Plasma TV Advice please

[Fagin61]

I wonder if anyone can help me. I purchased a 50" Samsung plasma from Comet in Solihull in Nov 07. The purchase price was £995. I didnt purchase an extended guarantee and relied on the manufacturers guarantee which was for a yr. Since then the picture has blown leaving me with just the sound. I contacted Comets customer service who advised me they would send out an engineer. This would cost me £30 and any future parts would also be chargable. They stated if it was found to be a manufacturers problem I could then claim any costs from Samsung direct. Has anyone else claimed this way? I phoned the store, but was told that as the TV had worked when I bought it, they was nothing they could do. They did offer me Samsungs repair centre number.

Q> Is there any other recourse?

Q. What is the best repair engineer? Using Comet or Samsung direct?

 

Thanks Guys

[Guest Old_andrew2018]

Any claim that you might make under SOGA is against the retailer, not a manufacturer.

[Mydogsawestie]

Hi, I was reading a couple of threads similar to yours that you may find useful too...

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/206658-out-warranty-tv-advice.html

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/210085-expired-warrant-currys-tv.html

Hope you get it sorted soon.

[dx100uk]

2.5yrs is a bit short for a plasma.

 

get it inspected then chase the seller

 

look at my posts in the recommended threads above

 

keep us informed

 

dx

[Fagin61]

Thanks for your advice guys.

[Fagin61]

Ok update guys. Had the engineer round today and apparently the screen has blown. By the way, I made a mistake, the TV is 17 months old and not 2.5 yrs!!

Anyway its going to cost me £450 + £45 labour if I want a new screen. Not buying that if the TV is only 17 months old. He advised me to write to Samsung in Edinburgh, enclosing his report. Going registered post tomm, addressed to the Manager.

Up date you as we go along, anyone have any thoughts so far?

Thanks

[dx100uk]

no the SELLER

point of sale

shop

not samsung, they only provide warranty.

 

that why it is called the sale of goods act [sale ie brought ie shop]

 

now, have actually been into the shop? or just the general CS phoneline?

 

dx

[Guest Old_andrew2018]

As advised its the shop/retailer who are responsible, however when you write to them simply enclose a copy of the report, we don't want it accidently getting lost.

[Fagin61]

Thanks Guys. Will try Samsung first, if no joy, then its the retailer next. Want to explore all avenues, but will not hesitate to take this through the courts if need be.

Update you as soon as I hear anything.

[dx100uk]

huh?

unless you are claiming unfit for purpose, it is nothing to do with samsung.

SOGA is with the retailer.

 

dx

[Fagin61]

Hi Dx, I am aware of that. Its just if there is any chance Samsung can offer a free repair then I will take it. I have nothing to lose. If they say no, then its back to the retailer and the SOGA. My object is to get this repaired or replaced FOC. Samsung may well say get lost, but I feel it is worth a try.

Letter went today, so will update as we go along.

[raydetinu]

Best of luck! bear in mind that the retailer when offering to repair can take into account your previuos use and you may be asked to contribute to some of the cost.

[Fagin61]

Thanks Ray, comments noted.

[Fagin61]

Ok guys, update on the Plasma TV. As I mentioned I tried Samsung, and in short they did not want to know. Very polite, but " nothing to do with us guv " was their response. But hey ho, nothing ventured nothing gained.

Onto Comet today. I took the engineers report to the store and spoke to the manager. Intial response again, was "sorry it was working when you bought it" Until............... I said I would be taking them to court and would be sending an LBA letter giving them notice, before court action.

Manager disappeared in the back and after consulting ( must of been on the phone ) said to go ahead with this and once he received it, he would be in touch to " work something out" He also took a photocopy of the engineers report.

So we might be making progress. Has anyone got an LBA template letter I can use? Would be grateful, and will advise my progress.

Thanks for your help so far guys.

Fagin.

[Fagin61]

Ok Guys, got my LBA off to the store with a covering letter stating I want a free repair or replacement. Lets see what materlises!

Fagin.

[Guest Old_andrew2018]

How Much Time Have You Given Them To Respond

[Fagin61]

Hi old andrew.

As I understand it , it is 7 days with a LBA. However to allow for the post and to give them an adequate time to respond I have given them 14days. Is this correct?

[Fagin61]

Also sent it registered post, not recorded delivery. Is that a problem?

[Notty]

Hi Fagin61

Thanks for pointing me to your thread. We are waiting for the engineers report tomorrow. Panasonic TV, £1750, 18mths old. I am sure we will get the same response you have had. We are prepared to go to court. Did you find the LBA to use and if you did could you let me have a copy of it as I think we will probably need it. In the meantime you have to do without a telly.

[Fagin61]

Hi Notty,

Used a standard LBA which I borrowed from another thread. My letter went off on Fri, in my heart I do not think they will reply to it, but I will take them to court as its become a issue of principle for me. Gave them 14days ( i think the usual is 7 ) to allow for postage

 

 

Sale of Goods Act 1979 (as amended)

 

On 28/04/2008, ............................. which is not of satisfactory quality.

 

The problems are:

 

• ...............................
  
• ................................
  
• ............................
  

After taking advice from Consumer Direct I wish to claim a replacement or repair at no cost to myself.

S. 14 of the Act (above) requires that goods be of satisfactory quality and, given the make and price, I do not believe that the .... meets that description for the above reasons.

 

The appliance has been used and maintained in accordance with the manufacturer's recommendations, and there is no action or inaction on my part that could cause this problem.

 

For the avoidance of doubt, I do not have an extended warranty, nor do I require one, as this is a claim for breach of statutory rights. Further, the manufacturer is not responsible as my contract is with yourselves. I therefore request that you respond to my complaint within 14 days from receipt of this letter. Should I not hear from you by that time, I shall refer the matter to trading standards and, if necessary, commence legal action, but trust that this will not be necessary.

Yours faithfully etc.

 

Fill in the gaps with whatever is relevant to you.

 

Will keep you updated.

Any advice so far anyone out there?

[~ NC ~]

Good luck with this, I'm very interested in knowing the outcome!

[Fagin61]

Hi NC,

Sent the LBA letter off on Aug 13th, and havent heard anything yet from Comet. Issuing court proceedings on the 27th if no contact is made. Well up for this now. Keep everyone updated.

[rob110169]

Hi Fagin61 ... i too am in a similar situation to you - have you had the TV repaired yet? I have had advice from foolishgirl - see thread entitle comet - small claims court and she has advised that you can only claim for actual loss and not potential. I issued an LBA to Comet on the 4th August and they have not responded. Talking to the store manager he says they will do nothing until they get a letter from the court.

[Fagin61]

Hi Rob,

Yes read Foolish girls reply to you, very good info about the SOGA, which I will use when I fill my court forms in.

No I havent had my tv repaired. I was quoted £450 +£45 labour, which I was never going to pay. I saw the manager who said to go ahead with my court claim and he would then be " in touch to work something out ". So it would appear once they get the court papers they will respond, but not before. Might be a directive from Head Office, but it would seem we have no alternative to press ahead with the court.

As for the actual amount to claim, I will claim the above + my costs, and time etc. I was wondering about claiming for the full amount of the TV, after all the judge can only say no if it came to court. Perhaps someone can clarify if this is a good idea?

One thing though, if Comet try to " come to an arrangement" I will not be paying anymore. I have paid already for the call out and of course the court fees. Rather look forward to it it now.............no going back. The clock is ticking!

[Fagin61]

Ok Guys, an update. Sent the LBA letter off giving Comet until the 27th Aug to respond. Just received a letter today from them, stating that if the TV was working at the time of purchase the onus would be on me to prove it was faulty. ( which I knew ) and as such my claim is not covered under the SOGA.

They were prepared however to offer me £75 off a new TV or forgo the £45 labour costs involved the repair.

The letter was a mish mash of other peoples letters, they refered to my TV as an console and then a microwave. Clearly no thought had gone into it and they had just used a copy and paste of different letters.

I have rejected both offers and sent a letter to the store saying that unless I get my TV repaired at no further cost to myself ( already paid £73.50 ) or a FOC charge replacement I will be taking them to court.

So we await, bring it on.

Fagin.