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TV from Tesco **RESULT!!!**


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I bought a LCD TV from Tesco in June 2006, 2 days ago the screen went blank and the sound distorted, now it does'nt even switch on. Unfortunately I did'nt take out extended warranty on it. I contacted Tesco Customer Services who said I need the receipt as they may be able to help, I've lost/misplaced the receipt :oops: , I have a bank statement and clubcard points were added on that transaction, would that be enough proof to prove purchase? I thought the TV would last more than 18 months :-x

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Phoned Tesco again with the purchase date August(not June) 2006, store I purchased it from and price £399.97, they arn't interested as its out of the 12 months. Phoned the manufacturer, not interested as its out of warranty. Is there anything else I can do??

I'm so :-x :-x

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Yes, you can get back to Tesco's and tell them that interested or not, it is their responsability, and would they like to change their minds before you report them to Trading Standards for denying you your Statutory rights under the Sales of Goods Act 1979?

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You'll still need to prove that 18 months is a reasonable time for a £400 tv to last (which it probably is) and that the fault was present when you bought the item.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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IMO, you don't need to prove anything of the kind and how would you anyway ? 18 months is NOT a reasonable amount of time for a £400 appliance to last.... and I doubt that Tesco would try arguing with that.

 

The proof of purchase is they key here. I doubt that Tesco will want to go as far as Trading Standards with this and should either replace it straight away or arrange for a free repair (under The Sale of Goods Act, 1979).

 

:)

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IMO, you don't need to prove anything of the kind and how would you anyway :)

 

This is a common problem. After 6 months, it is down to the buyer to prove that the item does not conform to the contract, but this can be very difficult and costly for many people. I believe it is enough to say "Well there is no way I could have caused it" by:

 

1. Ascertaining that the product should not have normally done this within this length of time.

2. That you have done nothing that could have caused this and have been reasonable

 

After this it is for them to counter your claim.

 

I believe it is termed "res ipsa loquitor" (the thing speaks for itself) in negligence cases but whether it can be adapted to sale of goods I don't know.

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I have argued this point several times in-store... and more recently, through correspondence with GHD (hair straighteners)... and been successful every time.

 

I would like to think that an element of common sense would come into this argument with a storeperson, but failing that... a complaint to the MD has always done the trick for me.

 

The Sale of Goods Act, 1979 covers an appliance for 6 (?) years after purchase. If you can turn this situation on its head for a moment, I would be very interested to see what a company as large as Tesco would put in writing to try and justify the "fitness" of a product that costs around £400 and packs up after 18 moinths.

 

:)

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Common sense is a commodity that most stores lack....

Also (and just nitpicking here), the 6 years is the Statute of Limitations, SoGA only covers a product for as long as it applies to it - in other words it really is self defining! (My fave example is a normal toothbrush - I really would love someone to take one in after 5 years!). I have on the campaign thread put in something about reforming sale / supply of goods legislation slightly - it is one area where there is imbalance on both sides - very easy for consumer in 1st 6 months but after that its a bugger!

 

Well done on the straighteners btw, perseverance does pay off!

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I've been doing a bit of research for the lifespan of a LCD TV and it appears 60,000+ hours is the expected lifespan. I am going to put this information in the letter to Tesco, whether it will help I don't know. I have contacted the government Consumer department who have said I should be entitled to a repair/replacement/refund under the Sale of Goods Act and will take the case on if I have no joy with Tesco.

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Oh, you do have the right - provided you can prove that the fault was there when you got the item. It doesn't have to be but an engineer's report is a good way to get this.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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ForestChav.... if a person could prove that a fault was present when they got the item, then they would have taken it back sooner and not waited 18 months.... There's little sense in that argument. Sorry.

 

I'm well aware that common sense is lacking in a lot of floor staff, which is why you sometimes need to go higher.... to a point where customer care matters, they may care about their reputation as a company.... and may be familiar with The Sale of Goods Act.

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Some of the problem as well is whether a seller is refunding to shut someone up or becasue they genuinely want to do the right thing. When I was working in insurance, any complaints were decided on terms of the cost of resolving the complaint compared to the cost of saying "no" and letting it go to the FOS (for which a fee was payable by the insurer). This often meant that cheap undeserving claims were met but expensive deserving claims were refused. Stupid, but sadly true.

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ForestChav.... if a person could prove that a fault was present when they got the item, then they would have taken it back sooner and not waited 18 months.... There's little sense in that argument. Sorry.

 

I'm well aware that common sense is lacking in a lot of floor staff, which is why you sometimes need to go higher.... to a point where customer care matters, they may care about their reputation as a company.... and may be familiar with The Sale of Goods Act.

What it means is if there was a design fault which meant the goods failed before their expected lifetime. Or something like faulty caps which take time to show and initially work but were always going to explode.

 

It doesn't mean the item was showing symptoms at time of purchase, a bit like a time bomb.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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  • 2 months later...

I finally received a cheque on Friday from Tesco, £300, not the full amount as they said I have 18 months use of the TV. I also received a £50 gift card as an apology for the delay in sending the cheque out. So now I have to go and find myself another TV, I just hope I don't have the same experience with the new one.

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I finally received a cheque on Friday from Tesco, £300, not the full amount as they said I have 18 months use of the TV. I also received a £50 gift card as an apology for the delay in sending the cheque out. So now I have to go and find myself another TV, I just hope I don't have the same experience with the new one.

 

Result !... ;-)

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  • 3 years later...

I have had to resurrect this thread. I did buy myself another TV, a decent one. Sony Bravia for £499 with a 5 year warranty. That now has a thick black line running down the screen after 3 years & 2 weeks. I purchased it from a Sony Centre which has since closed. I have contacted Sony direct and they say the store in question deal with the extended warranty and the stores are nothing to do with them as they are franchaises! I only bought that TV because it had a 5 year warranty and I did'nt want to go through all the grief I had with the previous TV. :-x

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I have had to resurrect this thread. I did buy myself another TV, a decent one. Sony Bravia for £499 with a 5 year warranty. That now has a thick black line running down the screen after 3 years & 2 weeks. I purchased it from a Sony Centre which has since closed. I have contacted Sony direct and they say the store in question deal with the extended warranty and the stores are nothing to do with them as they are franchaises! I only bought that TV because it had a 5 year warranty and I did'nt want to go through all the grief I had with the previous TV. :-x

 

Goodness they dont make tellies like they used to do they, such bad luck sorry to hear.

 

Would have hoped franchise or not sony would help, there is a sony store in our city centre and it doesnt shout warning this is a franchise on it !!!!!!!!

 

See if more in the know help arrives soon xx

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I have had to resurrect this thread. I did buy myself another TV, a decent one. Sony Bravia for £499 with a 5 year warranty. That now has a thick black line running down the screen after 3 years & 2 weeks. I purchased it from a Sony Centre which has since closed. I have contacted Sony direct and they say the store in question deal with the extended warranty and the stores are nothing to do with them as they are franchaises! I only bought that TV because it had a 5 year warranty and I did'nt want to go through all the grief I had with the previous TV. :-x

 

Forgot to add the Sony Centre which I purchased the TV from has gone bankrupt so the warranty is'nt worth the paper its printed on. Anyone know where I can go from here?

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