Faulty TV - Small Claims Court 22mts old

[PrimalScreen]

Hi folks,

 

Purchased a TV for £700 22 months ago and it stopped working.

 

As it was out of warranty I had a tv engineer inspect it who said it would cost more to repair than it was worth as the main motherboard had failed.

 

Contacted the retailer, quoted SOGA and was advised that for a fee they will collect the TV and if it has a manufacturers fault will repair it free of charge and refund the collection charge.

 

I fid it unacceptable to pay this collection fee therefore am I in my rights to go straight to the small claims court and what are my chances of being successful?

[sequenci]

You should seriously consider the retailer's offer, I think it's fair. So long as the amount they will change is not excessive.

[dx100uk]

name and shame please.

 

dx

[PrimalScreen]

You should seriously consider the retailer's offer, I think it's fair. So long as the amount they will change is not excessive.

 

Thanks for the reply - much appreciated.

 

What concerns me is them saying that it isn't a manufacturers fault and then I am left with a repair bill plus the cost of collection. The tv has never been moved since it was unboxed and all I have ever done is turn it off and on. I am relying on the SOGA and the reasonable life of a tv which from what I can gather is 5/6 years. I believe there may also be protection under a EU directive with a 2 year guarantee.

[PrimalScreen]

name and shame please.

 

dx

 

It is Currys.

[sequenci]

The only alternative is to see if they would be happy for you to seek your own experts/engineers report to verify the fault.

[PrimalScreen]

The only alternative is to see if they would be happy for you to seek your own experts/engineers report to verify the fault.

 

I mentioned this in the initial communication. I have had one standard reply and nothing else. I might just pay the collection fee in protest and see what happens. They surely can't cite normal wear and tear and I can't possibly see how anything I have done has resulted in the tv failing. I don't trust these companies I'm afraid, they must bat these claims off frequently.

[sequenci]

You only have to read this forum to see the amount of queries we get about currys, dixons, pc world and the rest of their businesses.

[dx100uk]

ah! that lot

 

I expect you got that from some phone advisor?

 

go back to the currys store and tell them you want it repaied or replaced under SOGA.

 

its for THEM to pay for its collection and delivery.

 

you've already got your report of whats wrong.

 

don't EVER believe what curry's say in regard to SOGA

 

they cough up when challenged.

 

moved to the curry's forum

[sequenci]

Agree with DX, you've already done what's expected under the SOGA.

[PrimalScreen]

Thanks for all your help.

[PrimalScreen]

An update.

 

Decided to get a second opinion on the TV and a written report. The TV has been repaired and I have been advised by the engineer that a firmware update was needed and that is was a known manufacturers fault. I went back to Curry's asking they refund the cost of the repair and they have advised me that a firmware update was not covered by the SOGA.

 

Not impressed, fully intend to pursue the matter.

[dx100uk]

if its a known manu fault then it IS.

 

 

infact

on a known manu fault

where the manu has documented it and sent out such to the trade.

 

 

you are entitled to a full refund or a brand new appliance

not a repair !!

 

 

its in soga on acknowledged faults

 

 

dx

[joka007]

if its known manu fault would manufacturer website not show this?

what make/model is this OP?

if you had followed currys advise of £95 fee, they would have done the firmware update (as its cheaper than offering deprecation credit) and refund the £95

i would suggest emailing ceo of company

[dx100uk]

sri?pay for the repair...no!

 

 

dx

[PrimalScreen]

Thanks for the replies guys.

 

Bit more info :-

 

Toshiba

Model 42VL863

 

Report concludes.

 

Fault - TV in standby,

Trace fault to firmware issue. Upgrade firmware supplied by Toshiba authorised dealer website. Note this a known fault on this model.

 

My reply from Currys:-

 

I have had a look at the report for you and I can see that the item needed a software upgrade which this is not something that is covered under the sale of goods act as it is not a mechanical failure or breakdown.

 

 

????????

[mjvaj123]

Software update which user has failed to perform, not really reason for SOGA, but never the less not an inherent fault,

 

As like saying my 35 year old car has very bad tyres now must speak to ford for a repair, Something unfortunately needs an occasional check.

[PrimalScreen]

Software update which user has failed to perform, not really reason for SOGA, but never the less not an inherent fault,

 

As like saying my 35 year old car has very bad tyres now must speak to ford for a repair, Something unfortunately needs an occasional check.

 

There is absolutely no comparison with that example as the TV didn't fail due to wear or tear so your trolling isn't appreciated.

 

The TV failed and there is no obligation on my part to keep downloading updates because of an inherent fault or to put it into working order.

 

The TV they sold me was defective - it had a manufacturers fault, a known manufacturers fault. In other words it was not fit for purpose when they sold it to me and I have had to pay to get it put right.

[dx100uk]

correct.

 

 

dx

[mjvaj123]

In other words it was not fit for purpose when they sold it to me and I have had to pay to get it put right.

 

Hang on, Hang on.

 

The TV was fit for purpose because it worked for 22 months, it developed a 'supposed' fault, thats right a fault.

 

and yes software isn't covered under SOGA for many reasons namely computers getting viruses etc.

 

Im not here to troll and apologies for trying to advise you.

[PrimalScreen]

Hang on, Hang on.

 

The TV was fit for purpose because it worked for 22 months, it developed a 'supposed' fault, thats right a fault.

 

and yes software isn't covered under SOGA for many reasons namely computers getting viruses etc.

 

Im not here to troll and apologies for trying to advise you.

 

The TV had an inherent fault and it failed after 22 months when a reasonable life expectancy is far longer.

 

The fault was in that TV when I bought it brand new.

It was not wear and tear.

 

 

The TV completely failed and I had no idea whatsoever that a firmware upgrade would fix it

and I should not have had to pay to put the TV right.

 

 

I can accept a firmware upgrade to improve performance but not one to cure a defective TV set ie one that wouldn't even switch on.

 

The TV has had a written report done by a registered Toshiba engineer

who states it has an inherent manufacturing defect ( A known defect).

[dx100uk]

if its a known manu reported defect you shold def NOT have to pay.

u

dx

[PrimalScreen]

Well it looks like Currys win, they've sent me the contact address of their legal department.

 

I really can't be bothered with the hassle.

 

The TV completely failed, no lights, absolutely nothing ( there is not even a manual on/off switch ). Believe me, the TV was as dead as a dodo, but by their logic I was expected to go onto the Toshiba website, download a firmware update onto a USB stick and upload it onto the TV. It appears that was my obligation ????? Woe betide me for assuming the TV was broken eh ??

 

I got off lightly I suppose because If I had arranged for them to collect the TV then I most likely would have been charged the collection fee plus the cost of labour etc as they reiterate it is not a mechanical breakdown or a manufacturers fault.

 

I've sent a mail to their CEO and will also do the same with TOSHIBA UK not that it'll make the slightest difference. Will report back if they can be bothered to reply.

 

Thanks for your input guys.

[dx100uk]

totally agree

 

go for it

 

dx

[Mr. Andrew Ruddick]

Sorry I don't agree that the tv had an inherent fault.

 

The fact that you have had it working correctly for nearly two years supports this.

 

HOWEVER

- where you have a claim is that the product must be of 'reasonable quality' and fit for purpose.

 

Reasonable quality is defined as what would be expected from a 'reasonable' consumer over a 'reasonable' time period

based on cost of the item (up to a maximum of 6 years or 5 in Scotland).

 

It would not be reasonable for a tv that cost this much to fail within 22 months.

 

It is also not 'fit for purpose'

- a tv would be defined as something that produces audio & video.

 

Furthermore if it has HDMI connections etc then they should be able to produce a higher quality level of video.

If it is stuck in standby this would not be therefore fit for purpose.

 

Whilst software may not be covered this is not the same as a manufacturer's firmware update.

 

Firware updates are normally provided by discs or downloadable and transferred via a USB stick.

 

This is not the same as someone installing faulty software on a PC which conflicts with the operating system (OS).

 

Stand your ground as your are correct in your assumptions.

If you have any photos of the fault, any Toshiba recommendations etc then these will help but you are in the right.

 

I'm an ex tv engineer by the way.

I'm a little out of touch with the very latest technology

but firware updates I've installed loads and this should not exclude your SOGA cover.

 

Good luck and keep us posted either way.