Problem with Toshiba LCD TV - advise needed

[glitterygirl]

Hello everyone

 

I bought a LCD Toshiba TV from Index in October 2005.

 

It is now not working. You can get sound from it but no picture.

 

We called Index and were told that the warranty that comes with it has expired, my husband called Toshiba and they were no help either.

 

My Stepdad has told us about an act that we should be covered under as you would expect a TV to last a little bit longer than 22 months.

 

Can anyone offer any advise please on how we can get this TV sorted?

 

Thank you

[patrickq1]

besides taking the telly back to index shops and creating a scene i am sure you should get somewhere doing this but look for BUSBY threads and see if he can help you he is more knowledgeable on this sort of thing good luck

[Bookworm]

I didn't think Index shops still existed? Littlewoods, as far as I recall, sold them to Argos who then sold most of them? (Happy to be corrected).

 

Your stepdad is referring to the Sales of Goods Act 1979, SOGA for short, and yes, he is quite right, a TV should last more than 22 months.

 

This one has me stumped, as your contract is with the retailer, and the retailer in this instance is not there.

[blitz]

Index no longer trade as a company, they closed all stores and sold property off to Argos in 2005. Kinda confuses me though because I swear the change over was implemented before october, as I currently work in an ex-index store which opened in september 05. (Just a note Argos have no liability if you did buy it from index)

 

Regarding the sales of goods act, a product should be made to a satisfactory quality, this includes durability of the item. If an item breaks due to an inherent fault within a reasonable amount of time (the length of time varies from item and reasonable would be the length of time a normal person would expect the product to last), you would be entitled to a repair or replacement of the item.

 

This is outlined under section 48 of the Sales of Goods act.

 

This should help:

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

(Just to clarify index brand wasn't sold to argos, but a proportion of the properties were. 33 to be exact. The stores mostly start with an 8 too )

 

(BTW I know index did have a helpline number, but I thought that would have closed down now, How did you contact index?)

[Bookworm]

Under the circumstances then, best bet probably is to get one of those engineers with no callout fee, or to a shop that will diagnose FOC, and get a quote for repairs. The last time I had a problem like yours, it cost me £80 , all it took was a spot of soldering and voila, good as new and TV has been working fine ever since.

[patrickq1]

last time i was in chester i was in argos and the stuff they were selling was index but to be truthfull i cant remember wether it was last year or the year before lol sorry that does not help....

bookworm oh most knoledgeable one can you help this one...

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/112922-wrongly-accused-shoplifting.html

[glitterygirl]

sorry guys force of habit, the company I bought it from is LXdirect.

It is a catalogue, I paid for it on interest free credit & it is all paid for now.

 

Sorry for confusion!!!

[Bookworm]

last time i was in chester i was in argos and the stuff they were selling was index but to be truthfull i cant remember wether it was last year or the year before lol sorry that does not help....

bookworm oh most knoledgeable one can you help this one...

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/112922-wrongly-accused-shoplifting.html

 

I can't, no, police powers don't come under consumer law, and I have no idea of what they can and can't do.

 

Sorry for hijack, GG! I'll go have a look at your issue now.

[Bookworm]

Oh, ok, LXdirect, part of the Littlewoods group, very much existing company, ok dokie.

 

Right, so you want to send them a nice but firm letter. Were you actually just told that warranty had expired and nothing more, or did they say something on the lines of "nothing we can do" or "nothing to do with us", as it makes a difference? In one case, they are telling you a fact, leaving you to draw your own (erroneous) conclusions, in the other, they are misleading you. You will need to phrase your letter accordingly.

 

The rest of the letter should quote this, taken from Trading Standards website:

The Sale of Goods Act 1979 (as amended) says that goods should be as follows:

• Of satisfactory quality. This means the goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information. In some circumstances, the retailer may be liable for any statement made by the manufacturer about the goods.
  

Satisfactory quality includes the appearance and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)

 

 

and point out that 22 months is hardly going to come under the "satisfactory" part of durability, and that.

 

Ask them how they plan to remedy the situation, and give them 14 days to respond.

[glitterygirl]

Right ok, thanks BW.

 

My Husband spoke to them about it so will confirm with him what they said.

 

Will it make a difference to the outcome do you think??

[Bookworm]

Not as such, but you can make a big stink about the fact that whoever said that tried to deprive you of your statutory rights, which is a big no-no.

[indebtstudent]

Court is your recourse and, as a general rule, companies don't like going to court because it makes for bad publicity AND costs them money. I would not be shy about saying you are willing to go down this route is they will not resolve the matter.

[baconbuttyman]

hi

the only prob with lcd's over 18 months old is they wernt given a good shelf life in the first place, this is why plasma tv's took off so well.

when speaking to the company who sold it, always make them feel that its in good customer relations if they do what you need them to do.

[Bookworm]

That's funny, that's exactly the opposite of the info I got! eg that plasma screens will die after about 5 years, whereas LCD go on and on.

[patdavies]

That's what I was told as well Bookie.

 

An LCD screen is pure solid state - they have an estimated life of 60,000 hours and cannot get screen 'burn-in' ( ie you don't need a screen saver on an LCD monitor)

 

A plasma screen is slowly moving towards this lifespan - particularly the high end brands. Early plasma TVs have already gone to the graveyard. Plasma screens can get 'burn-in)

 

In the early days of flat screen, plasma was better at handing moving pictures (TV as opposed to computer screen) but LCD has now caught up

[glitterygirl]

Have had a busy few days so am just drafting letter.

 

Should I be asking for a full replacement or for them to repair the exisiting one?

[ForestChav]

Either is a sufficient remedy, it depends what's at fault.

 

If a £2 part has failed it is unreasonable to expect a replacement TV.

[glitterygirl]

Thanks, have asked for either.

I did not know whether them repairing it would affect my rights in any way.

 

Have written to them now so will wait & see what they say!!!

[bmwman]

Hi

 

I work in the computer trade and seem to remember hearing something about EEC rules that all electrical appliances carry a 5 Year Warranty although I may be wrong. But if this is the case then the manufacturer is in breach of warranty.

Have you looked at Sale of good atc BRIGHTHOUSE

[Lefty]

Hi

 

I work in the computer trade and seem to remember hearing something about EEC rules that all electrical appliances carry a 5 Year Warranty although I may be wrong. But if this is the case then the manufacturer is in breach of warranty.

Have you looked at Sale of good atc BRIGHTHOUSE

 

Hello.

 

Yes, you may find my thread http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/111368-sale-goods-act-brighthouse.html interesting. It is about a similar problem.

 

I don't know of, and am certainly not aware of, any EEC rules suggesting that all electrical appliances carry 5 year warranties - in fact I would doubt this very much...

 

What you CAN be sure of, though, is that most "high end" electrical/domestic appliances are expected to be free from manufacturer's faults for considerably longer than 12 months.

 

Any warranty (whether a 12 month manufacturer's warranty or private extended warranty) is IN ADDITION to your basic statuatory rights, which amongst other things, state your product should be "durable" to a degree expected by a "reasonable" person. Would a "reasonable" person expect to purchase an expensive TV every two years?

 

The most important thing to remember is that YOUR RIGHTS DO NOT COME TO AN END ONCE A MANUFACTURER'S 12 MONTH WARRANTY HAS EXPIRED.

 

 

Cheers

Lefty

[glitterygirl]

Right guys I need your help!

I wrote to them initially on 27th September and gave them 14 days.

Then we were in the middle of the postal strike so I gave them a bit longer.

Wrote to them again on 3rd November giving another 2 weeks.

 

No reply

 

What do I do now????

[glitterygirl]

Anyone??

[IdaInFife]

Your second letter did you put on it Letter Before Action?

 

 

Idax

[glitterygirl]

I asked them to respond with in 14 days which they have not done. They have not responded to either letter.

 

Should I use a specific template?

[Douglas52]

I believe 'Which' have evidence that the reasonable period for electrical goods is about 5 years.

 

Oops- posted this after reading page one of two- so its a bit late.