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No, you are not being unreasonable. I'm quite sure that a five-year expectation is entirely reasonable. I am quite sure that this would be the reasonable expectation of any reasonable consumer.
However, you may be jumping the gun a bit by coming here and complaining if you haven't approached Currys first. On the other hand we do receive lots of stories of difficulties with Currys.
My suggestion is that while you have the television, take photographs of the screen problem and also of the menu where it shows the amount of time that the set has been used so far. Also take good photographs aall round thetelevision so that you will be able to demonstrate later on what the problem was and what the general condition of the television is.
Contact Currys and tell them you want it fixed. If they give you any problems then come back here.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, 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 have any doubts.
Go back to currys, although I wouldn't bother taking the TV with you. And ask if there is anything they can do to get it repaired. They will say no as it's out of warantee. Bare in mind they can't action anything in store anyway outside of the warantee period, so don't worry about that. Your only going in to store to ask them about it, so you can say that you tried the store first.
Once they say no, your next job will be to aquire an engineers report detailing the fault with your TV, probable cause, parts required for repair, cost of repair and a full run down of tests. This should set you back about £30 - 50. The report will idealy state that the TV was damaged through ware and tear or inherent fault.
After that's done, have a look around on these forums, and find a SOGA template letter, adjust the details accordingly, and send it, with a copy (not original) of your engineers report, via recorded delivery, to either DSGi's head office in hemel-hempsted or customer service center in sheffield.
After that they should contact you to arrange the repair, and remburse you for the engineer costs. Make sure that they remburse you by cash or cheque, not by gift card.
I work for DSGi plc
(aka currys, pcworld, dixons)
Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
So please seek advice from a professional if in any doubt.
There are no templates that I am aware of, consumer issues are too varied for that. But it's easy to write anyway:
Dear Sir/Madam,
re: xxxxx
Please find enclosed the engineer's report for the above product, confirming that the fault is due to [whatever it is]. I purchased the Tv on [date] and it failed on [date]. I paid £xxx for this TV.
I am of the opinion that the TV is neither of satisfactory quality nor fit for purpose as regards durability under the meaning of SOGA 1979 (as amended), and await your proposal for remedy within the next 14 days.[if you'd rahter have one remedy than another, say so here, would you rather get refund, replacement or repair? Bear in mind that they can choose which one will be the less costly to them, and that they may deduct a portion of refund to cover the usage you had of the TV for 2 yrs... Personally, I think that 70-80% of the TV would enable you to get a good upgrade ;-)]
Also please find enclosed the invoice for the engineer's report I had to get, since this expense was incurred by me as a result of the failure of your goods, please reimburse that amount as soon as possible and no later than 28 days from the date of this letter.
Yours etc...
See? Simples. ;-)
Good luck, any questions shoot, and let us know the outcome!
Apologies to people who I was in the process of helping, I may be gone some time.
Spot on advice for a claim outside manufacturers warranty ie.
1. Ask the store to fix but expect a no.
2. Get an estimate confirming manufacturing / mechanical fault.
3. Send polite but strongly worded letter to request replace/exchange/refund along with engineers report.
4. Chase up, chase up, chase up.
I would only add that DSG litigation dept dont like small claims courts so dont be afraid to raise a claim if the above doesn't sort it out - Takes just a little time and effort if the above fails.
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
So would it be fair to say that they are just using the "wear and tear" statement as an excuse to avoid paying out.
They claim to have phoned the engineers and have been told by them "it's wear and tear". They then suggested I get another engineers report.
I take it from this point I would write another letter explaining that a plasma screen should not reasonably fail after 2.5 years regardless of reason and re issue my claim for the screen repair.
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
Posts
25,063
Re: Faulty Samsung 42 inch plasma
follow ex-dgs man advise.
i would also push them that you want it in WRITING that they will not repair it because the eng said wear'n'tear. so's you have the eveidence should you wish to proceed to small claims.
if they wont give you that in writing, then ....repair it please under SOGA then.
dx
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Spoken to Currys again this morning and they WILL NOT give me in writing that the plaasma fault is down to wear and tear. They say I have to phone the engineers I had look at the tv.
So as per your guidance I would be looking to write again to them asking them to repair it under SOGA.
Would there be anything else I need to include in my letter or should it be a carbon copy of what was previously sent.
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Here is a copy of what I sent the first time. Do you think I should add anything because they have not replied within 14 days
Dear Sir/Madam,
Samsung PS42Q96HD Plasma TV fault
Please find enclosed the engineer's report for the above product, confirming that the fault is due to failure of the Plasma Display Panel. I purchased the TV on 21.06.07 and the panel developed the fault during November 09. I paid £700 for this TV.
I am of the opinion that the TV is neither of satisfactory quality nor fit for purpose as regards durability under the meaning of SOGA 1979 (as amended), and await your proposal for remedy within the next 14 days.
My own preference would a suitable replacement TV
Also please find enclosed the invoice for the engineer's report I had to get, since this expense was incurred by me as a result of the failure of your goods, please reimburse that amount (£40) as soon as possible and no later than 28 days from the date of this letter.
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
Posts
25,063
Re: Faulty Samsung 42 inch plasma
'i would leave out the bit about its your opinion'
it is faulty [fullstop!]and under the SOGA, you are required to repair/replacement or refund me within 28days, this includes the cost of the enc, engineers report.
dx
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
I sent the following on the 15th and have had no reply.
Do you think I should folllow it up with a phone call?
Dear Sir/Madam,
Samsung PS42Q96HD Plasma TV fault
The TV is neither of satisfactory quality nor fit for purpose as regards durability under the meaning of SOGA 1979 (as amended), and under the SOGA, you are required to repair/replacement or refund me within 28 days of which you have had 14 days.
I sent the following on the 15th and have had no reply.
Do you think I should folllow it up with a phone call?
Dear Sir/Madam,
Samsung PS42Q96HD Plasma TV fault
The TV is neither of satisfactory quality nor fit for purpose as regards durability under the meaning of SOGA 1979 (as amended), and under the SOGA, you are required to repair/replacement or refund me within 28 days of which you have had 14 days.
I await your proposal for remedy by 01.03.10.
Yours
If the above that i've highlighted is what you put in the correspondance on the 15th then you should give them until the date to respond. You could call and ask for an update on your issue and they may discuss it further.
As tommorow is 01/03 and I've had nothing from currys I guess it's time for the next step. Should it be a 7 DAY lba or should I be moving straight to small claims for the cost of the repair.
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Faulty Samsung 42 inch plasma
Reply With Quote
ie.
Originally Posted by jmacp
