Faulty Samsung 42 inch plasma

[jmacp]

Hi Guys

 

I purchased a samsung 42 inch plasma display from currys on 21.06.07.

 

According to the TVs service menu it's been on for about 4000 hours or 160 days.

 

It's developed a line of miscoloured pixels from top to bottom about 1 pixel width wide. Obviously I expected my TV to last about 5 years?

 

What do I have to do in order to get currys? to look at it?

 

Am I being unreasonable?

 

John

[BankFodder]

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.

[Renzokuken]

As bankfodder said, take some photo's of your TV.

 

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.

Edited May 6, 2009 by Renzokuken

[jmacp]

Hi Guys

 

Have now got the engineers report which states failure of the PDP.

 

I am now looking to write the SOGA letter.

 

Can anybody point me to where the templates are please.

 

John

[Bookworm]

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!

[Ex DSG Man]

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.

[jmacp]

Letters writen and sent off recorded delivery.

 

Will let you know how I get on.

 

Thanks

 

John

[jmacp]

Quick Update

 

Currys are saying that the engineers say the failure of the plasma display panel is down to wear and tear?

 

They say they will reject the claim due to the above.

 

Funny that the engineers report I have just states that the PDP needs replacing.

 

What should I do now?

 

John

[dx100uk]

if you have it in writing then show them.

 

dx

[dx100uk]

oh and regardless to its time used

 

it 2yrs old

typically SOGA relates to 'resonable' amount of time' 2 yrs is not that!

 

stand your ground

 

dx

[jmacp]

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.

 

TIA

 

John

[dx100uk]

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

[jmacp]

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.

 

TIA

 

John

[dx100uk]

yep

as in post 6

dont forhet to attach copy of eng report to your letter

 

dx

[jmacp]

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.

 

Yours

[dx100uk]

'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

[jmacp]

Hi again

 

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

[thatdavieguy]

Hi again

 

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.

[jmacp]

Quick Update

 

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.

 

TIA

 

John

[dx100uk]

a polite phonecall on tuesday ['to allow the monday morning fog to clear] might not be a bad idea.

 

how is my TV progressing please.

 

dx

[jmacp]

Polite phone call made today. Nothing to add, to recap I have written to Currys twice now requesting they fix the TV and have had no repsonse from them at all.

 

At the moment I am writing out the LBA.

 

John

[AtlantisZPM]

Polite phone call made today. Nothing to add, to recap I have written to Currys twice now requesting they fix the TV and have had no repsonse from them at all.

 

At the moment I am writing out the LBA.

 

John

 

Your engineer may have shot you in the foot...

 

As far as I am aware the responsibility is for you to prove the fault was caused due to a manufacturing fault. If you go to court I should imagine you will lose, as wear and tear does not prove the above. I would speak to the engineer to find out exactly how the fault occurred and if it was a problem that was present since manufacture then get this documented and sent to the retailer. You should get better results as you now have proof it wasn't your fault

 

Hope you get it sorted and i encourage you to read the sales of goods act so you are armed with the knowledge and know first hand your rights

[labrat]

personal opinion here...

 

if its a full line of dead pixels then its a fsult with the display, ussually a dry link on the matrix. or something like that

 

its not wear and tear its something that hasnt been properly done, if they argue this remind them that theres a range of laptops (dv9xxx) that has recently had a warrenty extension for dry solder

[Bookworm]

If you go to court with a written report saying "faulty", and they try to defend with a "we phoned engineer and he said wear and tear" but refuse to put it in writing, I think we all know who is going to win. And so do they, that's why they won't put it in writing.

 

It's not up to you to get a 2nd report. You have a report in writing already. If they think they can prove otherwise, then THEY can get another engineer to do a different written report.

 

Personally, by now, I'd be writing out my POC claiming for full cost of TV, engineer's report, additional reasonable costs for time spent dealing with this @ authorised court rate of £9.25/hour, court fee, and you're entitled to add 8% APR for the time they have had the use of your money. claim for the lot and leave it for the judge to decide whether you should only get a portion.

 

If -as I suspect- they try to settle before the court hearing, don't settle for less than 100% of your claim, it is their choice to take it as far as that, once it is in the legal systen that is what you are entitled to claim, even if they try to say otherwise. ;-)

 

make sure you keep a log of the time spent on this file, in 1/4 hour increments so you can show the judge you're not just guessing.

 

when you file, file at your local court, not online, as there's not enough room to write POC properly on the online form. You can use the letter I had written higher as a basis for your POC, holler if you need more help.

[AtlantisZPM]

If you go to court with a written report saying "faulty", and they try to defend with a "we phoned engineer and he said wear and tear" but refuse to put it in writing, I think we all know who is going to win. And so do they, that's why they won't put it in writing.

 

It's not up to you to get a 2nd report. You have a report in writing already. If they think they can prove otherwise, then THEY can get another engineer to do a different written report.

 

Personally, by now, I'd be writing out my POC claiming for full cost of TV, engineer's report, additional reasonable costs for time spent dealing with this @ authorised court rate of £9.25/hour, court fee, and you're entitled to add 8% APR for the time they have had the use of your money. claim for the lot and leave it for the judge to decide whether you should only get a portion.

 

If -as I suspect- they try to settle before the court hearing, don't settle for less than 100% of your claim, it is their choice to take it as far as that, once it is in the legal systen that is what you are entitled to claim, even if they try to say otherwise. ;-)

 

make sure you keep a log of the time spent on this file, in 1/4 hour increments so you can show the judge you're not just guessing.

 

when you file, file at your local court, not online, as there's not enough room to write POC properly on the online form. You can use the letter I had written higher as a basis for your POC, holler if you need more help.

 

I do not understand your logic on this one I am afraid. customer says its faulty retailer says its not down to manufacturing fault. How would a court be able to side with the customer when it is clearly not enough to say its "faulty" which doesn't meet the criteria as stated in Sales of goods act....