John Lewis - OLED Screen Fault

[Goodshopper]

Hello,

 

I purchased an LG Oled E6 television in 2017, and over the last few months it has developed a green area across the central area of the screen covering maybe 70% of the screen, which is impossible to unsee.  It means that all faces and pictures have a green look to them as you are viewing, and you can see some lesser examples of this by a simple google image search for 'green lg oled'.

 

I had a 5 year warranty as standard with John Lewis, and so reported this to them, and in due course they sent out an engineer.

 

The engineer took a few pictures and said he had seen this a fair bit with LG televesions and it would need a new panel, so he would send a report to JL

 

A week or so later he had sent the report back to John Lewis, stating that my particular model being one of the last 3D panels, could not be repaired, as LG do not make them anymore, and ultimately that the fault is down to 'customer misuse' by causing this 'screen burn'.

 

I was flabbergasted that I am somehow to blame for this by merely watching the television, which for one, has a built in screen saver to avoid burn in, and secondly, being someone who diligently used the lowest brightness settings and cleared the panel noise (using the in built tool) regularly to try and avoid such an occurence.

 

John Lewis are now completely absolving themselves from the issue, and having spoken to LG, they acknowledged by email that "...based on the nature of the issue that the unit has developed, the outcome is a Panel fault issue which has been confirmed by our technicians after a review of the images you provided...", and ultimately that I can pay them a reduced cost to repair it if i wish.

 

I don't see why I should have to pay for this at all though, especially when looking online there are numerous threads on forums and even a youtube review talking about how this particular generation of OLED's from LG have had the same common problem.  JL do not wish to contribute to the cost of repair, nor replace the TV as they are hanging onto this report which says that it is screen burn caused by me, and LG don't want to officially acknowledge it as a known issue with 2016 and 2017 panels for obvious reasons.

 

Please can someone help explain my options?  I didn't pay by credit card, and I have never been through the small claims process before, but I am at a loss for what steps to take next.

 

Thank you

 

[dx100uk]

in a way sadly JL are sort of correct here..disregard the indication it's been caused by 'user error', that doesn't really factor here .

 

the TV is close too 4yrs old or more, even if JL were to agree, taking into account 4yrs of commensurate use, that will, depending upon the original cost, reduce significantly any monetary sum they could ever offer.

 

before we move this forward...

how much was the TV? 

and how much is the repair going to cost?

[Goodshopper]

Thanks for  your response.

 

The TV cost £1999, and LG have said they can repair it for £200.

[dx100uk]

good

ask JL if they will contribute toward the repair?

 

[FruitSalad1010]

What DX has written is accurate if you were to embark upon enforcing your statuatory rights but what of the 5-year guarantee on all TVs.

 

Asking for a contribution to the repair at this stage seems somewhat overly generous.

 

Having reviewed JL's 5 year TV guarantee here it mentions no exclusion for a panel fault issue. If you are in receipt of the engineers report this is clear evidence you were sold faulty goods.

 

What is written is the following:

 

Quote

Claiming on your guarantee

If your product develops a fault:

1. Look for any obvious reasons for the breakdown and consult the troubleshooting guide in the manufacturer's handbook or on their website
2. If that doesn't resolve the issue, please contact our technical support team who will be happy to help:

•     Call 0330 123 0106, 8am - 9pm weekdays, 8am - 8pm Saturdays and 10am - 6pm Sundays (call charges will depend on your telephone provider)
•     Please have your model number and date of purchase to hand when you call. You'll find all of this information on your original receipt – this acts as your guarantee, so please make sure you keep it safe

If we can't repair your TV, we'll replace it with a TV of equivalent specification. If no equivalent product is available, we'll either offer you the nearest equivalent specification or its selling price value, and we'll always do our best to make sure you're satisfied with the outcome.

 

Provided you can prove your date of purchase falls within the guarantee period I see no reason why you cannot insist on enforcing the guarantee detailed on their website. To not honour the guarantee may leave JL liable for having mis-sold or falsely advertised their products.

 

Clearly having had the TV assessed by an available, trained and approved repairer and the fact JL are likely to be able to pay the costs of the repair I see no clear reason why JL cannot have it repaired as their guarantee indicates they would.

 

Pay little attention to the current position of JL. I have personally followed pre-action protocol against them twice in the past year and indicated I would for a third time. On all three occassions JL have reversed their position and eventually elected to settle each dispute prior to risking having a judgement awarded against them.

Edited May 8, 2021 by FruitSalad1010

[FruitSalad1010]

Should JL continue to refuse to honour the guarantee they clearly advertise on their website, you may wish to escalate your issue to any of the Executive Directors who can be contacted by one of the following e-maill addresses.

[email protected] - CEO
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]

Edited May 8, 2021 by FruitSalad1010

[dx100uk]

3 hours ago, Goodshopper said:

JL do not wish to contribute to the cost of repair, nor replace the TV as they are hanging onto this report which says that it is screen burn caused by me,

 

 sorry i didn't see this earlier was on a small screen.

 

do as FB recommends. email JL..

 

clearly state they have 14 days to pay for LG to repaid the TV  @£200 or you WILL issue a letter of claim under the pre action protocol citing their online guarantee which clearly states....

 

We offer outstanding guarantees in addition to always honouring the manufacturers’ guarantees. All our guarantees are in addition to your statutory rights.

 

 

[BankFodder]

I suggest that you do all the correspondence et cetera advised above – but you want your TV back.

2000 quid is a huge amount for a television and I would certainly expect it to last for 10 years.

If I were you I would put the repair in hand – make sure that they understand you're not happy about it and it's under protest. Put the repair in hand and then claim all the money back from John Lewis.

We will help you.

 

[FruitSalad1010]

While I agree with the sentiment, should this progress to court the claimant could be at risk of not being able to claim against JL for an unsatisfactory repair.

 

For example, while it is unlikely, should the repair not be of satisfactory quality this is unlikely to be the fault of JL.

 

This now leaves the possibility of a further dispute between OP and the repair company.

 

However if the OP insists that JL organise and pay for the repair, it may take longer, but if the repair does not go as planned this is a matter for resolution solely between JL and the repair company.

 

It also protects OPs rights outlined in the guarantee to receive a TV of equivalent specification which may be forgone if OP proceeds with a repair without the agreement of JL.

Edited May 8, 2021 by FruitSalad1010

[BankFodder]

I agree.

Maybe I didn't read it correctly. I had thought that the whole matter had been referred to the repairer by John Lewis

 

On the other hand, if John Lewis has washed their hands of it – then I think a letter to them explaining that you are going to mitigate your loss by having the set repaired by the recommended repairer and that you will be pursuing them afterwards for your expenses – in view of their lack of interest.

I think that will cover everything

[Goodshopper]

John Lewis have already told me that they cannot do anything or contribute to the repair via the manufaturer LG, as their guarantee explicitly states that 'screen burn' is not covered.

 

To be fair to them, on the back of my receipt it does have a list of exclusions including "image ghosting or screen burn".  The issue is that their repairer has incorrectly stated in his report that the fault is due to customer misuse/screen burn, and therefore it is not included in their guarantee and they cannot help.

 

LG the manufacturer have sent me an email where they state "...based on the nature of the issue that the unit has developed, the outcome is a Panel fault issue which has been confirmed by our technicians after a review of the images you provided..."  and they offered to repair it for £200.  So there is disagreement on the cause of the issue between the retailer and the manufacturer too, with JL conveniently deeming it something that is excluded from their guarantee.  John Lewis as mentioned previously are holding onto this engineer report as gospel and refuse to budge.  I understand that more recently they offer an additional extended warranty at a cost on televisions, which DOES cover screen burn, but obviously this is no use to me.

 

 

[FruitSalad1010]

The right to mitigate losses is being worn away by JL's negligence.

OP also has the right to have their guarantee fulfilled at little inconvenience to themselves.

 

By disregarding the guarantee JL have effectively given up their "claimed right" outlined in the guarantee to be the executive decision maker as to whether the guarantee is fulfilled by way of repair or replacement with a TV of equivalent specifications and thus disregarded their opportunity to mitigate their own costs.
 

As outlined in the guarantee the OP has the right to both options.

 

Given JL's unreasonableness it could be deemed entirely reasonable for OP to feel it is less inconvenient to purchase a new TV with equivalent specifications.

The new TV will come with a fresh set of statutory rights.

OP will be able to receive some continued albeit diminished benefit from their faulty TV until the replacement arrives.

If the replacement TV turns out to be faulty it can be returned at little cost or inconvenience.

This is in contrast to the significantly inconvenient option of arranging to have the TV repaired which involves.

Arranging for collection.

Risking paying for a repair with no guarantee of success.

Awaiting the TV to be returned.

In the meantime OP receives no benefit at all from the ownership of the faulty goods.

 

Rather than being instantly out of pocket and in the position of having to risk a claim to be restored to their original position (despite being very likely to succeed), a better option would be to locate a TV of equivalent specifications and bring a claim for that amount.

 

Should JL continue to flaunt its own guarantees then JL is unlikely to be successful if they then choose to contest the amount claimed by the OP on the grounds OP should have diminished their costs when JL had their own opportunity to do so by simply arranging for repair of the goods themselves.

 

While not the direct intention, JL may decide that it is in their interests to arrange for the repair of the faulty TV than risk a claim for what is likely to be a more expensive replacement TV.

Edited May 8, 2021 by FruitSalad1010

[FruitSalad1010]

GoodShopper, given the two oppinions as to the nature of the fault.

 

Would you prefer to rely on that of a retailer who as you have pointed out miraculously believe the fault lies outside the scope of their advertised guarantees.

 

Or would you prefer to rely on the professional oppinion of the approved manufacturer of the TV who make no mention of screen burn or customer damage and as far as you have indicated only refer to the cause as a "panel fault".

 

When brining a claim citing faulty goods it is often deemed necessary to seek an independent professional report as to the cause of the faulty goods. In this case JL do not meet that criteria while LG most certainly do.

To be clear any claim would have to be against the guarantee as outlined on JL's website.

 

I would ask to review the copy of the report provided by the manufacturer and if they refuse explicitly ask them why. The fact they have admitted the report exists would make it likely that you would be able to obtain a copy of such a report when bringing a claim.

 

Alternatively you could arrange for your own independent report from LG and if there is a cost for this it would be included in any settlement figure as a result of JL refusing to share the report they admit to being in receipt of.

Edited May 8, 2021 by FruitSalad1010

[FruitSalad1010]

To be clear are you saying two independent reports exist?

 

One sought by JL from an unknown repairer indicating the fault is screen burn and one sought by yourself from LG indicating the fault is a panel issue?

Edited May 8, 2021 by FruitSalad1010

[Goodshopper]

There is only one report from the guy John Lewis sent round to inspect the television. I actually asked JL for a copy of this report, but after being put on hold for a while, was told that due to the nature of the report being limited and in this case having no repair outcome/price on there (due to the 3D panel required not being available any more), that I they were apparently unable to send me a copy of the report.

 

I later contacted LG as I was getting no where with JL, who asked for pictures of the fault and determined it was a panel issue after looking at them, and emailed me this explanation with a proposed repair cost.

[FruitSalad1010]

Well it sounds to me as if you already have an independent report provided by the manufacturer.

 

The fact JL refuse to share their report is unusual and you may wish to refer to this when writing to them, considering at this stage both parties are acting in good faith it would be very strange for JL to refuse to share evidence that may prevent un-necessary court action.

 

This will be confirmed if JL continue to refuse to disclose the report after sending them a letter of claim.

 

Assuming JL are in fact in receipt of a report outlining what they claim then the fact you are in receipt of a report from the manufacturer would appear to trump theirs.

 

However to be absolutely certain I would seek a second quote for repair from another independent repair shop asking them to include as much detail in the quote as to the cause of the fault. That way in the unlikely event that your report from the manufacturer is deemed less expert than the one obtained by JL you are now in receipt of multiple professional opinions re-enforcing your position.

 

I would also be grateful to confirm whether it is JL or the repair report provided to JL that indicates the repair is not possible due to the TV no longer being manufactured.

 

Why this is important is because if the repair report indicates this is the reason the TV cannot be repaired you are in receipt of very clear evidence from the manufacturer that the TV can infact be repaired and this would move to undermine the accuracy of JL's report,  decreasing the likelihood of their report to be sucessful in evidence.

Edited May 8, 2021 by FruitSalad1010

[Goodshopper]

It is the repair report provided by JL that states that the repair is not possible as the panel is not manufactured anymore.  When I spoke to the manufacturer LG i sought clarity as to whether this was the case, but was told definitively that they do make these panels and can indeed repair them.

 

I will obtain a second quote for repair from an independent repair shop, but should I also send a letter of claim as you suggested in the interim?

 

 

[FruitSalad1010]

Personally I would wait until you are in receipt of the second quote from an independent repair shop that specifically details the cause of the fault.

 

Then when you send the letter of claim you can attach both reports so JL are in full realisation of the position they are about to be put it.

 

In the meantime do some basic reasearch on this site and draft a LBC, for your ease here is the address you will be writing to:

John Lewis Head Office,
171 Victoria Street,
Westminster,
London,

SW1E 5NN

 

Quote

When I spoke to the manufacturer LG i sought clarity as to whether this was the case, but was told definitively that they do make these panels and can indeed repair them.

 

This is information you will want to make very clear to JL in the LBC, as right now they will happily be led by their own report that as far as they are aware the TV cannot be repaired.

Edited May 8, 2021 by FruitSalad1010

[FruitSalad1010]

I see you wrote "spoke to the manufacturer". You will either need a recorded copy if this was done by phone call or confirmation of this in writing.

 

A written quote for repair is likely to be sufficient as LG are unlikely to quote for work they are unable to carry out.

Edited May 8, 2021 by FruitSalad1010

[Goodshopper]

To clarify I spoke to LG on the phone, after which they sent me confirmation by email, stating what they feel the fault is, as well as the cost for repair.

[FruitSalad1010]

Ok it's good that it is documented in writing.

 

Pre-action conduct and protocol which can be found here provides under section 7 that parties should agree to a single expert opinion and share the costs of obtaining the opinion.

 

If you have documented evidence that JL refuse to share their report with you I would keep hold of that tightly as it could demonstrate JL are deliberately acting in bad faith and are not acting in compliance with said pre-action protocol.

 

Section 13 of the PAP indicates when a party is not compliant with the pre-action protocol this will be taken into account when giving directions for the management of proceedings and when making orders for costs.

 

I think what can be inferred from section 13 is that JL's current insistence not to share the report with you, despite your reasonable request, increases (while not guaranteeing) the likelihood of any claim you bring succeeding and having any claimed additional costs awarded against them.

 

As a result of this I would document any costs you have incurred when obtaining your own expert opinions, as well as how long it has taken you to obtain the additional expert opinions as it may be possible to include a small sum for this as a result of being forced to seek your own expert opinions due to JL's non-compliance with PAP.

 

I do not think you are obliged to notify JL they are in non-compliance of pre-action protocol, after all once you start sending letters they will have their expensive legal department review it, who should be more than capabable of understanding their non-compliance.

Edited May 9, 2021 by FruitSalad1010