont give me more tv or they said i can have £579 the value of the replacement tv!
HELP NEEDED PLZ
Post a comment
Avatar
@
    Text

    Top Discussions