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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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4 year old Samsung 3D TV rights to repair or replacement


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Hi I have a nearly 4 year old Samsung 3d TV that has now gone faulty, I paid over £1000 for this, at the time top of the range TV.

 

The fault is that it has now developed vertical lines down the screen, which I have been told is a panel fault, and the panel will need replacing at a cost of around £1000!

 

Obviously I am far from happy with the quality of this TV as I paid a lot of money for it and expected it to last a lot longer!

 

What are my rights to repair or replacement via SOGA?

 

Thanks

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Hi,

within the first 6 months of any purchase, any fault will be assumed to have been there from manufacture. After that time, it will be down to the consumer to prove the fault was there from the start.

Please don't say you bought it from Currys!

 

As you have had 4 years 'enjoyment' of the product, any refund will reflect that (and that's even if they offer any)

 

I would say that as you paid 1K for the TV, you should have had at least 6 years use so you will need to go back to the store.

 

The store may say that you have to get an independant report at your cost which if it proves that the panel was faulty, they should offer something (plus a refund of the inspection costs)

 

Whether the store agrees or not is unknown,

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Agree with the above. You'll almost certainly need to get an independent report done after this length of time, then more than likely write to the head office rather than going via the store. As stated, if the report finds that the fault is down to a manufacturing defect then the cost of the report will be refunded to you.

 

Given the length of time, a replacement is almost certainly not going to happen, and a repair is unlikely as either the parts are probably no longer available or it simply wouldn't be economic (Especially if you've looked into it and a repair is going to cost £1,000). The most likely outcome is an offer of a partial refund, which, based on purchase price and age, should reasonably be in the region of £300-350 plus the cost of the inspection report.

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Agree with the above. You'll almost certainly need to get an independent report done after this length of time, then more than likely write to the head office rather than going via the store. As stated, if the report finds that the fault is down to a manufacturing defect then the cost of the report will be refunded to you.

 

Given the length of time, a replacement is almost certainly not going to happen, and a repair is unlikely as either the parts are probably no longer available or it simply wouldn't be economic (Especially if you've looked into it and a repair is going to cost £1,000). The most likely outcome is an offer of a partial refund, which, based on purchase price and age, should reasonably be in the region of £300-350 plus the cost of the inspection report.

 

Same here... Most agree with the above 2 comments.

Technically it should last 6 years BUT... Even so, 4 years is not a bad going for something from Currys...

 

Get the inspection done and then lets see...

 

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The name on the building said PC word and curry's it was a huge mega store..

 

I belive it's the bonding tabs that are starting to go on the panel itself.. Sometimes these can be fixed but it's not a 100% fix rate and it's a tricky repair.. Ie it could be made worse... Tiny soldered or bonded ribbon cables running along the edges of the screen have started to disconnect, many dry joints basically. Ive had cheap LCD tvs much older than the Samsung that have not exhibited this problem with there screens. It's a fault with the panel, manufacturing fault. But I suppose it depends on how long Samsung think they should last?

 

I was told to try SOGA as a £1350 TV/panel should last longer than 4 years? Is this correct?

 

This is a common fault on this type of screen and model range apparently..

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As above, a reasonable expectation for a set like that would be 6 years under the SOGA.

Your first port of call should probably be to contact Head Office and see if they're willing to do anything without you needing to force their hand, but if they dig in and say it's not their problem then unfortunately you will need to get an independent inspection report of the TV at your own cost in order to force them to do anything.

 

If the cost of the set was £1,350 rather than a straight £1,000, then a partial refund should be in the region of £400 plus the inspection report cost. Personally I think this would be the most likely outcome rather than a repair/replacement.

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What if head office don't reply? What can I do then?

 

The panel is definitely faulty in the way in the way I described, I've had it checked out.. I can get a fault report no problem, but the most I can recopue is £400? You say, and I'm still left with the faulty TV?

 

This problem still occurs in newer TV models... So in reality you can only expect your 1.5k TV to last 3 to 4 year's maybe longer if your lucky,, unless you have some huge warranty protection?

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Around £400-450 is probably what you could expect or reasonably push for if they offered less, as the SOGA allows retailers to make a deduction in any refund for Enjoyment, based on expected lifespan and how long you've owned the set. In this situation I'm not sure you'd keep the faulty set however, I think the retailer would, at the very least, be entitled to take it away if they wanted to if they were giving a partial refund, but I'm not totally sure on that one.

 

If the head office don't reply you may be able to try e-mailing someone at the CEO office, which usually gets a reply in most large companies, and often gets a better response than going via the front line customer services. Someone else might be able to provide an e-mail address for that.

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Currys/PC World are part of the DSG group (Dixons-remember them)

 

As far as I can tell this is the email of the chief exec.

 

[email protected]

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I had a phone call form a nervous sounding knowhow chap I believe stating that someone will ring me soon and arrange pickup of my tv set? This was on Thursday its now Monday and still not heard anything..

 

This was in reply to my email sent to Currys customer services on the previous Monday..

 

Is there anything I should ask if they ever ring back or pick it up? i.e. what will actually happen to it when they take it away? should I get proof that they have taken it, and what they are going to do to remedy the fault? should I get this in writing?

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They would normally give you some paperwork to say they've taken it way, but at that point they wont be able to advise what they're going to do with it. They wont know if they'll be going with a repair or partial refund until it gets to the repair centre and is actually examined.

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Ok thanks i will just have to wait and see... My concern is that they do a sub standard repair or fit substandard parts.. Even though it's nearly 4 years old, my set is in A1 condition, not a scratch, dent, or mark on it, apart from the screen fault of course.. So is it reasonable to assume I should get it back in the same A1 condition with the fault repaired.

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It should certainly come back in the same condition yes.

Whether they actually repair it or not depends on the cost though. If it's going to cost more than around £300-400 to repair then they'll almost certainly go down the partial refund route as it'll be cheaper.

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What I would be doing is making a video of the TV, both switched on (to show the problem) and off so that you can get close ups of the case, both front and back.

 

I would never say a company may claim impact damage but better safe than sorry. Have some proof of the date the video was taken and don't edit it at all.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks your right better to be safe than sorry... I would not accept £400 for £1300 TV unless I got my TV back too.. Im sure they must have panels in stock somewhere or at least know where to get it repaired?

 

They can be repaired but special equipment is required to do it properly, but I'm not sure of the cost, if may not be economical to repair I've been told also..

 

Still this problem persists in today's newer models, and with a lot more of these panels around, hopefully they can fix it, Or find another alternative panel that will fix my model of TV, I've been told there are 3 types/manufacturer of panel that would be compatible.

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Have you Googled the TV model number? There are some companies out there that can repair/replace screens. Sometimes it can be as simple as a poor connection between the mainboard and the screen.

 

Post up the model number and I can also have a look.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Unfortunately I do believe they're entitled to keep the set if they make a, what would legally be considered, reasonable offer of a partial refund, in this case in the region of approximately £400-450. If you refuse on the grounds you want to keep the set as well, then they would likely be able to simply return the set unrepaired and leave it at that. If you took something back within the 1 year warranty for a full refund, you wouldn't expect to also keep the faulty product as well as the money.

 

As you say, if special equipment and/or expensive parts are needed to repair it, then it's likely that the repair would cost more than the partial refund. I also wouldn't be so sure about them definitely having panels for a 4 year old TV. Panel technology has changed very rapidly in the past few years, so keeping a 'just in case' stock of every type of panel for every type of TV they've ever sold simply wouldn't be practical.

 

 

I'm not trying to discourage you or anything, but just trying to be realistic and prepare you for the possible worst case outcomes :)

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My TV model is a Samsung UE46D7000

 

I have had a quick Google and I'm not the only one it seems with panel problems...

 

As for the £400 refund could I get the same TV for that money today in working order?

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Or do you both work for curry's/pc world and are talking me out of it?

 

I don't think so. They are just telling you the situation as it is. On a 4 year old TV set, you will only get an economical repair or an amount to reflect a fault occuring before the reasonable lifespan for the product. You might not get £300 to £400 and get vouchers of a lesser value towards a discounted similar spec model they have in stock.

 

If you want other independent advice, Citizens Advice have a consumer rights telephone helpline. Look up their number online.

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I'm not trying to talk you out of it at all, nor do I work for Currys/PC World. As I said I'm just trying to be realistic and prepare you for the most likely outcome.

We wouldn't get very far giving out unrealistic advice just because it was what people wanted to hear.

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you say that this is a common problem, that lets DSG off the hook and it is something you have to take up with the manufacturer as a latent fault. This is something you dont want to do as you will need an expert opinion on the fault, proof that Samsung knew about it and examples of others who have the same problem. Much better to be polite to currys and see what they can get you as a deal with the 1/3 off as a marker for the disappointment with your current set.

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Yes is a manufacturing fault. The bonding tabs are coming away... These are like tiny ribbon cables that are bonded/soldered along the screen, when they start to De-bond you start to loose that part of the picture, it's a well know fault and is still happening to this day.. The manufacturer no doubt will not acknowledge this as a problem and will try and keep it quiet. It is mostly faulty on the left hand side of the screen, where the psu is situated,I belive the heat from the psu can cause the bonding tags to start to come away also... Design fault?

 

Have a look at this video of one being repaired.

 

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