TV replacement

[scoob101]

Just over a year ago I bought a 47 inch LCD TV from Comet, 4 weeks ago it broke down, now I paid for an extra 5 years insurance (which cost nearly �500 itself) when I bought the TV.
They cannot fix the TV so have told me to go to my local Comet store to pick a new TV, now when I bought the TV it was the top of their range and cost just under �2000, can I now pick a TV to the value I paid just over a year ago or have I got to accept what they offer.
The reason I m asking is that LCD big screen TVs have come down so much in price that I could end up with a TV the same size but with a lower spec.
Thanks.

[Buenchico]

Firstly, you wasted 500 quid because the insurance was completely unnecessary. Your statutory rights mean that the retailer is obliged to repair or replace any item that fails 'due to an inherent fault' (such as poor quality components or poor manufacturing standards) for up to 6 years after purchase. (Within the first 6 months, there's normally an automatic assumption that any problem must be due to an inherent fault. Thereafter it's up to the purchaser to show that, based upon the balance of probabilities, an inherent fault is the most likely cause of the failure. In practice, retailers are usually totally unable to suggest any other reason why the set might have failed, so there's no need to worry about proving 'inherent faults').

If Comet is simply remedying the fault under their obligations which come about through your statutory rights, they're simply obliged to provide the same model as you originally purchased or, if that's no longer possible, a model which matches the original specification. (It wouldn't matter if such sets were now selling for �1 each. You'd still only be entitled to a direct replacement, rather than a set to the value of �2000)

It's possible (but probably extremely unlikely) that the totally pointless insurance you've purchased might impose an additional contractual obligation upon Comet. (The only way to be certain would be to read the small print). Unless it does, you'll have to accept the same model which you originally purchased, or the nearest direct equivalent, irrespective of the current retail price of the set that you're offered.

Chris

[scoob101]

Thanks Chris,
Bit gutted to hear about the insurance part.

I dont mind having a TV of same spec as the TV I bought was awesome but they no longer make the model that I bought, what I dont want to accept is a no frills brand TV with similar spec, can they force me to accept a low brand TV ???

[heathfield]

People seem to be blind to the fact that paying for any extended warranty is actually covering the item for one year less than the stated time period. The first year is already fully covered by the manufacturer's guarantee. So a 5 year breakdown insurance at �500 isn't costing you �100 per year, but �125 a year for those extra 4 years. That first year is free.

[scoob101]

Thanks for the advice from everyone.

Went to Comet today and after a slightly heated discussion with the manager I was given a gift voucher for the total original price of the TV I originally bought but the �500 insurance I bought was voided as the TV could not be repaired and they couldnt transter it to the new TV.

The final outcome is that I am now going to have the same TV but with better spec and a new 5 year insurance and I have �248 left over to spend in store on anything I like, so not so bad an outcome.

I asked them about the insurance and they said that they only cover products for 1 year after that no store would cover anything if it broke down. As I came out of it better off I really dont mind anyway and the new insurances have come down by nearly 50% and by this point I was fed up with arguing with them.

Again thanks for your advice.