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Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
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29th August 2006, 13:27
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#2 (permalink)
| | Platinum Account Customer | Re: Philips LCD TV - still under warranty Yes.
When you buy goods from a trader, such as a shop, market stall, garage, etc, you enter into a contract, which is controlled by many laws including, the Sale of Goods Act 1979 (as amended by the Sale & Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002). The law gives you certain implied, or automatic, statutory rights, under this contract. The Sale of Goods Act 1979 (as amended) says that goods should be as follows: This means the goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information. In some circumstances, the retailer may be liable for any statement made by the manufacturer about the goods.
Satisfactory quality includes the appearance and finish of the goods, their safety and durability and whether they are free from defects (including minor faults) that goods of this type are generally sold. They must also be fit for any specific or particular purpose made known to the seller at the time of the agreement. As described - goods should correspond with any description applied to them.
Is this TV of satisfactory quality? The way to find out is the test of reasonableness, and it works like this: Ask the average person in the street: "I have bought this tv for xxx pounds at xxx date, now, it has developed this fault, do you think it is reasonable that it should fails now?" If the average person says "No, it is not reasonable", there's your test.
Ok, you don't actually need to go and ask. I think we can all answer this one here. TV's what, 8 mths old?
So now, here's what you do. You go back to Curry's, and you tell them to stop trying to BS you, you are now aware of your rights under SOGA, you're not happy they try to fob you off to Phillips when it is THEIR responsability. The law considers that the seller of the goods is always liable for breaches of contract, such as goods being faulty, so, even if there is a guarantee, the seller must rectify the faults if you ask him/her to.
Go and kick backside, my friend. 
__________________ Barclays: Won ~ NatWest: Won ~ Halifax (x2): Won ~ FNMF: Won ~ Barclaycard: Won ~ GHD: Won ~ Grattan: Won ~ GE Money: Won ~ Capital One: Won ~ Land of Leather: Won.*~*~*~*~*~*~*~*~*~*~*~*~* All advice and opinions given by Bookworm are personal, and are not endorsed by ConsumerActionGroup or BankActionGroup. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. |
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31st August 2006, 11:03
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#5 (permalink)
| | Platinum Account Customer | Re: Philips LCD TV - still under warranty DRG Retail are one of the worst lot to deal with, they seem to think they are above the law..
Have had a couple of run ins with this lot over the years, but stick to your guns, the law is on your side.
I had to resort to twice raising Small claims against them, and as soon as they were served on them ..their whole attitude changed and they were very helpful..  |
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1st September 2006, 21:11
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#7 (permalink)
| | Basic Account Customer | Re: Philips LCD TV - still under warranty No unfortuanly, your right to a refund ends when you "accept" the goods, this is when you take them home and use them as your own without reporting any faults. About 2-4 weeks in my opinion.
You are enititled to the "damages" caused by the breach of contract.
These will be:
1) Provide you with a working TV, whether it be repaired or replaced with old or new.
or
2) Pay you a certain percentage of the sale price back, ie: if they think you've had 30% of the TV's life usage then they may just offer you 70% back.
3) I think you'll end up going to court if you want the engineers fee back.
Regards,
Tom3131.
__________________ Before you take any legal action, please read through the FAQ's, then if you dont understand something, please ask for advice . If theres a thread in which you think I could help, please PM me using the Private Messaging facility in the top right hand corner of the screen.
[left][size=4][color=red][size=1]Advice & opinions of tom3131, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you ha
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15th September 2006, 21:13
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#10 (permalink)
| | Basic Account Customer | Re: Philips LCD TV - still under warranty I have a philips plasma, purchased from currys, it has had an intermitant fault for about 5 months, and the unit is only 7 months old! i have been in conversation with mastercare (currys aftercare service), what i have been told by them, and may help you out is, I quote, "from the day you report the fault you need to call at least once a week (not letting it go over a week between calls) even if the unit is away for repair! by doing that as long as we have had a chance to repair the unit at least once, after the 28 days you will be entitled to exchange the unit" i am still ongoing with my tv at the moment (waiting for parts which are back ordered).
the only thing I would advise if you are thinking of an exchange would be to consider the fact you may get one that has allready been repaired, if that is the case, you may be better keeping the one you have (after its been repaired of course) as you know what its been through since new, and you would not know any thing about the replacement, it could have been on for longer periods of time, or been mistreeted.
i hope this helps you a little in your quest! good luck |
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