Am I entitled to have a refund on my LG LF7700 television ?

[lgb2100]

After reading the press release (see attachment) I decided that I wanted an intergrated Freesat/Freeview television that would provide future IPTV services, such as BBC iplayer, ITV Player, etc....

 

When I purchase my TV at the end of December 2009, aand connected it to my router, I had no IPTV services. It appeared that the only service, was BBC iplayer that was just released on certain Freesat boxes.

 

The press release stated "The LF7700 is packed with the latest technology features, including an Ethernet port, connecting viewers directly to future IPTV services."

 

I contacted LG throughout 2010 regarding the BBC iplayer service, and was told :

 

Jan 2010 - "Freesat and BBC iPlayer finished their testing in December and LG are currently updating the software now - as we speak"

 

June 2010 - "This update should be available by the middle of July"

 

July 2010 - "Unfortunately we do not at present have any information as the exact release date for when BBC iPlayer will be available on LG televisions. We can confirm we are currently in talks with BBC regarding this matter and hope to have an answer in the near future."

 

Then on 25th August - LG announced that due to problems they are unable to provide the update, and as a gesture of goodwill, were giving a Freesat HD box in order to receiver BBC iplayer.

 

As the main purpose of purchasing the TV was to have an intergrated device, eliminating the need of additional boxes/cables/remotes, the 'goodwill gesture' was not suitable.

 

Am I entitled under the Sales of Goods Act, to receive a full refund ?

Who do I claim this refund from - LG or the retailer ?

freesat-release_final.doc

[rebel11]

Hi lgb

 

I think you've got a strong claim, the upgrade pretty much inticed you to buy the product, you might also have a claim against the Credit Card provider if you paid by

credit card. I would track down all the marketing material you saw before you decided to buy the product. I would start with LG, they stated stuff which they shouldn't

have stated if they couldn't have delivered. I would send which ever letter applies, amend it if you need to, send copy - proof of purchase, keep a copy send it recorded. http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/ See what they have to say. It sounds like they were stringing people along.

 

It could be something that trading standards could pursue at some stage.

[lgb2100]

LG has deleivered a Freesat box for me to use in order to receive BBC iplayer.

I was informed on 25th Aug, that this would be delivered within 7 days.

After the 7th day, I e-mailed LG, requesting that the box to be upgraded to a HDD box, as this would be more suitable (i.e. would replace my recorder), but was told that it was not negotiable.

The receiver eventually arrived 16th Sept !

 

Letter to Head Office was sent 25th August - No reply.

 

I did however managed to speak to their Head of Customer Services, only after insisting that I was to receive a HDD receiver, but got nowhere. He stated that the standard receiver was a gesture, not negotiable, and that LG didn't even have to provide the receiver ! -

I requested for a full report to be sent regarding the problems with producing the BBC iplayer update, but he stated that this would be unlikely !

 

I have received the following responses via their e-mail system.....

 

·Why dates such as soon, mid-July was given for the BBC iPlayer update.

“The dates were planned release dates but have been put back due to technical difficulties”

·Why it has taken until 23rd August to display anything regarding BBC iPlayer on LG’s website.

“LG have never stated iplayer will be available, its function of freesat HD was released after the televisions were manufactured.”

·Whether your company has now abandoned a whole cohort of your customers by deciding not to proceed with any future updates (including ITV Player, and other Freesat HD services).

“New updates will be available when faults that require a firmware fix are detected”

·An accurate indication when the BBC iplayer update will happen, and the update for ITV player.

“Unfortunately there is no available indication due to ongoing difficulties”

·Why the LF7700 has become an discontinued product.

“Models are discontinued after 4-5 months of being on the market to make way for new ones”

I still have three monthly payments outstanding with the retailer. (a little over £100)

In order to use the Freesat box,alongside the TV, I would have to have an additional satelitte feed installed, and to have the inconviance of using an additional remote, additional cables, etc...

I am willing for the retailer to cancel the outstanding payments, which would be used to pay for the additional feed, and to keep the TV.

Is this a fair offer to approach the retailer with ?

[rebel11]

Hi lgb

 

I would go back to LG and tell them it's not good enough. There advertising, there issue of release dates contridict there position. I don't think the retailer is to blame.

LG didn't suddenly wake up one day and think it would be a good idea. Why are they providing free boxes at cost if they didn't feel obligated. Ring Consumer Direct

see if they can put you through to Trading Standards and lodge a complaint with them.

[lgb2100]

LG's response.... when queried that to use the supplied 'Goodwill gesture box' that an additional installation would have to be put in place.

 

"The set top boxes were sent as a goodwill gesture, LG were under no obligation to do so, and as such we can confirm that we will not be reimbursing, or offering any kind of compensation for your new installation. "

[rebel11]

Hi lgb

 

When you saw the Ad, is that when you decided to purchase the product?

 

O.K. you can take your complaint to http://www.asa.org.uk/, that their press release is mis-leading, you need to gather all the

documents and detail the mis-leading statements.

 

You should also do the same with your local Trading Standards Office.

 

LG are going to say the obvious, 'we don't have to .........' They probably have had quite a few complaints, some of the people

have probably thought free box fine thats o.k.

[lgb2100]

No response from Retailer, or the ASA

 

As LG has owned up to the problems being down to the software, and ethernet socket, I am going to visit the retailer tomorrow, and request that they replace or refund the cost of the TV.

 

"Due to the technical difficulties that LG have encountered in updating the software on the freesat TV's, the LF7700 is unable to recieve the interactive services."

As the TV is advertised as being capable of receiving IPTV services - where in fact it's unable to do so, I assume that under the sales of goods act, the retailer should replace/refund the cost of the TV ?

[rebel11]

O.K. let us know how you get on, the ASA will respond, but it will take time. If you based your 'Decision' to buy on their ads and they've not been able to deliver then they should be held liable. Don't expect any of them to 'rollover', companies hate parting with money.

[lgb2100]

Response from ASA, but unsure what it means.

 

"Thank you for contacting the Advertising Standards Authority. I’m sorry to hear that this matter has caused you concern.

 

On 1 September 2010 the Committee of Advertising Practice announced that the ASA’s remit will be extended to cover the content of marketing communications online. However, that extended remit will not come into force until 1 March 2011, to allow the ASA and CAP to conduct training work to raise awareness and educate business on the requirements of the CAP Code, particularly amongst those who may not previously have been subject to ASA regulation. More information about the change of remit can be found on our website.

 

Until 1 March 2011, the ASA is able to apply the Code to certain kinds of material on websites. They are:

 

· online ads in space that’s been sold by the website owner to a third party; e.g. banner and pop-up ads

· sponsored search results (i.e. the links advertisers pay search engines to offer when you enter particular search terms) and

· sales promotions. We regulate these wherever they appear, including in advertisers’ websites or e-mails. (Examples of sales promotions are free gifts and prize competitions; simple price cuts and savings claims aren’t sales promotions and we can’t investigate them.)

 

Because your complaint doesn’t fall within one of those categories I’m afraid that we’re unable to pursue it further."

[rebel11]

Hi lg

 

Because the AD is online they can't look into it at the moment, and after March next year they'll be able to look at the area's listed.

[lgb2100]

Visited Retailer (Thursday) after receiving no response from my e-mail that I send to them on 11th Oct (resent 18th), and explained the problem, and that LG's solution wasn't suitable.

 

The CS advisior asked what I was expecting, on which I replied "A TV with intergrated tuners capable of receiving HD channels and IPTV services such as BBC iplayer, without the need of additional equipment (tuners, remotes)"

 

I suggested that my final payments are suspended, until a agreeable solution has been found.

 

The advisor mentioned that other customers (also from other manufacturers) were having problems, but did not mentioned what their solution was for them.

 

The CS advisor should be getting back to me this week, after discussing my case with his manager.

 

He however did agree that waiting 10 months for LG's solution wasn't acceptable !

[rebel11]

Hi lg

 

Wait and see, at least there showing some understanding.

[lgb2100]

Retailer has offered a full refund on payments paid to date, once the TV is returned.

 

Unfortunately the store has no TV of same value to exchange, so will have to purchase one from another store.

 

Rather than take the call as being 'gospel', I requested that this is sent to me in an e-mail, on which I will arrange for the store to pick up the TV, and have a replacement ordered in time to replace it.

 

It's a shame that because of the manufacturer, the retailer has take action, and on this occasion - lose a sale !

[lgb2100]

Retailer has the TV, but hasn't refunded me yet....

 

I even agreed for the deposit (paid by debit card) to be added to the refund cheque, rather than to be put back onto the card.

 

After a week, I telephoned the store and was told that the refund would come via the Finance company that handles the credit agreement for the store.... not sure if this is just a delay tactic or not.

 

I was under the impression, that when the store agreed to the refund, that the refund was ready, and was just awaiting for the TV to be returned, before it could be issued.

[lgb2100]

Cheque, received, and it was a cheque for the full amount paid (including Deposit), made by the retailer.

 

Thank you retailer.

 

Thank you LG, as I have now purchased another manufacturer's TV.