My rights regarding TV/failed repair under guarantee
My rights regarding TV/failed repair under guarantee
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iambigred

Original Poster:

193 posts

142 months

Monday 7th December 2020
quotequote all
I hope this is the correct forum to post such a topic.

I purchased a TV from a well known electronics store in 2015. It was supplied with a "5 year guarantee". Ever since I purchased the TV it has always had an issue whereby it randomly restarted itself. Back in 2015 it wasn't much to worry about as it would only occur once in a blue moon, but more recently it became so frequent that using the TV was nearly impossible. It would restart on some days every couple of minutes, but other days no restart at all. The logs on the TV show as POWER_OFF_ABNORMALCPU event, so this behaviour can be proven.

A few months ago (within the guarantee period) I sent it for repair, it was collected and parts replaced but upon return it still exhibited the exact same issue. I complained and this process was repeated again, and again, and again, up to a total of 4 repair attempts. Now they've said that the TV is not economical to repair and that I would be issued with a 'depreciated credit note', however they couldn't tell me how much this would be for until a different team reviewed the case.

I have a copy of the written terms and conditions regarding the warranty and it makes no mention at all of a depreciated credit note, rather it refers to "a voucher to obtain a replacement product, the value based on an equivalent or similar specification product up to a maximum of the price paid for the product".

My concern is that they'll come back and insist up a vastly depreciated credit note, looking online it appears that after ~5 years other have been offered just 20% of the original price paid. Looking on their website it would actually cost more than the price paid in order to purchase a TV from the same manufacturer with a reasonably similar spec (e.g. same refresh rate).

What are my options here? Small claims court? Section 75 claim? Thanks in advance for any advice.

Simpo Two

89,530 posts

282 months

Monday 7th December 2020
quotequote all
iambigred said:
I have a copy of the written terms and conditions regarding the warranty and it makes no mention at all of a depreciated credit note, rather it refers to "a voucher to obtain a replacement product, the value based on an equivalent or similar specification product up to a maximum of the price paid for the product".
I'd suggest they're obliged to honour that, and would point it out to them. You're just asking for what they promised.

I've just had a run-in with Scottish Power and they offered £75 'goodwill', saying they never paid more than that. A few hours later they e-mailed me saying that if I introduced a new customer they'd send me £100... mad

Red 5

1,089 posts

197 months

Monday 7th December 2020
quotequote all
iambigred said:
I hope this is the correct forum to post such a topic.

I purchased a TV from a well known electronics store in 2015. It was supplied with a "5 year guarantee". Ever since I purchased the TV it has always had an issue whereby it randomly restarted itself. Back in 2015 it wasn't much to worry about as it would only occur once in a blue moon, but more recently it became so frequent that using the TV was nearly impossible. It would restart on some days every couple of minutes, but other days no restart at all. The logs on the TV show as POWER_OFF_ABNORMALCPU event, so this behaviour can be proven.

A few months ago (within the guarantee period) I sent it for repair, it was collected and parts replaced but upon return it still exhibited the exact same issue. I complained and this process was repeated again, and again, and again, up to a total of 4 repair attempts. Now they've said that the TV is not economical to repair and that I would be issued with a 'depreciated credit note', however they couldn't tell me how much this would be for until a different team reviewed the case.

I have a copy of the written terms and conditions regarding the warranty and it makes no mention at all of a depreciated credit note, rather it refers to "a voucher to obtain a replacement product, the value based on an equivalent or similar specification product up to a maximum of the price paid for the product".

My concern is that they'll come back and insist up a vastly depreciated credit note, looking online it appears that after ~5 years other have been offered just 20% of the original price paid. Looking on their website it would actually cost more than the price paid in order to purchase a TV from the same manufacturer with a reasonably similar spec (e.g. same refresh rate).

What are my options here? Small claims court? Section 75 claim? Thanks in advance for any advice.
Bad luck that!

It sounds like the retailer is offering to comply with your consumer rights.
For a product like TV, these last for six years after purchase.
As one might expect a good decade of use from a modern TV, the compensation you might expect to be offered, could be around 40/50% of the retail price to replace.

HOWEVER, all of this is moot. A 5 Year Warranty goes above and beyond your statutory rights.
It’s a stand alone contract, so I’ve no idea what they are on about!
Fulfilling the terms of that warranty, won’t even cost them any money. They (or the manufacturer) bought / activated the policy at the time of purchase.

As you have the documents, I would just send them a copy and politely ask them to comply with the terms.
It might just be a mistake on their part?

spikeyhead

19,029 posts

214 months

Wednesday 9th December 2020
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anonymous said:
[redacted]
He's paid for a warranty, therefore he should expect the terms of that to be met.

Mr Overheads

2,533 posts

193 months

Thursday 10th December 2020
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anonymous said:
[redacted]
Agree with this, go on ebay, check Sold listings and find out how much your model currently sells for secondhand and if they offer more than that, you've done well.

Simpo Two

89,530 posts

282 months

Thursday 10th December 2020
quotequote all
iambigred said:
I have a copy of the written terms and conditions regarding the warranty and it makes no mention at all of a depreciated credit note, rather it refers to "a voucher to obtain a replacement product, the value based on an equivalent or similar specification product up to a maximum of the price paid for the product".
The inference to me is that it would be a new product, not second-hand. Could give them a weasel way out though.

Sheepshanks

37,867 posts

136 months

Thursday 10th December 2020
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Simpo Two said:
iambigred said:
I have a copy of the written terms and conditions regarding the warranty and it makes no mention at all of a depreciated credit note, rather it refers to "a voucher to obtain a replacement product, the value based on an equivalent or similar specification product up to a maximum of the price paid for the product".
The inference to me is that it would be a new product, not second-hand. Could give them a weasel way out though.
I would be expecting a new TV too.

Apart from anything else, how are you going to use a voucher for a second-hand TV - it's not like you can down to Curry's and get one there?

Jakg

3,834 posts

185 months

Thursday 10th December 2020
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Who is the warranty with? Are you getting it repaired under the warranty, or under your consumer rights?