help on my Consumer Rights, please..

[DivaDebs]

Hi, and thanks for looking. I bought a TV (JVC) a year ago from Digital Direct. It is still under guarantee. It started making a horrific crackling noise from the back (inside the set). I contacted the company and they sent out a repairman to look. Of course - it wasn't making the noise when he was here! However, he cleaned it, and left. The noise has now got so bad, we can't watch the TV. I contatced them again and said there is obviously something wrong with it, and I want a replacement. Their response is to say that they will NOT replace the set, will send the man again, and if this noise is found to be "normal", I will also be charged the call out fee! This is surely ludicrous! How can a noise so bad ever be described as "normal"? I have done nothing to the set, and have never had this problem with a TV before. Surely this set is unfit for the reason it was sold (ie - to watch!) and I am entitled to a new one? Any thoughts on how I should move forward from here? Thanks

[Buenchico]

Your entitlement to a full refund or a replacement product only extends to the point at which you are deemed to have legally 'accepted' the goods purchased (i.e. you'd have had these rights if the TV had not worked as soon as you got it home or if it went wrong shortly afterwards). Now that you have legally 'accepted' the TV, the retailer may choose whether to remedy any fault by either repairing the set or by providing a free replacement. Irrespective of any warranty, your right to 'repair or replacement' lasts for at least 2 years from the date of purchase. (This is embodied in EU legislation). A recent UK court ruling, however, has provided a precedent which effectively states that your right to 'repair or replacement' (in respect of most types of electrical goods) is now extended to cover a period of 6 years from purchase.

To return to your question: You are not entitled to demand a new TV. You can only demand that the problem is put right (either by a repair or by a replacement set, at the retailer's discretion). You may also have additional subsidiary rights. (e.g. if you have to take the TV back to the retailer you can claim the costs of transport. You may also be able to claim compensation for the inconvenience of being left without a TV if it's taken away for repair).

If you're getting nowhere with the retailer you should contact the Trading Standards department for the area where the retailer is based (rather than your local office). The relevant contact details for complaints about Digital Direct are as follows:

Environmental Health and Trading Standard Services
Weston House
Weston Street
Bolton
BL3 2AR

Telephone : [phone]
Fax: [phone]
Minicom: [phone]
E-mail : [email protected]

Hoping this helps,

Chris

[DivaDebs]

Thanks very much, Chris. This is indeed very helpful. Digital Direct came back to me today and said: the retailer can decline your request if it shows that it is disproportionately costly in comparison with the alternative�, also, as the unit was over six months old from purchase date when you reported the fault, it is up to you to prove that the TV was faulty at the point of sale and could not have developed within the 11 months of ownership. These are within our rights under the Sales of Goods Act 1979 (as amended). You will not receive a replacement unit under the act.
This is obviously very interesting in light of your comment about my right to tepair or replacement lasting for 2 years. I will certainly go back to them with this. Thanks very much again. Most helpful!

[DivaDebs]

Hi Chris. Sorry - are you able to point me to a url which gives details on the right to repair or replace recent UK court ruling? I am sure that Digital Direct will come back to me! Thanks again - and Happy New Year!

[Buenchico]

Hi Debs,

Digital Direct are within their rights to refuse to provide a replacement set but only if they repair your existing TV within a reasonable period of time.

It seems that Digital Direct are relying on an interpretation of the law which I very much doubt would stand up in court. For the first 6 months after purchase there is an automatic assumption that any problem that develops with a product is due to an 'inherent fault' (i.e. the fault was present at the time of purchase). After this period it's up to the consumer to prove that there was an inherent fault. So, theoretically, you might have to get an independent repairer to fix the fault, and provide a report stating that it was due to a defective component, before reclaiming the cost of the repair. In practice, any reputable company will accept that they're going to have to pay for the repair anyway and so arrange for this to be done at their expense.

For more information, see the Department ofTrade & Industry web site:
http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm

Although you should contact Bolton Trading Standards if you want to make a specific complaint about Digital Direct, your local Trading Standards department will be able to give further general advice about your legal rights. If you live outside of a metropolitan area, this will be run by your county council (not the district council). Alternatively the government's new Consumer Direct service can also provide support:
http://www.consumerdirect.gov.uk/

Chris

[DivaDebs]

Thanks very much Chris. Hopefully I'll start to get somewhere now...