2 weeks old tv gone faulty- retailer not interested. CPA?
Discussion
Hi, we have a Samsung Smart TV that was delivered 16 days ago, set up in kitchen to replace 15 year old Samsung! TBH the only reason we chose it was as a modern TV it has an analogue input that we need for Sky magic eye. Anyway, tonight, whilst on Amazon prime tv, it just all turned itself off. TV been used about 10 -15 hours only since delivery, as is only occasional use in kitchen.
We ummed and ahhed and messed about with it, fiddling round the back (oeer missus!) looking or manual buttons rather than use remote, suddenly it comes back to life, hurrah........5 mins later it is off again. This goes on for half an hour, it seems as though when it goes off, you need to wiggle the RF connection (the only input fitted) to get it to work, (ie no led on the sensor then wiggle and it comes on ready for remote to turn it on). (Power lead is other side of tv, well connected, tight as a gnats, so not that).
So I call the online retailer who we've used before, (seem very good) and they say that I have to call Samsung. I question why, and am told because it is their tv! I question this again, and say, look, it is 16 days old, hardly been used, and is faulty, they say I need to speak to Samsung and have an engineer to prove that. I say, I can prove it by taking a video of it turning itself off, they say, no, don't do that, they will call Samsung and Samsung call me.
Maybe I am being pissy, but where does it say that if I by a TV off a retailer, i then need to deal with the manufacturer if it goes wrong? Surely, my recourse is to the retailer, and theirs to the Manufacturer?
CPA seems to say I can reject if faulty within 30 days. Distance selling may also apply, although TV has been used, so maybe difficult to send back under that clause.
I really cant be arsed taking a day off to have Samsung engineer not bother turning up, for a TV that has a fault that is easy to demonstrate on video. We had 4 missed Samsung engineer visits over our Yankee Fridge freezer, the ones that set on fire, and had retrofitted upgrades fitted, (bout 10 years ago) and when he did turn up, he had the wrong repair kit, so am reluctant to get involved with them too much again as IME they are a big waste of time. .
So do I have too let an engineer come to repair it of verify it is fooked. I have offered to send it back to retailer and let them test it etc, but they refuse that! I have offered the video and again, it has been refused.
We ummed and ahhed and messed about with it, fiddling round the back (oeer missus!) looking or manual buttons rather than use remote, suddenly it comes back to life, hurrah........5 mins later it is off again. This goes on for half an hour, it seems as though when it goes off, you need to wiggle the RF connection (the only input fitted) to get it to work, (ie no led on the sensor then wiggle and it comes on ready for remote to turn it on). (Power lead is other side of tv, well connected, tight as a gnats, so not that).
So I call the online retailer who we've used before, (seem very good) and they say that I have to call Samsung. I question why, and am told because it is their tv! I question this again, and say, look, it is 16 days old, hardly been used, and is faulty, they say I need to speak to Samsung and have an engineer to prove that. I say, I can prove it by taking a video of it turning itself off, they say, no, don't do that, they will call Samsung and Samsung call me.
Maybe I am being pissy, but where does it say that if I by a TV off a retailer, i then need to deal with the manufacturer if it goes wrong? Surely, my recourse is to the retailer, and theirs to the Manufacturer?
CPA seems to say I can reject if faulty within 30 days. Distance selling may also apply, although TV has been used, so maybe difficult to send back under that clause.
I really cant be arsed taking a day off to have Samsung engineer not bother turning up, for a TV that has a fault that is easy to demonstrate on video. We had 4 missed Samsung engineer visits over our Yankee Fridge freezer, the ones that set on fire, and had retrofitted upgrades fitted, (bout 10 years ago) and when he did turn up, he had the wrong repair kit, so am reluctant to get involved with them too much again as IME they are a big waste of time. .
So do I have too let an engineer come to repair it of verify it is fooked. I have offered to send it back to retailer and let them test it etc, but they refuse that! I have offered the video and again, it has been refused.
Jeremy-75qq8 said:
Seems fair to me.
The retailer is probably a box shifter and will reply on Samsung for support.
I would imagine they will ask some questions, check the unit and then decide what to do.
Whether it's fair or not is irrelevant. OP has a contract with the retailer not with Samsung.The retailer is probably a box shifter and will reply on Samsung for support.
I would imagine they will ask some questions, check the unit and then decide what to do.
I have had TV's exchanged over two years old with Comet /Curry's they simply cant ignore the problem.
Because manufacturers tend to give one year's warranty on goods, retailers will usually push you in their direction if the product breaks inside the first year. However, SOGA provides cover for goods bought for up to six years – in England and Wales. This means if a TV fails after 13 months, you still have rights
Because manufacturers tend to give one year's warranty on goods, retailers will usually push you in their direction if the product breaks inside the first year. However, SOGA provides cover for goods bought for up to six years – in England and Wales. This means if a TV fails after 13 months, you still have rights
Integroo said:
Retailer is pulling a fast one. Your contract is with them, not Samsung. Write to them informing them you are rejecting the goods as not of satisfactory quality under the CRA. Tell them you expect them to arrange for the television to be collected.
very much this ^^^ Your contract is with the retailer, their contract is with the manufacturer. poo at Paul's said:
Hi, we have a Samsung Smart TV
[...]
We had 4 missed Samsung engineer visits over our Yankee Fridge freezer, the ones that set on fire, and had retrofitted upgrades fitted, (bout 10 years ago) and when he did turn up, he had the wrong repair kit, so am reluctant to get involved with them too much again as IME they are a big waste of time.
Would it be fair to say that you won't be buying anything Samsung again then? [...]
We had 4 missed Samsung engineer visits over our Yankee Fridge freezer, the ones that set on fire, and had retrofitted upgrades fitted, (bout 10 years ago) and when he did turn up, he had the wrong repair kit, so am reluctant to get involved with them too much again as IME they are a big waste of time.
This is all trigger happy.
The tv has gone wrong. He calls the retailer. He is asked to call Samsung. This is not a storey of being fobbed of for weeks or denied anything by the retailer. They have simply asked them to call Samsung. Samsung will either fix / replace or not. If not or the problem persists then yes of course consumer protection etc etc but what has anyone actually done wrong here at this stage ?
The tv has gone wrong. He calls the retailer. He is asked to call Samsung. This is not a storey of being fobbed of for weeks or denied anything by the retailer. They have simply asked them to call Samsung. Samsung will either fix / replace or not. If not or the problem persists then yes of course consumer protection etc etc but what has anyone actually done wrong here at this stage ?
Jeremy-75qq8 said:
This is all trigger happy.
The tv has gone wrong. He calls the retailer. He is asked to call Samsung. This is not a storey of being fobbed of for weeks or denied anything by the retailer. They have simply asked them to call Samsung. Samsung will either fix / replace or not. If not or the problem persists then yes of course consumer protection etc etc but what has anyone actually done wrong here at this stage ?
The retailer is fobbing OP off to Samsung and OP may lose his right to reject.The tv has gone wrong. He calls the retailer. He is asked to call Samsung. This is not a storey of being fobbed of for weeks or denied anything by the retailer. They have simply asked them to call Samsung. Samsung will either fix / replace or not. If not or the problem persists then yes of course consumer protection etc etc but what has anyone actually done wrong here at this stage ?
Jeremy-75qq8 said:
This is all trigger happy.
The tv has gone wrong. He calls the retailer. He is asked to call Samsung. This is not a storey of being fobbed of for weeks or denied anything by the retailer. They have simply asked them to call Samsung. Samsung will either fix / replace or not. If not or the problem persists then yes of course consumer protection etc etc but what has anyone actually done wrong here at this stage ?
Please read: http://www.legislation.gov.uk/ukpga/2015/15/conten...The tv has gone wrong. He calls the retailer. He is asked to call Samsung. This is not a storey of being fobbed of for weeks or denied anything by the retailer. They have simply asked them to call Samsung. Samsung will either fix / replace or not. If not or the problem persists then yes of course consumer protection etc etc but what has anyone actually done wrong here at this stage ?
I am guessing the retailer's name rhymes with the chorus to a famous Ramones song...?
In which case, I had the same with a washing machine. I played the first step in the game - getting the engineer round, as to be fair it only took a couple of days and just as quick as sending the product back; but then had the be very assertive with them over the next week and consistently argue that this was their liability and not the manufacturers.
Eventually they capitulate.
In which case, I had the same with a washing machine. I played the first step in the game - getting the engineer round, as to be fair it only took a couple of days and just as quick as sending the product back; but then had the be very assertive with them over the next week and consistently argue that this was their liability and not the manufacturers.
Eventually they capitulate.
Been through something very similar very recently.
Samsung American fridge freezer, water cooler not working properly. Speak to retailer, they fobbed me off to Samsung. I argued, hard, that it had nothing to do with them. After several calls with the retailer and several extremely painful calls with Samsung’s ‘technical’ support line, I eventually gave up on that and allowed samsung’s engineer to come.
Engineer came when Mrs Bladebloke was in. Completely agreed there was an issue and took photos of a thermometer in the warm water ‘in case they contest it’. But by the time it got back to Samsung and therefore retailer, the report said there’s nothing wrong.
I gave up, but we can live with a useless water cooler when the rest of the fridge is ok. But the moral of the story is until the point where you’ve taken a retailer to court for breach of terms under the CRA, the strict legal position means little when the retailer/ manufacturer you’re dealing with dictate “the process”
OP, I’m sure you can’t live with the TV in the same way we can live with our fridge, so your options are:
- inform the retailer in writing that you are rejecting the tv, and ask them what the arrangements will be for getting it back to them. You have this right for 30 days
- request a replacement or repair in writing (if you haven’t already). NB - this stops the clock on the time limit for rejecting.
Honestly though, I’d give them the chance to either fix it or replace it. If you try to force the rejection route and they just don’t refund you etc, you’ll be left having to claim against them in small claims court, and you’d have to prove the fault was there when you bought it (the general position during the first 6 months that a retailer should have to prove a fault wasn’t there at time of sale is reversed in such a claim). You might find the engineer comes and it’s all sorted out without issue and if not, you can then think about your other options.
Samsung American fridge freezer, water cooler not working properly. Speak to retailer, they fobbed me off to Samsung. I argued, hard, that it had nothing to do with them. After several calls with the retailer and several extremely painful calls with Samsung’s ‘technical’ support line, I eventually gave up on that and allowed samsung’s engineer to come.
Engineer came when Mrs Bladebloke was in. Completely agreed there was an issue and took photos of a thermometer in the warm water ‘in case they contest it’. But by the time it got back to Samsung and therefore retailer, the report said there’s nothing wrong.
I gave up, but we can live with a useless water cooler when the rest of the fridge is ok. But the moral of the story is until the point where you’ve taken a retailer to court for breach of terms under the CRA, the strict legal position means little when the retailer/ manufacturer you’re dealing with dictate “the process”
OP, I’m sure you can’t live with the TV in the same way we can live with our fridge, so your options are:
- inform the retailer in writing that you are rejecting the tv, and ask them what the arrangements will be for getting it back to them. You have this right for 30 days
- request a replacement or repair in writing (if you haven’t already). NB - this stops the clock on the time limit for rejecting.
Honestly though, I’d give them the chance to either fix it or replace it. If you try to force the rejection route and they just don’t refund you etc, you’ll be left having to claim against them in small claims court, and you’d have to prove the fault was there when you bought it (the general position during the first 6 months that a retailer should have to prove a fault wasn’t there at time of sale is reversed in such a claim). You might find the engineer comes and it’s all sorted out without issue and if not, you can then think about your other options.
We had an issue with a new Samsung TV and was referred to the tech support line as per the OP. They had me run some diagnostics and a few of the tech only Vulcan neck pinches to reset some things and fixed the issue.
Mind that was a John Lewis purchase and a new TV shows up 2 days later
Mind that was a John Lewis purchase and a new TV shows up 2 days later
We had a Samsung TV that kept switching itself off or sound would be on but no picture. Took it to a local Samsung repair centre and they had it for a week and could find no problem with it, it just stayed on all the time through soak tests etc. Anyway, I was able to demonstrate the problem to them at their place and after much scratching of heads it turned out that my TV remote (supplied with the TV) was bu**ering about with the TV, removed the batteries from the remote and all was well. It turns out that they were not using my remote, it was left in the box, but their own workshop remote so couldn't replicate the fault. They gave me a new remote and all has been well since.
Did you pay for the item on a Credit Card, dont forget section 75 will apply:
https://www.moneysupermarket.com/credit-cards/guid...
I buy almost everything I can these days on one for the S75 Protection
https://www.moneysupermarket.com/credit-cards/guid...
I buy almost everything I can these days on one for the S75 Protection
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