Consumer Legal advice

[not my fault!]

Hi fellow blues..
Ok need some advice if possible? I purchased a brand new LED TV on 27/12/2010 so it's almost 2 years old.
2 weeks ago the screen developed a fault & stopped working. I contacted Comet who I bought it from to be told to go away. My view was my TV should under normal use last longer than 2 years. So I did some digging & found info on the sales of goods act & the EU directive 1999/44/EC that says all good bought in the EU must carry a 2 year warranty.
Long & short - Comet are refusing to do anything arguing that I must prove the tv was damaged at point of sale, they have also said that it's impossible to do! & on top I must use their team to look at it at a cost of £69.
I'm now thinking of going down the small claims route but have no idea how to do it or my chances? I'm claiming under the "fit for purpose" rule that states "all products must work for a suitable duration". My argument is 21 months is not suitable.
Some will say, buy a new tv, but money is tight & realistically I shouldn't have too. Samsung have said that Comet our who we need to deal with so I'm in limbo.
Cheers in advance
Steve

 

[SWP's back]

Have you not tried contact the makers of the TV mate? They are always my first call if something happens after the first month or so.

 

[ob]

check this out mate

<a class="postlink" href="http://www.moneysavingexpert.com/shopping/how-to-complain" onclick="window.open(this.href);return false;">http://www.moneysavingexpert.com/shoppi ... o-complain</a>

 

[not my fault!]

Have you not tried contact the makers of the TV mate? They are always my first call if something happens after the first month or so.

Yeh I mentioned that in my post, Samsung are saying I have to go to Comet! It's been going over two weeks now.<br /><br />-- Sat Sep 15, 2012 9:04 am --<br /><br />

check this out mate

<a class="postlink" href="http://www.moneysavingexpert.com/shopping/how-to-complain" onclick="window.open(this.href);return false;">http://www.moneysavingexpert.com/shoppi ... o-complain</a>

Thanks, already tried all that & still no joy. Thinking small claims is my only route. All I want is a free repair or replacement, not asking for money.

 

[ob]

check out something called fit for purpose mate - sorry at work and not much time to check it out

 

[hayley77]

I would right them a very long letter explaining your side and yes your aware you cannot prove it was faulty at point of sale so you are going to involve watchdog and right the papers naming the store and the lack of customer service you have received causing you undue stress....I would think you will get a gift card and apology through the post! Send it recorded to both head office and the store....good luck

 

[not my fault!]

I would right them a very long letter explaining your side and yes your aware you cannot prove it was faulty at point of sale so you are going to involve watchdog and right the papers naming the store and the lack of customer service you have received causing you undue stress....I would think you will get a gift card and apology through the post! Send it recorded to both head office and the store....good luck

Will try it again adding the little bits in youve suggested. All I want though is a repair or replacement.

 

[ob]

I would right them a very long letter explaining your side and yes your aware you cannot prove it was faulty at point of sale so you are going to involve watchdog and right the papers naming the store and the lack of customer service you have received causing you undue stress....I would think you will get a gift card and apology through the post! Send it recorded to both head office and the store....good luck

Also keep copy for your records and ask them for all correspondence to be in writing or email rather than phone call

 

[not my fault!]

check out something called fit for purpose mate - sorry at work and not much time to check it out

Done that already, they say & I quote "we give a one year warranty, this is the period we feel the item is fit for"! So in their eyes a TV should last only 12 months.
Always dealt via email & have kept all copies between us for court if it goes that far.

 

[bowdonblue]

I think your statutory protection comes from "The Sale of Goods Act".

Remember that you're only entitled to the cost of repair (not applicable here), or of an equivalent 2 yr old similar model (check eBay).

From memory stuff has to be "of merchantable quality", but as it lasted 2 years I think you'll struggle to show it wasn't. Judge will accept that sometimes things go wrong earlier than expected, and if there's no guarantee or warrantee then I think you'll struggle.

The Small Claims Court is no guarantee of success, so you need to be sure that you're right before you go down that route. No point going to a solicitor (will cost you most if not more than a 2 yr old TV is worth), unless you can find one that does a free one hour surgery (worth checking local hight street firms for that actually), and beyond that it's the Citizens Advice Bureau.

Good luck mate, but make sure you are right before suing them.