Jump to content


  • Tweets

  • Posts

    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
  • Recommended Topics

  • Our picks

  • Recommended Topics

Plasma TV Broken - Can i get any help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4514 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi there, My plasma TV has broke literally 13 months after I purchased it.

I bought the TV initially off harban electronics, it is a 50inch and it came with a 1 year warranty.

 

Now as you know it's one month outta warranty.

 

Is there anything I can do?

 

Im sure I have the recipt somewhere but should this be such a problem if I don't? They do know me in there as I have purchase a few TVs from them over the past year for family as presents.

 

Thanks

 

Phill

Link to post
Share on other sites
  • 2 weeks later...
Hi there, My plasma TV has broke literally 13 months after I purchased it.

I bought the TV initially off harban electronics, it is a 50inch and it came with a 1 year warranty.

 

Now as you know it's one month outta warranty.

 

Is there anything I can do?

 

Im sure I have the recipt somewhere but should this be such a problem if I don't? They do know me in there as I have purchase a few TVs from them over the past year for family as presents.

 

Thanks

 

Phill

 

Have you approached them to repair it for you?

 

I have a Panasonic Plasma which went faulty twice, the first time it was repaired by Panasonic on goodwill, the second time it was outside warranty. I wrote to the manager of the shop holding them in breach of the Sale of Goods Act. I'm still waiting for a reply. I have also prepared papers for the small claims court to be issued on Wednesday and have written to my credit card company holding them jointly liable under the consumer credit act. It is not reasonable according to the law that a television should only last for 13 months. Go to the Consumer direct Website - Consumer Direct Know your rights.

 

Remember, it is the shop that sold you the goods that are liable under the law NOT the manufacturer. If they give you any bull about having to get permission from the manufacturer get consumer direct to report them to Trading Standards.

 

Good Luck

Link to post
Share on other sites
Have you approached them to repair it for you?

 

I have a Panasonic Plasma which went faulty twice, the first time it was repaired by Panasonic on goodwill, the second time it was outside warranty. I wrote to the manager of the shop holding them in breach of the Sale of Goods Act. I'm still waiting for a reply. I have also prepared papers for the small claims court to be issued on Wednesday and have written to my credit card company holding them jointly liable under the consumer credit act. It is not reasonable according to the law that a television should only last for 13 months. Go to the Consumer direct Website - Consumer Direct Know your rights.

 

Remember, it is the shop that sold you the goods that are liable under the law NOT the manufacturer. If they give you any bull about having to get permission from the manufacturer get consumer direct to report them to Trading Standards.

 

Good Luck

 

wasting your time if you dont have an engineers report & can prove it's a manu fault under SOGA 'unfit for purpose' . your agruement is with the manu not the point of sale.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
Hi there, My plasma TV has broke literally 13 months after I purchased it.

I bought the TV initially off harban electronics, it is a 50inch and it came with a 1 year warranty.

 

Now as you know it's one month outta warranty.

 

Is there anything I can do?

 

Im sure I have the recipt somewhere but should this be such a problem if I don't? They do know me in there as I have purchase a few TVs from them over the past year for family as presents.

 

Thanks

 

Phill

 

as suggested, i would approach the point of sale as you have a rapour? with them.

 

do you know what the fault is & have you researched to see if it is a known problem that has occured with others too?

 

see what the shop says first.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
wasting your time if you dont have an engineers report & can prove it's a manu fault under SOGA 'unfit for purpose' . your agruement is with the manu not the point of sale.

 

dx

 

I'm sure, in due course I will be supplying the shop with an independent report that the fault was, in all probability caused by a fault at the time of sale. I'm not going to pay for the report before Panasonic agree to replace it though. That would be just throwing money away. If they dispute my initial contact, the small claims court will be used and that is the time for engineers reports.

 

That is the advice of Consumer direct and Trading Standards anyway.

Link to post
Share on other sites
I'm sure, in due course I will be supplying the shop with an independent report that the fault was, in all probability caused by a fault at the time of sale. I'm not going to pay for the report before Panasonic agree to replace it though. That would be just throwing money away. If they dispute my initial contact, the small claims court will be used and that is the time for engineers reports.

 

That is the advice of Consumer direct and Trading Standards anyway.

i'll wait for you to start your own thread before i reply.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

The sales of goods act 1979 covers goods in England dependant on the cost and the expectation of how long it should last. I would expect a plasma tv costing a reasonable amount to last longer than a year. It is the retailers responsibility to offer a suitable remedy which could include repair or replacement.

 

If the shop fails to sort out your problem, the next course of action is to write them a letter, to head office, quoting the sales of goods act 1979 'That goods should last a reasonable amount of time and be fit for purpose'. Send it recorded mail keeping a copy. Give them 14 days to reply. If they do not reply send them another letter stating that if they do not offer you a suitable remedy you will take it further.

 

How did you pay for the TV, what make and model is it?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites
I'm with DX here,

 

Unless you have at least one independant report, you will be shooting yourself in the foot!

 

Jogs

 

As I've already said, if it goes to court, I will have one to submit.

Link to post
Share on other sites
As I've already said, if it goes to court, I will have one to submit.

 

Thats fair enough, but have you given the seller the report/chance to rectify the problem?

 

I can get a report from my best mate (he's a TV engineer) saying whatever I want. You still need to give the company that sold you the TV the chance to resolve the problem.

 

Jogs

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...