Jump to content


Servitor vs Crampton & Moore Faulty Plasma Tv (long)


Servitor
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4073 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,

 

How we doing? i wonder if someone could advise/comment on my procedure/progress with my action against this online company.

 

Basically the story so far.....

 

Bought a 42" Samsung Plasma TV from Crampton & Moore (online retailers) including 3 year warranty

 

Works fine for 3 1/4 years until one day the tv would not switch on. There was some kind of fault with the start "ignition" or something. Anyway i researched samsung tvs and apparently samsung have a known issue with the power on button with their LCD tvs but not with the plasma (ie not enough ppl had reported it)

 

So anyway i email Crampton & Moore. They tell me, its outside warranty so i should contact samsung. When i phone Samsung they tell me that i can get it fixed at one of their "samsung approved" repair centres. Unfortunately for me there were none at my location. The nearest one was around 60 miles away so i would have to pay for my tv to be taken there and also for it to be fixed.

 

I basically take umbrage at this, because i have not misusued the television set in any way. I understand from the SOGA that after 6 months if a fault is detected then it is the buyer's responsibility to ascertain the nature of the fault.

 

So i take it to a local tv repair company (with many years in the business). I pay to have it fixed and am informed that it was a component failure that caused the tv not to work. The engineer said such a fault could not arise through wear and tear.

 

I had him write up a report for me and i wrote a letter to Crampton and Moore explaining to them that i wanted to be reimbursed for my repair costs. I included the engineers report, a copy of my proof of purchase as well.

 

I said to them i expected a cheque in the post within 14 days. Around 13 days have passed (including saturdays and sundays) and no reply from Crampton & Moore yet.

 

Should i start formulating my "Letter Before Action" letter then?

 

Thanks for any advise

 

S.

Link to post
Share on other sites

  • 1 month later...

Hi i hope somebody somewhere is reading this!

 

ok i sent my LBA off beginning of last week. (gave them 14 days)

 

i also sent a copy of my letters to Retra because if there is a grievance they can negotiate between consumer and retailer (this retailer is a member)

 

However...

 

 

Got a letter today saying they think i have misunderstood the SOGA. I'll quote:

 

"however the sales of goods act 1979 (as amended) or in fact any other UK legislation does not give consumer an automatic right to have any repairs that may be required to be paid for by the retailer"

 

"The sales of goods act 1979 (as amended) does contain a "statute of limitation" which allows consumers the right to claim in a court of law for a period of up to six years (5 in scotland) that the goods they purchased were faulty at the time of sale and therefore they may be entitled to some form of compensation. This does not mean that goods should not go wrong during this period or that the consumer should not pay a reasonable price for their repair.

 

From the above you can see that our member is actually under no legal obligation to fund the cost of the repair to your television receiver and it is possible that a court may be of the same opinion.

 

May i suggest that you contact our member, Crampton & Moore as they are prepared to discuss the matter with you in order to arrive at a mutually agreeable end to this matter."

 

^^^^^^^^ that is what they have said to me.

 

Are they right? I thought goods had to be fit for purpose? The fault of my tv was not one that should occur during normal wear and tear. Its a faulty component. This is why i had an engineers report done to establish whether this was something that could be normally expected to happen after 3 years of tv use.

 

I'm also not sure why they have asked me to contact crampton and moore.....i gave Crampton and Moore at least a month to respond to my first letter, and my phone number is on all letters i send so shouldnt they be phoning or writing to me?

 

Help please?

Link to post
Share on other sites

sadly, without going in to stuff too deeply

 

they are correct.

unless the retailer gave you permission to go ahead and repair the item, then they are under no legal obl to pay for it

 

you did this off your own back.

 

pers i'd write to the retailer, suggesting that they might like to come to some mutual agreement and pay some of the bill.

but i think you might have spoilt things here by firing off demanding letters.

 

although DSR rules come into play here too, the rest is std SOGA

 

SOGAlink18.gif does not specify a set time a product should last for.

 

it should last for a 'resonable time'

 

this differs from product to product.

in your case you are probably around the point whereby is could be argued you are not covered at all under soga.

3-4yrs on tv IMHO.

 

however, if it is a recognised and acknowledged fault by the manufacturer themselves, which was unfortunately part of the original build, then they are obliged under soga to replace the product free of charge.

there is no time limit on this.

i've had a tv 12yrs old, replaced FOClink18.gif because it failed by the acked fault.

 

there is also no basis for if or if/not you have to pay for an inspection.

 

after the recognised 'exchange' period [normally 28days] typically most retailers will require you to get and pay for an inspection.

 

the repair should then be carried out in a timely manner [again typically 28days] and the product should then be returned working FOC & the inspection fee refunded.

 

if it is not repaired or repairable within that time, the retailer should replace the product with a new one of like specifications, or vouchers to an eq spec value.

 

in all of this, the customer should not come out the otherside with any financial loss nor an inferior product..

 

 

so to sum up and dont take this pers ....IMHO

 

you have no recourse to demand the retailer pays anything.

unless you can get a letter from the manu that is WAS a birth fault, you have no recourse through them either.

 

so what you have done is probably the way things will rollout anyhow even if you do push it.

 

sorry

 

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

having to write this again as forum timed out and got an error......

 

thanks for the replies.

 

Problem was Crampton and Moore wanted me to send it to an approved samsung repair centre. There is none in my city. Nearest one was approx 70 miles away. They wanted £200 straight away just to collect the TV ( plus add on repair and parts cost).

 

So i took it to a tv engineer in my city. He fixed it for £205 in total). It would have been much more expensive and a lot more inconvenient the other route.

 

I dont think ive been unreasonable. I initially phoned Crampton and Moore, got no joy there. Got the tv fixed myself, sent of the letter asking to be reimbursed by Crampton and Moore because the fault discovered was a component failure. I dont know about you but a £800 tv shouldnt break within 3 ish years. I had an old CRT that is still going 20 years on....

 

So a month later with zero response from Crampton & Moore...i send the LBA. (cced to Retra) Retra then ask me to phone Crampton & Moore. (dont they realise i was at that stage months ago - i gave Crampton and Moore plenty of time to sort this or at least try to help - they didnt do anything).

 

Besides id rather keep everything down in paper form. Expect to head to the sherff court next week to get the appropriate forms to fill in.

Link to post
Share on other sites

i think that is really crass to expect YOU to send it to the 'approved centre' at your own expense.

 

ideally what you 'should' of done was get the report & then take it into the shop.

 

again comumer law is used to 'fleece' the consumer here.

 

they shold have done that!

 

 

THEIR problem to send it away IMHO.

 

 

anyhow, i can now seewhere you are coming from.

 

might be the only route

  • Haha 1

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

up to you

but dont get mugged!

 

they should be paying the lot IMHO.

 

should of been repaired under soga endof!!

 

 

 

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

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...