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Bush 32" Flat screen |
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#1 |
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Forum Member
Join Date: Nov 2005
Location: Essex
Posts: 910
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Bush 32" Flat screen
My mum bought a TV from Argos end of last January.
Two days ago the screen went black, but the sound is still there. Shes had no joy from Argos as the guarantee has just run out. Should a £400 TV go wrong in just over a year. |
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#2 |
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Forum Member
Join Date: Apr 2006
Location: North Derbyshire
Posts: 41,789
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Quote:
My mum bought a TV from Argos end of last January.
Two days ago the screen went black, but the sound is still there. Shes had no joy from Argos as the guarantee has just run out. Should a £400 TV go wrong in just over a year. |
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#3 |
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Forum Member
Join Date: Nov 2005
Location: Essex
Posts: 910
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Yes I thought that, but to her (a pensioner) it's a huge problem.
Nothing is built to last these days unfortunately. |
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#4 |
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Forum Member
Join Date: Nov 2005
Location: Essex
Posts: 910
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I've just spoken to somebody on a consumer care number via trading standards and it may be we can go that route as it obviously isn't suitable for purpose going after just a year. I'm getting forms through to fill out to send to Argos.
Fingers crossed!! |
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#5 |
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Forum Member
Join Date: Jan 2008
Posts: 270
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yep - sale of goods act 1979 - goods must be of reasonable quality and last reasonable time, tvs should be at least 4 years - your mum is entitled to a full refund or replacement.
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#6 |
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Forum Member
Join Date: Nov 2005
Location: Essex
Posts: 910
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Thats the one!
I wish I had known this a couple of years back, I had a 28" widescreen daewoo tv go after 18 motnhs! |
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#7 |
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Forum Member
Join Date: Apr 2006
Location: North Derbyshire
Posts: 41,789
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Quote:
yep - sale of goods act 1979 - goods must be of reasonable quality and last reasonable time, tvs should be at least 4 years - your mum is entitled to a full refund or replacement.
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#8 |
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Join Date: Mar 2004
Posts: 1,902
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Quote:
yep - sale of goods act 1979 - goods must be of reasonable quality and last reasonable time, tvs should be at least 4 years - your mum is entitled to a full refund or replacement.
First, Sales of Goods Act '79 has been superseeded by one of the later Sale & Supply of Goods acts. Neither of these though AUTOMATICALLY ENTITLE you to a refund / free repair / exchange, outside of the standard guarantee period. What they do is set a time frame during which a consumer can make a claim IF there is a problem with an item. IT DOES NOT EXTEND A GUARANTEE TO 4 YEARS / 6 YEARS. If it did make a guarantee period 6 years then ALL retailers would be obliged, by law, to offer that guarantee as stipulated. It doesn't therefore they don't. Many factors need to be considered i.e. cost of item, magnitude of failure (i.e. is it a small repair / is the item uneconomic to repair) the use the consumer has had of the item, whether there have been other faults etc. The best course of action in this instance is firstly to obtain an estimate for the cost of repair - preferably from either the retailer's approved repair service or manufacturer's approved repairer. Once an estimate has been provided you can make a decision about the best way forward. If it's a small repair, you're probably best off just paying it and putting it down to bad luck. If it's more significant / uneconomic, you're best then contacting the Customer Service department for the relevant retailer and ask what they're prepared to contribute. Again, they're NOT obliged to contribute and you're NOT entitled to a free repair / replacement / refund. If it can't be repaired the retailer will probably offer a contribution to a new set, bearing in mind the set has been used for a year and has not shown previous faults i.e. there wasn't a fault present within a reasonable time of purchase. At the end of the day, the only way you can be 100% certain that you won't pay a penny in repair bills outside of the manufacturers warranty is to insure the product in some way, either with the retailer's extended warranty or a third party one which you can buy independently. Even if you took the matter to a small claims court, there's still no guarantee you'd get a refund / exchange / free repair, simply because they will consider each case individually and therefore previous cases are not considered. |
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#9 |
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Forum Member
Join Date: Nov 2005
Location: Essex
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Just a bit of an update.
Argos called mum today and the manager said they would be sending an engineer round to investigate what the problem is, if it's a manufacturing fault she will be reimbursed. So we wait and see. |
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#10 |
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Forum Member
Join Date: Nov 2005
Location: Essex
Posts: 910
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Well not as good as it seemed, the engineers phoned to book an appointment and informed mum she would be charged £188 plus vat for the privilege. I dont think this included any repair just to see what the problem was.
She got back in touch with Argos who agreed she could get her own report done. So no further forward at the moment! |
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#11 |
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Join Date: Apr 2006
Location: AA Aerials, Grantham & Melton
Posts: 1,034
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very similar story here
http://www.digitalspy.co.uk/forums/s...d.php?t=762588 budget tv = short life expectancy = heft repair bill and loads of hassle Surely a claim on house insurance would be an easier solution |
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#12 |
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Forum Member
Join Date: Jan 2008
Posts: 270
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Quote:
Posts like this really should be modded and removed- it's completely wrong.
First, Sales of Goods Act '79 has been superseeded by one of the later Sale & Supply of Goods acts. Neither of these though AUTOMATICALLY ENTITLE you to a refund / free repair / exchange, outside of the standard guarantee period. What they do is set a time frame during which a consumer can make a claim IF there is a problem with an item. IT DOES NOT EXTEND A GUARANTEE TO 4 YEARS / 6 YEARS. If it did make a guarantee period 6 years then ALL retailers would be obliged, by law, to offer that guarantee as stipulated. It doesn't therefore they don't. Many factors need to be considered i.e. cost of item, magnitude of failure (i.e. is it a small repair / is the item uneconomic to repair) the use the consumer has had of the item, whether there have been other faults etc. The best course of action in this instance is firstly to obtain an estimate for the cost of repair - preferably from either the retailer's approved repair service or manufacturer's approved repairer. Once an estimate has been provided you can make a decision about the best way forward. If it's a small repair, you're probably best off just paying it and putting it down to bad luck. If it's more significant / uneconomic, you're best then contacting the Customer Service department for the relevant retailer and ask what they're prepared to contribute. Again, they're NOT obliged to contribute and you're NOT entitled to a free repair / replacement / refund. If it can't be repaired the retailer will probably offer a contribution to a new set, bearing in mind the set has been used for a year and has not shown previous faults i.e. there wasn't a fault present within a reasonable time of purchase. At the end of the day, the only way you can be 100% certain that you won't pay a penny in repair bills outside of the manufacturers warranty is to insure the product in some way, either with the retailer's extended warranty or a third party one which you can buy independently. Even if you took the matter to a small claims court, there's still no guarantee you'd get a refund / exchange / free repair, simply because they will consider each case individually and therefore previous cases are not considered. |
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#13 |
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Forum Member
Join Date: Mar 2004
Posts: 1,902
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Quote:
I was given this information by South Glos trading standards in November of last year. This was also confirmed by Consumer Direct who I also contacted. I used the information which I qoted in a letter I sent to an online supplier of a PVR that became faulty after 14 months and who were refusing any responsibility. I wrote down the legal blurb quite specifically as advised and that is what I advised in my post. I tend to take that information as being correct. Especially when I got a full refund and appology from the company as a result !.
Therefore your post which stated "yep - sale of goods act 1979 - goods must be of reasonable quality and last reasonable time, tvs should be at least 4 years" was wrong and very misleading. |
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#14 |
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Join Date: Jan 2008
Posts: 270
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[quote=AlanO;22397651]And as I've pointed out - which has also been backed up by others e.g. Nigel Goodwin - the SSGA DOES NOT EXTEND A GUARANTEE TO 4, 6, 7 YEARS OR ANY OTHER PERIOD OF TIME, IT MERELY SETS OUT THE PERIOD OF TIME OVER WHICH YOU CAN MAKE A CLAIM. IF IT ENSHRINED IN LAW A PERIOD OF TIME THEN YOU WOULD NOT HAVE HAD TO CONTACT TSO OR OTHERS AS THE RETAILER WOULD HAVE OFFERED THE REPAIR / REFUND / EXCHANGE.
What seems to be your problem ? You obviously are getting very excited and like using CAPITALS don`t you. I have merely pointed out what I have been told by both my local trading standards and consumer direct. You said that the sale of goods act 1979 has been superseeded but I do not think that is correct. It is still being quoted on the consumer direct website and I have just Googled it. I never stated that the act extended guaranties I pointed out that if it was as stated that Argos were not accepting any responsibility based on the amount of time since date of purchase then they were and are wrong. The act does not as you say just set out the time ( 6 years I think ) that a consumer can make a complaint in. I does amongst many many other things state that goods must be fit for the purpose that they were sold to do, last a reasonable period of time and if they don`t then there is a case for the purchaser provided that they have been using the item correctly. That is all by the by though. I have no interest in getting involved in post ping pong with you - there is enough of that here. I replied to a post as I had some input to make. I felt that my own experience was relevant to geniedi origional post. As I have already said after investigating my rights as a consumer in the same type of situation where a seller was claiming that they had no obligation as 12 months had passed. I am not saying that we should all go back to the suppliers of products shouting the odds and quoting the law. I am saying however that there are traders out there who do not act reasonably when customers have problems and in those situations it pays to know your rights. I.M.O. extended warranties are great for those who either have enough money so as not to worry about the cost of them or for people who are not confident enough to fight their own corner. I do know that many of these warranties earn lots of money for those who sell them. If I spend £1000 on a tv I expect that as long as I don`t abuse or mis-use it that it should last a reasonable time. Not for it to die after the first 12 months. The law agrees with me. If however I buy a £20 DVD player from my local supermarket and that dies I think `that`ll teach me ` although it could be argued that I should still be covered by law. I am sorry if you do not like my posts - that is your view but please do not try to impose your view on others to the point of seeming rude. |
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#15 |
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Inactive Member
Join Date: Mar 2008
Posts: 1,132
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Quote:
Yes I thought that, but to her (a pensioner) it's a huge problem.
Nothing is built to last these days unfortunately. |
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#16 |
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Forum Member
Join Date: Mar 2004
Posts: 1,902
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Quote:
You said that the sale of goods act 1979 has been superseeded but I do not think that is correct. It is still being quoted on the consumer direct website and I have just Googled it. I never stated that the act extended guaranties I pointed out that if it was as stated that Argos were not accepting any responsibility based on the amount of time since date of purchase then they were and are wrong. The act does not as you say just set out the time ( 6 years I think ) that a consumer can make a complaint in. I does amongst many many other things state that goods must be fit for the purpose that they were sold to do, last a reasonable period of time and if they don`t then there is a case for the purchaser provided that they have been using the item correctly. 2 - Your OP did not state that the retailer had responsibility - you stated that a tv should last 4 years mis-quoting the SGA 1979 (effectively implying it should be guaranteed for that long) - and that is not what the SSGA states - it does not state a period of time any product should last, nor does it define the 'fitness of purpose' or 'satisfactory quality' elements, it merely defines them as principles, instead it sets out the period of time a consumer can make a claim against the seller if there is a fault. Consequently any consumer can make a claim if an item is faulty within 6 years, however there is absolutely NO guarantee of success at court. That will be a matter for the judge hearing the case. And because it's a civil claim, no previous cases will be considered in order to come to a ruling. So it is conceivable that two identical cases could come before two different judges and get two different outcomes despite quoting the same precedents. |
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#17 |
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Forum Member
Join Date: Jan 2008
Posts: 270
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This will be my last post in this thread.
The sale of goods act 1979 STILL exists, it may have been revised as many laws have, but it is still a current act - no matter how you try to word it. The sale of goods act like many laws does not set out exactly a period of time that an electrical item should last because we do not have individual laws for each and every electrical item. We have one law covering many many items and many many situations that is why it is deliberately not specific. Not for the reasons you imply. It is meant to protect consumers from being sold items that do not work as long as any reasonable person would expect them to. It is the case that this act protects us and if a consumer has not abused an item and used it for the purpose it was intended and it subsequently stops working, at any point up to 6 years, although that may not be deemed to be reasonable (ie too long a period of time ) you can make a claim under the act. I read in another thread on the same subject `ish` that another poster questioned if you are a reatailer yourself and I cannot help thinking that you are posting with a definate byass in that direction I.M.O. Any ways thats my lot.....no doubt you will have something else to say on the matter but I will leave it for others to decide on who is being objective and trying to help.
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#18 |
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Join Date: Mar 2004
Posts: 1,902
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Quote:
The sale of goods act like many laws does not set out exactly a period of time that an electrical item should last because we do not have individual laws for each and every electrical item. We have one law covering many many items and many many situations that is why it is deliberately not specific.
Therefore your OP which stated " yep - sale of goods act 1979 - goods must be of reasonable quality and last reasonable time, tvs should be at least 4 years - your mum is entitled to a full refund or replacement. " was wrong because the SGA states no such thing. |
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#19 |
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Forum Member
Join Date: Nov 2005
Location: Essex
Posts: 910
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Slight update. Private engineer has been round and now mum is waiting for his report. He told her there were at least 5 with the same fault in his warehouse, so fingers crossed we get it sorted.
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#20 |
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Join Date: Apr 2007
Posts: 6,352
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Here we go again! Alano and his hatred of the SOG act -wonder why?
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#21 |
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Join Date: Apr 2006
Location: North Derbyshire
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Quote:
Here we go again! Alano and his hatred of the SOG act -wonder why?
I'm 100% behind him - read what it says, talk to Trading Standards - don't just believe the rubbish posted about it on here. |
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#22 |
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Forum Member
Join Date: Apr 2005
Posts: 174
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Quote:
My mum bought a TV from Argos end of last January.
Two days ago the screen went black, but the sound is still there. Shes had no joy from Argos as the guarantee has just run out. Should a £400 TV go wrong in just over a year. |
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#23 |
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Forum Member
Join Date: Nov 2005
Location: Essex
Posts: 910
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We had already gone that route. Tried all the usual "tricks" with scarts, connections, aerial etc.
The engineer has said there is a fault so the report due anytime will hopefully back up it's a manufacturing fault and if thats so Argos will reimburse her. |
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#24 |
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Banned User
Join Date: Jun 2006
Posts: 2,313
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I would suggest that if she is really wanting a warranty that lasts more than the standard 12 months which is issued by most retailers and manufacturers, she takes out one of those magical things known as an extended warranty.
All shops offer them (it's how they make most of their money - it's difficult to escape from somewhere like Currys or Comet after buying something without also taking out an extended warranty) and even though I think that they are crap and would never pay for one, somebody who cannot afford to consider replacing or paying for repairs on something once it is out of its standard warranty period might find them a Godsend. |
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#25 |
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Join Date: Mar 2004
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Quote:
Here we go again! Alano and his hatred of the SOG act -wonder why?
Frustration would be far better. Frustration that so many posters on here don't understand the SSGA and just quote it with little or no understanding of what it provides and allows for - i.e. it does not extend guarantees, nor does it guarantee free repairs / replacements / refunds, it merely makes provision for them and sets out the period of time a claim can be made against. I'm quite happy that there should be legislation - the problem with the SSGA is that it is too vague because it's trying to cover every product and every eventuality, therefore it aims high and wide in terms of it's provision, which leads to unreasonably high expectations in terms of "consumer rights", which in turn leads to no shortage of ill informed comment on this board, this being a prime example: "yep - sale of goods act 1979 - goods must be of reasonable quality and last reasonable time, tvs should be at least 4 years - your mum is entitled to a full refund or replacement." |
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