No service cover but goods are faulty

[clemma]

Please can someone help. We got a television from Brighthouse in January 2007 but did not take out OSC. The television has now developed a fault and no longer works. After speaking to various people within Brighthouse I have been told that there is nothing they will do as i do not have OSC. I thought that this being a HP agreement, that they would be responsible for the repair of the goods for as long as i am still paying into the agreement. The tv costs over £1200. Also, when i told them that i expected the tv to last more than 18 months - i was told that was a reasonable time! Has any one else had a problem like this, and if so, where do i go from here.

 

I am also expected to pay for the item in full - even though it does not work. I can't just stop paying for it as i have 3 other agreements.

[Lefty]

Please can someone help. We got a television from Brighthouse in January 2007 but did not take out OSC. The television has now developed a fault and no longer works. After speaking to various people within Brighthouse I have been told that there is nothing they will do as i do not have OSC. I thought that this being a HP agreement, that they would be responsible for the repair of the goods for as long as i am still paying into the agreement. The tv costs over £1200. Also, when i told them that i expected the tv to last more than 18 months - i was told that was a reasonable time! Has any one else had a problem like this, and if so, where do i go from here.

 

I am also expected to pay for the item in full - even though it does not work. I can't just stop paying for it as i have 3 other agreements.

 

Hi there. And welcome to CAG.

Your statutory rights when buying an item with a Hire Purchase agreement are contained within the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973. The "implied terms" bit means the same requirements regardingly quality are inherent in THIS act as they are in the SALE of Goods Act.

Therefore, the same rules apply.

I'm sure that most "reasonable people" would expect a £1,200 TV to be free from manufacturer's faults for considerably longer than 18 months. The act (above) requires goods hired (purchased) to be DURABLE.

I'm sure a chat with Consumer Direct would confirm this.

Expect your BrightHouse store to put up FIERCE resistance, and expect little (if any) co-operation from them. Deal directly with Head Office, who will probably pass you onto a regional manager who will take a look at your case.

Contrary to popular belief (and I am speaking from experience here) BrightHouse have been known to "go the extra mile" particularly when it comes to customer satisfaction - particularly at regional manager level.

Hope this helps. And please keep us posted.

Cheers

Lefty

[clemma]

I have sent a letter based upon this template (sent to me by Consumer Direct)

 

Date…….

Owner / Manager's name (or The Manager)

Retailer’s name

Retailer’s address

Retailer’s postcode

 

Dear [Qwner/ Manager’s name or Sir/Madam]

Account No…………….

Supply of Goods (Implied Terms) Act 1973 (as amended)

On [insert date], I entered into a Hire Purchase agreement with you for [enter details of goods] from [insert suppliers details].

The following problems have arisen:

[Give brief outline of problem and any action taken]

I understand that under the above legislation, it is your responsibility to resolve the matter and would therefore ask that this is done within the next 14 days.

Yours sincerely / Yours faithfully

[Name]

 

I was advised to send it recorded delivery (which I have) and have sent copies to Head Office and our local branch.

 

Will keep you posted on what happens next....

[Lefty]

I'm sure that BrightHouse will want to retain a good customer, and will be only too pleased to assist once they are aware of all the facts.

Cheers

Lefty

[clemma]

Well - the letters i sent have been signed for. At least I know they have them. Now I am just counting down the days for them to respond. Have not built my hopes up for this one though.....

[plumberjon]

Well Clemma I wish you the best, you certainly sound like a customer not to be messed with.

 

The approach you are using is the best way to appeal to BH. They all too often are faced with irate customers shouting the odds at the first instance, which is why BH are always on the defensive.

 

Going to head office is the best method, directly to the chief executive if necessary. This then gets snowballed down the line and the manager of the store will get a phonecall from his SDM.

 

Keep calm and polite, quote the facts and only the facts and keep threats of further action to a minimum until they are a last resort. It's a bit like when you meet someone for the first time and you are smiling, it's infectious and immediatley very difficult to be nasty back!

 

Keep the thread going and let's beat them at their own game.

[clemma]

I sent the letters on the 21st October - today was the 7th, and final day, that they had to respond. Not to shock anyone here - but they DID NOT reply. Hmmm....will be on the phone again to trading standards tomorrow to see where I go from here.

[plumberjon]

Don't worry, we are not shocked!!!!

 

Just to clarify did you give them 7 days or 14 as it says in your template. If 14, best leave TS until it expires.

[clemma]

Trading standards told me to give them 7 days - i just forgot to change that bit on the template

[clemma]

Well, I am in shock today. Got home from work and a letter had arrived from Brighthouse (dated 24/10/08.) It says the following:

 

Thank you for you letter, received in our office on 24/10/2008

 

We are sorry to learn that you have been dissatisfied with the service we have provided and confirm that we will be conducting a thorough investigation into your concerns. Once we have completed this, we will write to you again.

 

In the meantime, if you have any queries, please do not hesitate to contact us on 0800 *** ***.

 

This is from Anne Healey - although she has not signed the letter (making it non-legal binding I guess).

 

So, what should I do? Sit and wait, or speak to Anne? Need some advice here.....

[clemma]

Everyone seems to have disappeared..... I'm still not sure what I should do (see above post).

 

Oh, and I sent a very polite email to Anne Healey asking for the letter to be re-sent on letterhead paper and with a signature. I received this the day after

[plumberjon]

Hi sorry Clemma for not replying, just got back from a short break.....

 

The letter you received is slightly encouraging, but at this stage I would treat it as no more than an acknowledgement of complaint.

 

It is a very standard reply and doesn't realy help as although it says they will investigate, it doesn't give you a timescale.

 

Maybe another letter from you thanking them for their reply to your complaint, but it would more helpful if you could have some reassurance that this is going to be dealt with promptly, just as they expect to receive your weekly payment for the faulty item.

 

Keep EVERY single bit of correspondence and CC everything, including photo copies of replies from BH to your local Trading Standards office.

 

At the bottom of all your letters, make sure you type :"C.C. (your town) Trading standards office"

[clemma]

Thanks. How about something along the lines of:

 

Dear Ms Healey

 

Thank you for your letter dated 24th October 2004.

 

Please could you reply with some reassurance that this issue will be dealt with promptly. I am continuing to make payments, as per my agreement, and would appreciate the knowledge that this will be resolved as soon as possible.

 

I have made two payments so far against the agreement, but am disheartened that I am paying for a product that is not in working order.

 

I would be grateful if you could contact me, by letter, within the next five days.

 

Thanking you in advance

 

Please feel free to make changes as you see fit.

[clemma]

Ok, well BH have made it clear today that they are not going to do anything. She asked for the details of the person I spoke to at Consumer Group (not that they will speak to BH). Anyway, I have contacted Consumer Group today and they are passing all details on to Trading Standards. Should hear from them in a couple of days. In the meantime, I'm still sat here with a broken television.

[DCA-KING]

Tell her where you get you advice from give her the link

let her read what a sh@t company shes with and that we now have members working on the inside that should frighten them what ones on there payroll are gathering evidence on them

Regards DK

[clemma]

Good idea - but I'm trying to keep things sweet at the moment (even though its really hard). Once this is all cleared up, I will tell them about this site - let them know that people know what BH are really like!! I will also tell them this is where I got most of my info and to watch out for Lefty!

[DCA-KING]

Why keep them sweet you stated the int going to do out tell them this is were you got your advice and you are even prepared to take this matter to court to protect your rights

Ann healey wont reply to any of my letters anymore so i phoned her told her i will search for her home address and send my letters there if shes too busy in work to reply

Bh harassed me all hours of the day and week how do you like it

[clemma]

Well, looks like I haven't got a case . The television is renowned for this, but as it is a consumable in th TV that doesn't work, trading standards have told me that I am responsible, not BH. Apparently, 18 months is about the lifetime of the bulbs.

[Lefty]

Well, looks like I haven't got a case . The television is renowned for this, but as it is a consumable in th TV that doesn't work, trading standards have told me that I am responsible, not BH. Apparently, 18 months is about the lifetime of the bulbs.

 

Not strictly so...

 

The bulbs (or lamps) are only considered to be "consumable" items if (and this is important) THAT THEY ARE DESIGNED TO BE REPLACED BY THE CONSUMER. In other words, does the instruction manual give you (the consumer) instructions on how to change them? Are they easily accessible by you (the consumer)?

 

Does your TV have these words written on the back:

 

NO USER SERVICABLE PARTS INSIDE. REFER ALL SERVICING TO QUALIFIED ENGINEER.

 

TV projection lamps are NOT necessarily considered as "consumable".

 

 

Hope this helps

 

 

Cheers

Lefty

[clemma]

Unfortunately, access is through a side panel designed for easy access. There is no mention of no user servicable parts, and it shows in manual how to replace . The fault is well documented on the net.

 

Thankfully, BH dont sell this model anymore - but others who had purchased it previously WILL suffer from the same problem. It is a SAGEM AXIUM HD-D45.....google it for problems

[Lefty]

Unfortunately, access is through a side panel designed for easy access. There is no mention of no user servicable parts, and it shows in manual how to replace . The fault is well documented on the net.

 

Thankfully, BH dont sell this model anymore - but others who had purchased it previously WILL suffer from the same problem. It is a SAGEM AXIUM HD-D45.....google it for problems

 

Wish you had mentioned projection lamps in the first place!!! Oh well...

Is it one lamp or three (RGB)?

What sort of cost is involved to replace the lamp(s)?

Cheers

Lefty

PS - Even if you had have taken BrightHouse Optional Service Cover, you would still be in the same situation!

[clemma]

It's just one lamp. I didn't realise until I did some research that it was going to be the lamp! Only found out today after speaking to a TV engineer (on trading standards advice) who said he doesn't touch Sagem's. He then explained the problem. However, on the plus side, thanks to CAG I've cancelled OSC and in process of cancelling DLC....

 

The lamp costs £95 (on ebay - brand new) but 500 euros from manufacturer. Guess I have no choice on this one. It's just a poor television....my bad luck:eek:

[Lefty]

It's just one lamp. I didn't realise until I did some research that it was going to be the lamp! Only found out today after speaking to a TV engineer (on trading standards advice) who said he doesn't touch Sagem's. He then explained the problem. However, on the plus side, thanks to CAG I've cancelled OSC and in process of cancelling DLC....

 

The lamp costs £95 (on ebay - brand new) but 500 euros from manufacturer. Guess I have no choice on this one. It's just a poor television....my bad luck:eek:

 

Yep. It really is a case of bad luck on this one. If the lamp is designed to be replaced by the consumer, then it IS a consumable item - and exempt from any extended warranty - and, in all fairness, an 18 month life span for a lamp is not unreasonable.

Did BrightHouse inspect the TV and realise it was simply a projection lamp at fault before THEY decided 18 months was a "reasonable" amount of time for a £1,200 TV to last? I suspect not!!!

Cheers

Lefty

[clemma]

NO.....they have not inspected TV and NO they never forewarned us either. I have just sent a polite email to Anne Healey......I can hope can't I???

 

Also, it is pure guesswork at the moment that it is the lamp. I'm not an television repair expert. It could also be a board failure/fan failure.....just because what I have read seems to point towards the lamp, doesn't mean that it IS the lamp. Therefore, BH should at least do an inspection. If it is the lamp, I will purchase a new one, anything else I expect to be covered by my statutory rights I just want BH to uphold their responsibilities under the Consumer Credit Act and the Sales of Goods (Implied Terms) Act......

Edited November 7, 2008 by clemma

[clemma]

Ok, well I have just received a call from my BH store. The regional manager has organised an engineer to call to my home next Monday. Will keep you posted on this one.

 

I think what got the response was my email. I sent it on a Saturday and got the telephone call Monday morning.

 

With reference to the below email and your response dated 24th October. I would appreciate if you could reassure me that this matter is being dealt with. I have not had a working television for 4 weeks now, and I think that this is a fair amount of time to wait for a response. Please can you confirm, by email, that Brighthouse are working towards a satisfactory solution. I am paying the weekly amounts as per my agreement so as not to breach the contract. However, I am becoming disheartened that I have not received any further correspondence.

 

I am currently seeking advice from Trading Standards and a very informative website (http://www.consumeractiongroup.co.uk/forum/brighthouse).

 

I have a feeling BH don't like this forum!!

Edited November 13, 2008 by clemma