Consumer right issue with 'seller'

Tricky8

New Member
Jun 13, 2009
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Apolgies up front for this being a bit long winded, but i wanted to get the whole story down so hopefully someone can give some advice as to where I go next.

I purchased LCD Television 31st January 2009. Due personal circumstances the TV was not fitted and operational until the end of March 2009. During this time the product remained unopened, in all of the packaging it came in. When the TV was installed and in operation I immediately noticed that above the power button on the lower left hand corner of the screen there was a significant light cloud which was noticeably less black (or as near to black as an LCD screen can be) than the rest of the screen. This is clearly evident when the picture being broadcast is dark.

On contacting the retailer regarding this fault I was advised to contact Panasonic directly as it was an issue to be addressed under the manufacturer’s warranty. On initially contacting Panasonic Customer Services Department, I was advised to contact a service company they recommended, who are in the area where I reside, who would assess the TV and carry out any necessary repair work.

A service engineer came to my address to assess the fault. His assessment was that there was a problem, which was due to backlight bleeding, and that a new screen would require fitting. Arrangements were then made to have the replacement part ordered. The service company then contacted me to say that the replacement part had arrived and could they make arrangements to collect the TV to be taken away for repair. They said the work would likely take approximately 2 days.

A couple of days later I contacted the service company to enquire as to whether my TV was repaired and ready to be returned to me. I was then informed that they were about to begin the repair of the TV but were stalled as they could not obtain authority from the manufacturer to carry out the required work (which the service company themselves had already assessed as being necessary) until photographic evidence of the fault was provided to the manufacturer. The service engineer, to whom I spoke to on the telephone, said that he could not get a photograph of the fault in their workshop. He said it was impossible. The problem is evident in dark lighting conditions and he informed me that the flash kept coming on when he tried to take a photograph in the dark. The fault was not visible taking a photograph in normal lighting conditions. He also said that there was no guarantee that the replacement screen would be any better than the faulty screen already in the TV. Martin Dawes then advised me to contact Panasonic regarding this issue and how it should be progressed.

I then contacted the manufacturer Customer Services Department and explained my position. The service company had my TV, which they themselves had assessed as faulty, they had received the replacement part, but could not photograph the fault to get authorisation to carry out the necessary work. I was advised that the manufacturer would only authorise the work to be carried out was with photographic evidence. If the backlight bleeding exceeded a certain "tolerance" then authorisation would be given. Details of the "tolerance" regarding acceptable levels of backlight bleeding could not be provided to me. You instructed me to search for images on Google, and on doing so I found numerous examples of backlight bleeding in LCD's, deemed excessive, which were not as bad as the backlight bleeding which I am experiencing.

I collected the TV from the service company and since receiving the TV back into my possession, I personally have very easily managed to take a photograph of the fault. These have been sent directly to the manufacturer.

I have not heard back from them yet.

I have now started to look into the 'Sales of Goods Act' and see that I clearly have rights as a consumer. I feel the product is not 'fit for purpose' and have been back onto the seller. They still insist because I have been in contact with the manufacturer regarding this problem and that they are looking into it, they, the seller, will not take any responsibility at the moment. The say that if I do not get anywhere with the manufacturer, I will then have to contact the seller management team in writing to pursue this issue further.

I have read word for word extracts of the 'Sale of Goods Act' to them over the phone and it's like talking to a brick wall. They won't take it on. They keep fobbing me off!

I am really annoyed by all of this and would really appreciate some advice/guidance on how I can a) get the set repaired, b) have the set replaced or c) get my money back.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
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Bolton
Martin Dawes are responsible under the Sale of Goods act. If an item is faulty when you first use it you can reject the goods and demand a refund. This is not easy though, getting it repaired or replaced is. In you case as some time has passed it also make things a bit trickier.

However, you cannot pursue a warranty claim and a SOGA claim at the same time. If you want to go down the SOGA route then this letter can be adapted for your purposes, you would be asking for a repair or replacement.

http://whatconsumer.co.uk/forum/technology/4101-replacement-ps3-problem-advice-5.html#post8595

Tony
 

adamuk82

New Member
Jun 3, 2009
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I would give consumer direct a call. They will give you really good advice. Thats what i did, they will log your call and make a case for you. number is on header of this page.