Consumer Rights

Anyone know anything about them?

Story is, bought a tv in early December 2008, tv malfunctioned November 2009, (thick vertical line down centre of screen) shop duly took tv back and repaired it, which took forever and finally got tv back february this year.

When tv was picked up was told guarantee was up now and repair was guaranteed for three months.

Turned on tv this evening only to find the same fault again, the tv by the way is a Samsung 32" lcd and the shop in question is AV World in Fareham.

I know they are not going to roll over tomorrow when i phone but if i could quote some consumer law at them it might help, thanks in advance for any advice and i will keep you posted on tomorrows events.

There's a 6 year expected service life on televisions, according to Trading Standards. Threaten to get them involved if you have no joy.

There've recently been additional rights added under european law. It's to do with how long you can reasonably expect goods to work. Have a look at this:

http://whatconsumer.co.uk/how-long-should-it-last/

Might be worth contacting the Trading Standards office for Hampshire too.

2 years under EC law for high value items like TVs and so on. You are entitled to a repair at their cost, or a replacement if they choose (its their choice)

Quote EC directive 1999/44/EC at them and see what happens - all consumer goods are guaranteed for 2 years, end of debate.

See http://ec.europa.eu/publications/booklets/move/64/en.pdf

Recently had Novatech quote the law back to me! Went in to buy 2 extra Powerline ethernet plugs since one of mine knackered, casually mentioned this to the sales assistant and he was insistent that I bring the knackered one back, no box, no receipt, just bring it back for a repair/replace.

Ok: a television should be expected to last a good few years. According to Ponty, guidance suggests six years. Trust Ponty if you will.

I've highlighted below in bold good things to quote that should make it sound as though you know what you're talking about.

Anyway, legally you have a claim against them for breach of contract if the telly they sold you has an inherent fault. There is an implied term in all consumer contracts, implied by the Sale of Goods Act, that the goods sold are of suitable quality (ie, last for a reasonable time), fit for purpose and conform to the decription given. A TV which breaks regularly is clearly not of sufficient quality or fit for purpose.

In the first six months after a purchase the burden of proof is reversed: ie. if the retailer gets shirty, it is up to them to show that the item is not inherently faulty; you don't have to show that it was faulty when sold. It is presumed to have been faulty when sold unless they can show otherwise. The bad news: after six months the onus is on you to show it was faulty when purchased (which would obviously be hard to do).

If they try to hide behind the term of the guarantee you can tell them in no uncertain terms that they are wrong, and that the guarantee cannot limit your statutory rights and you should ask to speak to someone more senior. I would keep repeating phrases like "faulty when sold", "not of adequate quality", "not fit for purpose" etc.

The final threat is to inform them that you have a clear claim for breach of contract and you will issue a claim in the small claims court. They will not be able to recover their costs in defending the claim and you are fully prepared to pay the £35 issue fee.

The reality is, you should be able to get somewhere without having to start threatening too much.

The EU rule offers no greater protection than you are already afforded by UK law. You would still have the same issues around the cause of the fault.

2 years under EC law for high value items like TVs and so on. You are entitled to a repair at their cost, or a replacement if they choose (its their choice)

 

Quote EC directive 1999/44/EC at them and see what happens - all consumer goods are guaranteed for 2 years, end of debate.

 

See http://ec.europa.eu/publications/booklets/move/64/en.pdf

I resent EU interference in British affairs and demand to have my inferior rights restored to me.

I resent EU interference in British affairs and demand to have my inferior rights restored to me.

or we could follow suit with similar laws (or even better ones) without the EU tellings to

Thanks for all the replies! cant wait to get on the phone now and start quoting consumer law and eu directives!

Will keep you all posted

I would take a different view on the timing.

It seems that the TV had a latent defect, and that defect became apparent 11 months after you bought it. It seems to me that that is unreasonable. The retailer appears to have accepted that the defect existed, and that it was unreasonable (by undertaking a repair). The important date is November last year.

I don't believe that the retailer has any right to "guarantee the repair for 3 months". I think they just made that up. I believe that their obligation in November last year was to provide you with what you bought (a TV that works). 6 months later they still haven't done that. If there is any time limit after the defect became apparent, that would be in your favour as you would only be required to give them a "reasonable" time to correct the defect. In my opinion 6 months is more than reasonable.

If it was me, I would give them a fixed time (maybe 14 days) to either replace the TV or refund your money, failing which you will replace the TV yourself and sue them for the cost of your damages.

A handy guide to your rights.

http://news.bbc.co.uk/1/hi/magazine/8253915.stm

Thanks everybody, so far so good, its now a case of bring it in to us and we'll see what we can do!

We'll see what happens from there, as it says on their website "The Customer Is King"

Thanks everybody, so far so good, its now a case of bring it in to us and we'll see what we can do!

We'll see what happens from there, as it says on their website "The Customer Is King"

Make sure you log who said what and when, just in case it drags on and you decide to take court action. It demonstrates you have engaged them first to rectify the issue but have had an unsatisfactory response.

You need to write to the company you bought the item from[not the manufacturer] and state your case as to why the item was not fit for purpose under the sale of goods act.

I did this for a TV from Currys that was 16 months old and the colour gun went. I took it back to the shop and they refused to take it back as the guarantee had expired but when I wrote to the head office and complained under the sale of goods act they issued me with a partial refunded, it cascaded down to how long after the manufacturers warranty had expired before the item was beyond repair.

I think I got around 70% back, issued in vouchers that could be spent in Currys/PC world. I had the choice to ask for more but I accepted that.

If all else fails, perhaps your tv could "have a little accident" at home and claim it on your home contents insurance?

Not something I would do, personally, but I imagine that sort of thing happens regularly.

Ring these people, they are fantstic http://www.consumerdirect.gov.uk/

I am in the middle of dealing with the garage that conned my oldest son out of £800 in respect of his car. They have dictated letters over the phone to me, and they have talked us through every stage and all our rights.

The messageboards on this site are a goldmine.

http://www.moneysavingexpert.com/

If all else fails, perhaps your tv could "have a little accident" at home and claim it on your home contents insurance?

 

Not something I would do, personally, but I imagine that sort of thing happens regularly.

JLT - the tv fell off the stand

Insurance company - how exactly

JLT - no idea

Insurance company - erm no, we won't pay

Nice idea but how the hell is he going to find an excuse for a faulty tv?

I found the info provided on this thread very useful when dealing with a faulty PC I had bought from Curry's. Different in that the wretched thing was brand new but may be of interest. I did find the TSA very helpful. Good luck !

http://www.saintsweb.co.uk/forum/showthread.php?t=16169