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Dave L

Where do i stand

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I purchased a new 42in plasma from Cash Generator on the 26/11/06.

The screen lost its picture yesterday (sound only), Ive had this problem since i got it (but managed to always get it back on by powering it down)

but even this fails now.

I`m not 1 for taking goods back "hence its been doing this for a month and not been returned" but now its dead and at £750.00 i think i deserve better.

Its a german "no name clone of a plasma" so i cant find a manufactor on the net "to see if its a common problem".

Now as i say i`m not 1 for taking things back (ive never took anything back)

Where do i stand (do i phone them) do i have to accept a repair,(if so do i have to take it to them 40kgs+) as theres always a risk of damage in transport, how long is acceptable as repair time, or do i demand a replacement, or refund.

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You will have to take it back to where you purchased the TV from.

 

Explain what has gone wrong and see if they will swop for one of same make and type. They might offer to repair the TV, but they usually will send it back to the manufacturer.

 

If you think the terms are acceptable and it is within a resonable time frame then accept.

 

You have to give them the opportuity to resolve the isssue.

 

If not agreeable then post for further advice.

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Am no expert here, but sounds like a duff purchase and you were sold faulty goods. If it was me, I would go after a refund; in person and also in writing (by recorded delivery, keep a copy).

 

If you want to go for a repair, I would insist that someone from Cash Generator came to pick it up and gives you a receipt to say when it was collected. If they then drop/damage it in transit, then it's their problem and not yours.

 

Someone with more legal knowledge will have to come along to advise you further with regard to refund/replacement, but it is my understanding that any goods bought should be "fit for their intended purpose", i.e, in good working order. Your purchase clearly was not and you can draw their attention to that fact, in writing, by recorded delivery (keep a copy).

 

Incidentally, you should get into the habit of taking things back. I do it all the time. :)

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Was the TV new? If not you may be stuffed as with second hand goods you aren't protected like with new ones.

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You still have some rights with 2nd hand goods though, through The Sale of Goods Act... Best to check it out with Citizens Advice Bureau. With second-hand goods, it would have been better if you had complained straight away because they might try and argue that the damage was caused by you. However, with the kind of fault you are describing, I'm not sure how that would stand.

 

My advice would be to go to the shop first and explain the problem. Don't be a softy though. It helps. If you get no joy, come back on here. Also go to the Citizens Advice Bureau to see if they can shed any light on your rights under The Sale of Goods Act.

 

You could also search for your rights on the internet. Trade Descriptions or Sale of Goods Act should throw up something which will help you when you go back to the shop. Good luck. :)

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Cash Generator would give you a 6 month warranty on this item at that price if it was 2nd hand and has been stated you have rights with 2nd hand goods anyway, just take it back and ask for a refund.


Ex CAG helper ^_^

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After a month you're wavering about on the brink of the "reasonable time" allowed in which you can reject goods and claim a full refund, but it's still worth a try.

 

Even if it was second hand, you have paid a fair amount for the item and you are entitled to expect it to be of satisfactory quality which in my opinion this is not.

 

If they baulk at giving you a full refund and instead offer a repair or replacement, you will need to decide whether to accept this repair or replacement or whether to continue pushing for a refund and hope that ultimately a judge would agree that you have rejected the item within a reasonable time.

 

The legislation you need to use is the Sale of Goods Act, which states that goods must be of satisfactory quality and fit for all normal purposes.

 

Good luck. And never be afraid to take something back - it's always best to get stuck in as soon as you can!


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Well i wasn`t offered my money back, but a replacement of 1 of the same value, So thats what ive gone for.

At least the guarentee starts from afresh.

 

Thanks for the ideas (as i refused a repair point blank)

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Glad it all worked out without 2 much hassle for you.

 

:)

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