Tesco direct television

[batman1956]

On August 11th we ordered a television from Tesco direct which we picked up on August 14th.

It was fixed to a wall bracket and used without problem until 1st September.

 

On 2nd September the T.V. was switched on and there was a black section to the screen.

 

We called Tesco and they asked us to send in a photo of the screen saying that they would get back to us within 3-4 hours,

they failed to do so and we rang them again to be told that they had not had time to look at our email and that they would call us back shortly after11 am the next day.

 

By 2.30 they still hadn't called and so we contacted them to be told

 

"it looks like accidental damage and so we are not responsible"

 

I tried to explain that there was no way that this could be the case but they refused to budge.

 

I then offered to take the T.V. to a local store with an electrical department so that they could perform a physical check of the item,

they said it wasn't necessary and that their decision stood.

They told me that I should take the set to an accredited repair place and obtain a report.

 

I believe that Tesco are in breach of the Consumer Rights Act 2015 and the following extract.

 

The first six months

 

If you discover the fault within the first six months after buying the product,

it is presumed to have been there since the time of purchase - unless the retailer can prove otherwise.

 

During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.

 

Tesco are adamant that they will not offer anything.

What are my rights?

[Surfer01]

Just a correction. Within the first 30 days you can reject the TV and you should do so immediately. After 30 days you need to give them one chance to repair the TV.

[batman1956]

Sorry I have officially rejected the T.V. in writing on 2nd September. However Tesco don't want to know.

[Surfer01]

Report them to Trading Standards.

Takes awhile but eventually TS contact the supplier.

 

 

In the meantime write to the head office and inform them that they are committing a CRIMINAL offence under Section 20 of the Consumer Rights Act 2015.

[batman1956]

Thank you. I have quoted them the relevant sections of the act.

but to no avail.

 

 

How can they hope to prove accidental damage when they have refused point blank to make a physical assessment of the item?

[Surfer01]

Have you written to the head office?

If not, write a letter as soon as possible to HQ and give them 7 days to resolve it before going to CAB or Trading Standards.

 

 

Don't forget to inform them that they are committing a criminal act by ignoring current legislation.

[batman1956]

emailed the CEO as soon as they said no. All replies are from there. I will email them again pointing out that they are committing a criminal act. They think that by calling it accidental damage their responsibility has ended.

 

Here is the email conversation starting from the bottom up. Tesco email in blue for ease of reading.

 

Email conversation with Tesco.

 

 

Dear xxxxxxxx

 

Thank you for offering to return the TV to your local store, however this won't be necessary.

 

The next step we would advise is for you to have the TV inspected by an accredited authorised repair agent.

Only if they can provide a report, backed up with evidence to show that this is a manufacturing defect would we be able to pursue this further.

 

Once again thank you for contacting our Chief Executive's office.

 

Kind regards

 

Xxxxxx xxxxxx

Customer Service Executive to the Board

 

As I said we will be issuing proceedings You will also find that we have already cancelled our saver delivery plan and emptied our basket for this weekend.

 

I am still more than willing to take the TV to the electrical department at my local Tesco Express so that they can actually see it.

 

This is the extent of my good will and will be withdrawn at 9pm today

 

 

Dear xxxxxxx

 

Thank you for taking the time to speak with me today.

 

As discussed I’ve spoken with our Technical Support team who have looked at the picture you provided.

 

There are cracks coming in from the left hand side of the screen.

 

 

There’s nothing in this area of the screen that would cause the LCD panel to crack in this way, without some form of external force.

 

We have come to the conclusion that this is accidental damage.

 

I know this will be disappointing for you.

 

Once again thanks for contacting our Chief Executive’s office.

 

Kind regards

 

Xxxxxxx xxxxxx

Customer Service Executive to the Board

 

Our full details were given here

 

On 11th August 2017, I placed an order for a Toshiba television and received it on 14th August 2017.

 

We have discovered that the television has a faulty screen.

I contacted your customer services yesterday (2nd September) who requested that I send a photograph of the screen to you (which I did) and that I would get a call back shortly.

 

Having received no call back we again phoned customer services who informed us that our email had not been dealt with but confirmed that as we had received an automated response it was in progress. At this time we informed the Tesco operative that I am due to go into hospital next weekend for complex surgery and so it is imperative that this is dealt with urgently.

 

We were told that “Macauly” would be in touch after 11am this morning (3rd September), again this did not happen and so again this afternoon we called customer services who have attempted to put us off until tomorrow. This is totally unacceptable due to the simplicity of the issue. A faulty screen will still be faulty and our Consumer rights will not change.

 

During the call this afternoon Mr. Matthews informed your operative that we have now officially rejected the television and under the regulations of the Consumer Rights Act 2015 we demand a refund.

 

To be clear here are our rights under the Act as quoted to your operative.

 

30-day right to reject

 

Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.

 

This right is limited to 30 days from the date you buy your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period.

 

The first six months

 

If you discover the fault within the first six months after buying the product, it is presumed to have been there since the time of purchase - unless the retailer can prove otherwise.

 

During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.

 

As these are our rights according to the Act there is NO question that by rejecting the goods due to their unsatisfactory quality a refund MUST be given forthwith.

 

Xxxxx xxxxxx

[sgtbush]

Is the screen cracked?

[AndyOrch]

Report them to Trading Standards. Takes awhile but eventually TS contact the supplier. In the meantime write to the head office and inform them that they are committing a CRIMINAL offence under Section 20 of the Consumer Rights Act 2015.

 

CRIMINAL offence:???:

[Surfer01]

CRIMINAL offence:???:

 

It is not civil as the supplier is wilfully disregarding current legislation so it is a criminal offence. I have a case involving rejection currently going against a supplier and have been informed that the supplier is committing a criminal offence as they were ignoring current legislation.

[sgtbush]

Criminal or civil.. Don't really matter..

Maybe the OP should post the picture of the tv on here so we ccan see what tescos have seen.

Without this we cannot judge

[batman1956]

I can't see any visual sign of damage to the screen. As far as I am aware pictures can't be posted to here but that would be immaterial anyway.

The onus is on the seller and not the purchaser, and so without Tesco making a physical inspection they are not in a position to make a decision properly.

[sgtbush]

Not correct.

You sent pictures

They say its because of external force, ie cracked coz of accident.

The ball is in your court so to speak.

 

Why is it immaterial not to post the picture?

Lets see how Tesco came to that decision.

[batman1956]

How can the ball be in my court when Tesco have not seen the television. All they have seen is a photograph. They have refused to let me take it in for a physical inspection. I have attempted to upload a photograph but it can't be done.

[sgtbush]

You sent a picture

They say it has cracks

Its not hard to upload the picture so you can have appropriate advice to wether Tesco are right or it is a defect

[batman1956]

Which proves what exactly? Google ladyboy images and tell me if you are looking at a male or female without making a physical inspection. They are making an assumption.

[sgtbush]

It shows what Tesco have based their decision on

[batman1956]

But is that correct according to the regulations contained in Consumer Rights Act 2015 ?

[sgtbush]

Well if their claiming it looks like accidental damage then yes.

You'll have to escalate it or take them to court

[dx100uk]

click upload to post pictures but tO PDF please ONE FILE!

 

there is no criminal offence its a civil one = COUNTY COURT claim.

 

the unit has failed within 30days

you are entitled to a full refund.

 

lets see these cracks or not!!

[sgtbush]

If it not accidental damage

[dx100uk]

research is the key

there are numerous examples of certain makes of TV cracking once on a wall bracket.

esp if its capable of tilting forward. shifts the centre of gravity and twists the frame.

[batman1956]

..

crack.pdf

[dx100uk]

I can see what they mean

 

looks like it been pushed back on the top right

or pulled forward from the top left and its bent whrn it hit the way and fractured

 

does it move to tilt left or right on that bracket?

[mariner51]

I would email Tesco customer services and ask for the nearest Approved repairer in your area

or just return faulty TV to the store of purchase, within 6 months, and rely on prevailing Consumer Protection legislation.

I doubt you can reject goods yet retain possession of same.