curry's - 21 month old Sony Bravia TV (KDL-37W5810) - refusing to repair under SOGA

[sparx]

Recently starting to have a problem with our TV occasionally turning off at random and then flashing the power led. After googling (and counting the led flashes), it appears to be some kind of main/power/digital board fault - and the errors are also displayed on the diagnostics screen you can get to via the remote.

 

I have contacted Sony via the web, and they have advised taking it to one of their service centres. After doing some more reading, I believe that our contract of sale is actually with Comet (or Curry's, we need to find the proof of purchase!), and therefore should we approach them before Sony?

 

I would not expect a television of 21 months to start showing a fault (especially one £600+), which I would put down to cheap/unsuitable components/bad design. All our TV's before now have lasted 4+ years, and I still have a generic HD 15" TFT thats 5 years old. It's not on for long periods of time, its not been knocked or moved off the stand since it was purchased and installed for us.

[rebel11]

Hi sparx

 

Your complaint is against the retailer. If you can't find the receipt, a Credit Card Statement should suffice as proof of purchase.

 

Have a read of 10, 12 and 13 in my signature. Send letters Recorded. They may require an Independant Report.

[dx100uk]

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/

 

dx

[sparx]

Turns out the TV has a 2 year warranty (Read the back of the user manual), so it's still under warranty. Curry's refused to touch it with a barge pole as its out of 12 months, but the local sony service centre has agreed to either visit and diagnose or we take to them.

 

Cheers guys, I may be back yet!

[locutus]

As you don't think a Sony TV should only last 21 months (and rightly so!!), you should also complain to Currys (they are part of the Dixons group, so the CEO is [email protected]). Tell them that as the retailer they are duty bound to sort this rather than you chasing Sony. Tell them how much you've spent in phone calls and letters and petrol trying to sort this, and tell them it's unreasonable and they should have sorted this, they should refund all your out of pocket expenses and also offer you some compensation for them not abiding by the law. See how they reply.

 

I will say though I'd much rather Sony techies look at my equipment over Currys tech support judging by a read around some other threads on this forum

[dx100uk]

why are they STILL refusing to repair stuff under SOGA

 

this is so so wrong.

a while back i got a long email from someone complaining

that their 'culture' of ignoring SOGA claim had gone

 

and that i should stop stating that they are useless at training their staff properly.

 

but AGAIN we hear the same thing day after days.

 

your LEGAL right under soga is being denied here

 

you really need to complain everywhere.

 

dx

[sparx]

why are they STILL refusing to repair stuff under SOGA

 

this is so so wrong.

 

a will back i got a long email from someone complaining

that their 'culture' of ignoring SOGA claim had gone

 

and that i should stop stating that they are useless at training their staff properly.

 

but AGAIN we hear the same thing day after days.

 

your LEGAL right under soga is being denied here

 

you really need to complain everywhere.

 

dx

 

Good call on complaining to Curry's - we're waiting for a call back from the Sony Service centre so we'll see what happens with that - if they say no, it has to be organised through Curry's then we will do that armed with SOGA.

[locutus]

Sony are pretty good in my experience, so it wouldn't surprise me if they don't sort things. They seem to appreciate repeat business. Currys seem to be in for the quick buck, and after they have your cash you're on your own.

 

Lodge your complaint with the CEO of currys whatever Sony say.

[sparx]

Went into curry's, they categorically stated that we need to contact Sony directly.

 

Im going to send an email to Curry's and explain the situation.

[rebel11]

Hi sparx

 

Some tips on writing a Formal Letter of Complaint, mark it as such :-

 

http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html

[Wozza2404]

I've heard no end of stories about people going as far as taking companies like Comet and Currys to court over issues like this, and it's only the manufacturer stepping in at the last minute that prevents it.

 

If Sony are offering to fix it, let them. I'd much rather let the manufacturer fix my tv than some surly work experience kid.

[locutus]

I agree with letting Sony fix this, but I'd also still complain about being denied my statutory rights, and I'd expect some compensation for the run around!

[dx100uk]

Went into curry's, they categorically stated that we need to contact Sony directly.

 

Im going to send an email to Curry's and explain the situation.

 

utter disbelief....

 

next they'll be asking the customer what is SOGA?

with a blunk look on their faces!!!

 

 

dx

[sparx]

utter disbelief....

 

next they'll be asking the customer what is SOGA?

with a blunk look on their faces!!!

 

 

dx

 

We are going down again tomorrow night armed with a booklet I printed off from the Home Office and going to see if they understand then!

 

I would have pushed harder, however I want to make sure I get it right first time.

 

My dad found "Any refund, repair or replacement you arrange with your customer relating to faulty goods

must not cause them too much inconvenience and you will have to pay for other costs, for example, collection or delivery."

 

in the booklet - however i'm guessing this is related more to delivery/collection of a heavy item

rather than inconvenience for being without said item?

 

(I think we may break down without a TV for 2 weeks!)

 

The local service center haven't got back to us yet, and they did say that we may need to speak to Sony directly,

or speak to Curry's to speak to Sony so they can authorise a warranty repair.

Edited October 14, 2011 by sparx

[dx100uk]

its NOTHING to do with a warranty repair NOR sony - ENDOFF.

though i would also agree id like mine to be done by sony too!

 

its a repair [organised] BY THEM UNDER the Sale Of Goods Act

 

they are legally obliged to either repair [and within 28days under THEIR own guidelines] & return the item

else replace it if they cant.

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/

 

they might [and p'haps you should]

get an ind eng to do a report

that fee will aloso be refunded by the retailer

 

 

 

dx

[sparx]

its NOTHING to do with a warranty repair NOR sony - ENDOFF.

though i would also agree id like mine to be done by sony too!

 

its a repair [organised] BY THEM UNDER the Sale Of Goods Act

 

they are legally obliged to either repair [and within 28days under THEIR own guidelines] & return the item

else replace it if they cant.

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/

 

they might [and p'haps you should]

get an ind eng to do a report

that fee will aloso be refunded by the retailer

 

 

 

dx

 

I'm going down with my parents and will be speaking on their behalf (as (i think!) I have a slightly better grasp of Soga) - will be insisting on speaking to a manager, and also because I really don't mind making a nuisance of myself! Outline/strategy:

 

• A 17 month old television should not be malfunctioning in such a serious way, and therefore from that I can determine that the item was not of satisfactory quality when we purchased it - it should be sufficiently durable and be in good working order for much longer than 17 months.
  
• As the retailer we purchased this item from, you have a legal obligation under the Sale of Goods Act to repair, or replace this item, as it has failed earlier than would be expected for a £600 TV. The fact that a year has passed is irrelevant, under the Sale of Goods Act, our contract is still with you, and not with the supplier or manufacturer (Sony), and as such you have a legal obligation to resolve this situation.
  

I'm guessing under SOGA that as the TV was delivered to us, it would also cover collection and redelivery/payment of delivery costs such as hiring a van? There is no way that we could safely move the TV and transport it to Curry's without causing some kind of damage.

[dx100uk]

they will take care of all of it

or should do...........

[rebel11]

These are the Facts, tells you everything you need to know :- http://webarchive.nationalarchives.gov.uk/+/berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

[dx100uk]

i must update my link and inc that one too

its very good

 

dx

[kabukiman]

There was some confusion on previous threads as to whether the soga still applied when a repair is sought through the manufacturer and not the retailer directly. I do recall someone posting about a manufacturer replacing a tv and the retailer refusing to deal with it as it was not the one sold by them, can someone clarify as to where one would stand.

[dx100uk]

the thing is, the manu does not have to abide by soga and could charge

whereby the retailer, in 99% of SOGA claIM cases cannot.

 

dx

[rebel11]

Next time I want to by something of value, i.e. toaster, I'm going to draw up a contract, nothing the Retailer doesn't know SOGA, I'll buy the goods at their outlet, if they don't sign I won't buy. I will buy from an outlet that signs.

[sparx]

Email sent to John Browett (CEO), the store manager I spoke to today was down right denying our legal rights (And wouldn't listen to me when I was quoting the Sale of Goods Act at him). Fed up now!

[locutus]

Get them to deny your rights in writing. Contact their head office

 

DSG Retail Ltd

Maylands Avenue

Hemel Hempstead

HP2 7TG

 

and tell them the store is refusing to repair / replace the TV. Tell them all the run around you guys have had with this and tell them to sort it or you will commence legal action. (a claim online is cheap, easy to do, and I doubt they'll even post a defense)

[sparx]

Get them to deny your rights in writing. Contact their head office

 

DSG Retail Ltd

Maylands Avenue

Hemel Hempstead

HP2 7TG

 

and tell them the store is refusing to repair / replace the TV. Tell them all the run around you guys have had with this and tell them to sort it or you will commence legal action. (a claim online is cheap, easy to do, and I doubt they'll even post a defense)

 

We have had some communication from Curry's at last - from the DSG Executive team.

 

They will:

 

• Have the TV taken away to be inspected by an engineer (I expect it will be one of their own?) - They are "waiving" the £50 they normally charge for this, however, we would get this back anyway as the TV has in no way been mistreated and this fault is commonly caused by faulty capacitors - which I could in theory replace myself for less than £5.
  
• If it is deemed to be an inherent fault they will repair, or if it is uneconomical they will partially refund us taking into account the use we have had from it - I have read from another thread that you can haggle with them on this, i.e. go into a Currys store and find an equivalent TV and say you want that much, etc - I don't know if this is right or not.
  

There is no mention of compo in any way shape or form (I assume they want us to think they're doing us a favour with the £50 inspection fee waived) - I may push more on this with more explanation about how much run around we have had with Curry's and the cost in producing documentation for their store management who should already know this.

 

I am more inclined now than ever before that if they try screwing us over I will happily see them in court, and I will never buy anything from them ever again. Tesco's had my laptop back to me 1 1/2 weeks after it developed a faulty screen (faulty cable between computer + screen), from day one when I contacted them - why do Curry's still think they can screw everyone over?