Television broke, reckon I can get me money back?
Discussion
I bought a Pentus 27 inch LCD TV on 2nd January 2007 from a well known high street electrical shop.
This evening the damned thing has broken. I've managed to fish out the receipt and everything that came with it and I'm heading down to the shop after I finish work tomorrow to try and get a replacement/repair/ or my money back.
Its fair to assume that a television should last more than a year and a half isn't it? I've printed off a summary of the sale of goods act to take with me.
If you're wondering who the hell Pentus are, I don't know either. It was cheap. Still cost me £350 though.
Any advice fellas?
This evening the damned thing has broken. I've managed to fish out the receipt and everything that came with it and I'm heading down to the shop after I finish work tomorrow to try and get a replacement/repair/ or my money back.
Its fair to assume that a television should last more than a year and a half isn't it? I've printed off a summary of the sale of goods act to take with me.
If you're wondering who the hell Pentus are, I don't know either. It was cheap. Still cost me £350 though.
Any advice fellas?
If it's that well-known high street electrical store that relates to Indian food, I think it unlikely. DSG retail are a bunch of utter, utter feckwits and I have had cause to throw teddies out of prams on several occasions in the past in their "computer store".
Having said that, I bought a Bush 28" CRT TV a while back, which went bang after about a year and a half. After a bit of negotiation, the Sainsburys manager agreed to give me £100 cash. Which was half the original purchase price, I thought this a fair outcome.
Having said that, I bought a Bush 28" CRT TV a while back, which went bang after about a year and a half. After a bit of negotiation, the Sainsburys manager agreed to give me £100 cash. Which was half the original purchase price, I thought this a fair outcome.
This might be of some use..
Philip Inman - Guardian Money said:
Why buy an extended warranty when the Sale of Goods Act makes it clear that items such as televisions, fridges, washing machines and MP3 players should last a reasonable time?
The guidelines say the word "reasonable" should mean anything up to six years (oddly, it's five in Scotland) in the case of a washing machine or fridge, and longer than the one-year guarantee that comes with most MP3 players. And a survey of manufacturers by Which? showed them all saying their goods should last five years or more (see table below).
Yet warranties remain popular, if only because they appear to cut out most of the argument over how a machine came to break down or how long something should last. We all know that the definition of "reasonable" is open for debate, and we may not have the time or inclination to haggle with a shop or manufacturer over how the law should be interpreted. But there is a law and it's worth using.
When you consider all the appliances in your home and how many hundreds of pounds they would cost to repair or replace, it is easy to calculate the level of savings from avoiding or cancelling all extended warranty policies. A warranty can cost around a third of the price of an LCD TV, depending on where you buy it.
Not that invoking your consumer rights is ever easy. The "it's out of warranty" argument is frequently used to avoid offering refunds. When the first generation of Apple iPods came on to the market, many failed soon after the one-year manufacturer's warranty. Stores selling the iPods refused to give refunds, on the grounds that they were being returned after the 12-month warranty period had expired. Customers were told that the solution was to buy a second-generation model, rather than bother trying to fix a model that was already outmoded. Yet customers who pressed ahead with a claim based on the Sale of Goods Act rather than on the warranty period were more successful at obtaining refunds from retailers.
Retailers are primarily responsible under the law, because it is they who sell the goods, not the manufacturer. But they will take a particularly tough line if they find that the manufacturer is refusing to reimburse them. Consumer specialists say retailers can be experts at interpreting ambiguous legislation to wriggle out of their responsibilities.
Typically, if a retailer deals with a repair, it will involve a call-out fee and charges for parts and labour, which may only be reimbursed if the retailer subsequently considers the problem to be a manufacturing fault and not wear-and-tear. So a call-out becomes a high-stakes gamble with possibly hundreds of pounds at risk.
Take the example of Mrs Randall of Lambeth, in London, who was dismayed when the door on her new cooker broke off and shattered. The replacement involved a £59.95 call-out charge and more than £500 for the new door - yet the cooker originally cost only £499.
The Sale of Goods Act doesn't define how long specific products should last, because different products have different lifespans. But these are the steps you should take to maximise your chances of getting your money back ...
Contact the retailer's head office
You won't get any joy from youthful shop staff or call centres. Be firm and explain you think your product hasn't lasted a reasonable amount of time. You want it to be investigated and repaired, or replaced if it turns out to be faulty.
Get an independent report
A major retailer is likely to have its own repairs centre or an arrangement with the manufacturer, but this may result in sky-high call-out charges. Contact an independent repairer and ask it to produce a report. Most of the independents charge between £30 and £40 to visit and many would write a short report as part of the cost. You can claim back up to £200 for the cost of the repairer's bill.
Commission a repair
Ask the retailer to repair or replace the goods. If the repair cost is disproportionate the retailer can offer a refund, though probably not the full purchase price. If the shop is being difficult you can ask to go to an independent repairer and reclaim the whole cost. Make sure the repairer provides evidence of the fault.
Be prepared to battle
The company could refuse to refund the repair cost, leaving you to chase them through the small claims court. A judge can order the retailer to settle the claim - up to £5,000 - and pay legal costs. The Department for Business, Enterprise and Regulatory Reform says the rules are clear and that, as long as you have evidence of a fault, the judge will be sympathetic.
Consumer Direct is the government's online and telephone advice line: call an adviser on 0845 404 0506
How long should it last?
Washing machine 5 - 10 years
Fridge 7 - 10 years
Tumble dryer 5 - 10 years
Dishwasher 5 - 10 years
Television (CRT) 8 - 10 years
Source: Which?
The guidelines say the word "reasonable" should mean anything up to six years (oddly, it's five in Scotland) in the case of a washing machine or fridge, and longer than the one-year guarantee that comes with most MP3 players. And a survey of manufacturers by Which? showed them all saying their goods should last five years or more (see table below).
Yet warranties remain popular, if only because they appear to cut out most of the argument over how a machine came to break down or how long something should last. We all know that the definition of "reasonable" is open for debate, and we may not have the time or inclination to haggle with a shop or manufacturer over how the law should be interpreted. But there is a law and it's worth using.
When you consider all the appliances in your home and how many hundreds of pounds they would cost to repair or replace, it is easy to calculate the level of savings from avoiding or cancelling all extended warranty policies. A warranty can cost around a third of the price of an LCD TV, depending on where you buy it.
Not that invoking your consumer rights is ever easy. The "it's out of warranty" argument is frequently used to avoid offering refunds. When the first generation of Apple iPods came on to the market, many failed soon after the one-year manufacturer's warranty. Stores selling the iPods refused to give refunds, on the grounds that they were being returned after the 12-month warranty period had expired. Customers were told that the solution was to buy a second-generation model, rather than bother trying to fix a model that was already outmoded. Yet customers who pressed ahead with a claim based on the Sale of Goods Act rather than on the warranty period were more successful at obtaining refunds from retailers.
Retailers are primarily responsible under the law, because it is they who sell the goods, not the manufacturer. But they will take a particularly tough line if they find that the manufacturer is refusing to reimburse them. Consumer specialists say retailers can be experts at interpreting ambiguous legislation to wriggle out of their responsibilities.
Typically, if a retailer deals with a repair, it will involve a call-out fee and charges for parts and labour, which may only be reimbursed if the retailer subsequently considers the problem to be a manufacturing fault and not wear-and-tear. So a call-out becomes a high-stakes gamble with possibly hundreds of pounds at risk.
Take the example of Mrs Randall of Lambeth, in London, who was dismayed when the door on her new cooker broke off and shattered. The replacement involved a £59.95 call-out charge and more than £500 for the new door - yet the cooker originally cost only £499.
The Sale of Goods Act doesn't define how long specific products should last, because different products have different lifespans. But these are the steps you should take to maximise your chances of getting your money back ...
Contact the retailer's head office
You won't get any joy from youthful shop staff or call centres. Be firm and explain you think your product hasn't lasted a reasonable amount of time. You want it to be investigated and repaired, or replaced if it turns out to be faulty.
Get an independent report
A major retailer is likely to have its own repairs centre or an arrangement with the manufacturer, but this may result in sky-high call-out charges. Contact an independent repairer and ask it to produce a report. Most of the independents charge between £30 and £40 to visit and many would write a short report as part of the cost. You can claim back up to £200 for the cost of the repairer's bill.
Commission a repair
Ask the retailer to repair or replace the goods. If the repair cost is disproportionate the retailer can offer a refund, though probably not the full purchase price. If the shop is being difficult you can ask to go to an independent repairer and reclaim the whole cost. Make sure the repairer provides evidence of the fault.
Be prepared to battle
The company could refuse to refund the repair cost, leaving you to chase them through the small claims court. A judge can order the retailer to settle the claim - up to £5,000 - and pay legal costs. The Department for Business, Enterprise and Regulatory Reform says the rules are clear and that, as long as you have evidence of a fault, the judge will be sympathetic.
Consumer Direct is the government's online and telephone advice line: call an adviser on 0845 404 0506
How long should it last?
Washing machine 5 - 10 years
Fridge 7 - 10 years
Tumble dryer 5 - 10 years
Dishwasher 5 - 10 years
Television (CRT) 8 - 10 years
Source: Which?
Neil_H said:
Almost all electrical goods have at least 1 year warranty, so I'd say you have a good chance of getting it repaired.
Refund - no chance.
Yeh sorry I meant a year and a half in the last post. I bought it January 2007.Refund - no chance.
I'm not so bothered about a refund, just definately want the damn thing replacing.
Polarbert said:
Neil_H said:
Almost all electrical goods have at least 1 year warranty, so I'd say you have a good chance of getting it repaired.
Refund - no chance.
Yeh sorry I meant a year and a half in the last post. I bought it January 2007.Refund - no chance.
I'm not so bothered about a refund, just definately want the damn thing replacing.
I think you will be struggling, certainly from the retailer in question - that's why they sell those elaborate aftercare warranties.
I'd go to the maufacturer if possible and see what they will do for you.
Neil_H said:
Polarbert said:
Neil_H said:
Almost all electrical goods have at least 1 year warranty, so I'd say you have a good chance of getting it repaired.
Refund - no chance.
Yeh sorry I meant a year and a half in the last post. I bought it January 2007.Refund - no chance.
I'm not so bothered about a refund, just definately want the damn thing replacing.
I think you will be struggling, certainly from the retailer in question - that's why they sell those elaborate aftercare warranties.
I'd go to the maufacturer if possible and see what they will do for you.
Again I'm pretty sure the sale of goods act says that the responsibility is with the retailer.
- Try the direct route with the point of sale.
- If not goto the manufacturer.
- If that fails, find another with one the same and buy with cash. Swap the insides over.. send the old one back in the new case and insist on a refund
You will have a 2 year guarantee - they say you only have 1, but it is 2 as per EU rules (which is why extended guarantees only start at 3 years).
You have to give them the chance of repairing it, but they can't refuse. Its unlikely that you'll just get a new TV - unless it was bought from one of the supermarkets/John Lewis. If they don't manage to repair it, then you can ask for a new one - or a refund if they dont stock it anymore.
ETA dont get fobbed off with going to the manufacturer - your contract is with the seller. It is up to them to deal with the manufacturer.
You have to give them the chance of repairing it, but they can't refuse. Its unlikely that you'll just get a new TV - unless it was bought from one of the supermarkets/John Lewis. If they don't manage to repair it, then you can ask for a new one - or a refund if they dont stock it anymore.
ETA dont get fobbed off with going to the manufacturer - your contract is with the seller. It is up to them to deal with the manufacturer.
Edited by Maxf on Monday 20th October 22:35
I can't see why you should expect a refund....You have had nearly two years viewing out of it..
It may only be a ten pound part that has gone faulty, I would think if they arrange to send an engineer round to your house to fix it, you should be more than happy with that.....Be reasonable.
That is what extended warranties are sold for...........
It may only be a ten pound part that has gone faulty, I would think if they arrange to send an engineer round to your house to fix it, you should be more than happy with that.....Be reasonable.
That is what extended warranties are sold for...........
Wacky Racer said:
That is what extended warranties are sold for...........
No - they are sold to boost the profit in the sale. You are covered for 2 years under EU rules, and under the sales of good 'reasonable amount of time' for up to 3 after that (and possibly more, but it would be a pain to prove).
Maxf said:
Wacky Racer said:
That is what extended warranties are sold for...........
No - they are sold to boost the profit in the sale. You are covered for 2 years under EU rules, and under the sales of good 'reasonable amount of time' for up to 3 after that (and possibly more, but it would be a pain to prove).
You're wrong on both fronts.
There is no law in the UK regarding 2 year minimum warranties, and we will never adopt the EU ruling on warranties - which isn't that you have a 2 year warranty as standard by law, but it's a minimum limitation on making claims under the local equivalent of the SoGA.
We didn't adopt the the 2 year rule as our SoGA already gave consumers significantly better rights than the EU directive anyway.
With these things you're basically entitled to a refund replacement or repair. I know you've said that you want it repaired so that is a good start as a refund wouldn't be possible as youve had almost two years of use.
If a product breaks within the first 6 months then it would be for the seller/shop to show that it was faulty at the time of sale. As you're tv is out of this 6 month period then its down to you - (reverse burden of proof).
If the place you bought it from does not play ball then you'd have to get it examined and it would have to go to the small claims court. Hopefully though they'll repair it for you. A tv should definatley last more than two years though.
If a product breaks within the first 6 months then it would be for the seller/shop to show that it was faulty at the time of sale. As you're tv is out of this 6 month period then its down to you - (reverse burden of proof).
If the place you bought it from does not play ball then you'd have to get it examined and it would have to go to the small claims court. Hopefully though they'll repair it for you. A tv should definatley last more than two years though.
Alfa_75_Steve said:
Maxf said:
Wacky Racer said:
That is what extended warranties are sold for...........
No - they are sold to boost the profit in the sale. You are covered for 2 years under EU rules, and under the sales of good 'reasonable amount of time' for up to 3 after that (and possibly more, but it would be a pain to prove).
You're wrong on both fronts.
There is no law in the UK regarding 2 year minimum warranties, and we will never adopt the EU ruling on warranties - which isn't that you have a 2 year warranty as standard by law, but it's a minimum limitation on making claims under the local equivalent of the SoGA.
We didn't adopt the the 2 year rule as our SoGA already gave consumers significantly better rights than the EU directive anyway.
ETA - I'm not just making it up on the spot either - I obviously heard it somewhere. Probably from a TV salesman TBH. Obviously not from the font of all knowledge, but not a wild random stab in the dark either.
Edited by Maxf on Monday 20th October 23:11
Maxf said:
Why cant you buy a 2 year extended warranty then?
ETA - I'm not just making it up on the spot either - I obviously heard it somewhere. Probably from a TV salesman TBH. Obviously not from the font of all knowledge, but not a wild random stab in the dark either.
Extended warranties are usually sold as 1+2 (ie. manufacturer's warranty + 2 year extended), 1+3, 1+4 - although on Samsung (ISTR) they were often sold as 2+2, due to Samsung offering a 2 year warranty.ETA - I'm not just making it up on the spot either - I obviously heard it somewhere. Probably from a TV salesman TBH. Obviously not from the font of all knowledge, but not a wild random stab in the dark either.
Is that the confusion?- to be honest, I'd not believe *anything* a TV Salesman told you, as I'm sure they were highly likely to have been employed by some kind of clueless high-street chain....
Edited by Alfa_75_Steve on Monday 20th October 23:16
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