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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience:  Over 5 years in practice
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I PURCHASED A NEW SONY HD TV ON 26/08/11 WITH A 5 YEAR WARRANTY,

Customer Question

I PURCHASED A NEW SONY HD TV ON 26/08/11 WITH A 5 YEAR WARRANTY, LAST YEAR I INFORMED SONY CUSTOMER SERVICES THAT THE TV WAS 'GHOSTING' 01/10/13 THEY EVENTUALLY SENT A CHAP OUT TO PICK UP THE TV AND TAKE IT FOR REPAIR (BIRMINGHAM SPECIALISED SERVICES)15/10/13 AND I WAS INFORMED THAT IF THE REPAIR COULD NOT BE COMPLETED WITHIN 5 DAYS I WOULD BE GIVEN A REPLACEMENT ONE.
AFTER 2 WEEKS I CHASED AND CHASED BOTH SONY AND BSS FOR AN UPDATE, I WAS ASSURED BY SONY ON 20/12/13 THATEY WOULD RECTIFY THE MATTER BEFORE CHRISTMAS, BUT NOTHING HAPPENED, THEN AGAIN AFTER MUCH CHASING ON THE 16/01/2014 THEY DELIVERED A NEW TV WHICH THEY INSTALLER HAD TO REPAIR THE WIRING BEFORE HE COULD EVEN PUT IT IN PLACE, ONLY TO FIND THAT IT TOO WAS FAULTY. SO HE TOOK THAT WAY.

JUST AFTER CHRISTMAS I E MEILED SONY CUSTOMER SERVICES TO SAY THAT I WAS NOT HAPPY WITH THE SERVICE THEY HAD GIVEN ME AND REQUESTED A FULL REFUND £2,639.96, SINCE THE REPLACEMENT TV WAS ALSO FAULTY, I INFORMED THEM THAT WAS THE END I WANT A FULL REFUND (THE REPLACEMENT TV WHEN I CHECKED WAS ONLY £1092 IN VALUE AT XXXXX XXXXX'S) THEY ARE INSISTING THAT THEY DO NOT NEED TO REFUND ME AND WHISH TO DELIVER ANOTHER REPLACEMENT TV AND GIVE ME £200 WORTH OF PRODUCT AS A GESTURE OF GOODWILL !
SORRY TO RAMBLE , BUT DO I HAVE A RIGHT TO A FULL REFUND AS I NOW HAVE NO CONFIDENCE IN THE PRODUCT OR SERVICE, AND I HAVE GONE SO LONG WITHOUT A TV WHICH WAS A SHAME OVER CHRISTMAS, I FEEL THAT I SHOULD BE ENTITLED TO COMPENSATION TOO.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

On what basis do you feel entitled to compensation please?
Customer: replied 3 years ago.

I just feel that from October to now it has been a great inconvenience and that we more particularly had no TV over christmas, probably the one time we do enjoy watching it.


 


I feel that their service had been exceptionally poor too


 

Expert:  Jo C. replied 3 years ago.
Thanks.

Did you suffer any actual financial loss?
Customer: replied 3 years ago.

No, just inconvenience and a lot of time contacting them

Expert:  Jo C. replied 3 years ago.
Thanks

Under the Sale of Goods Act the goods have to be of satisfactory quality and clearly they are not. However liability under the Act for full replacement only lasts for a 'reasonable' time. After that, your remedy the cost of the repair. If this was in 2011 then your rights to a full refund have long since expired I'm afraid.

Under the Supply of Goods to Consumer Regulations the product has to be free from manufacturing faults for six years. However it is very difficult to prove that the problem existed at the time of manufacture and did not manifest itself later.

You do have a five-year warranty which can be relied upon but you would only be entitled to a replacement under the warranty if the warranty said that they would do that which seems unlikely.

The cost of the replacement television they have offered is immaterial provided it is of the same or better quality and specification. The fact that prices may have dropped dramatically since 2011 when you bought the
television is not relevant.

I think you are entitled to some compensation for inconvenience and loss of enjoyment. However, you are also under a duty to mitigate your loss and therefore if this was in court, you would be expected to provide yourself
with another television in the interim. They are offering £200 as a gesture of goodwill and I think that is probably about as much as you could expect.

However, whether you accept the above or not if they dig their heels in then the only way you will resolve this is to take them to the Small Claims Court. You can issue here

www.moneyclaim.gov.uk

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Jo


Tell me does the Lemon Law apply in this country, and if it does would this
not be applicable as I understand that it covers vehicles and consumers
goods ?


Regards


Stella

Expert:  Jo C. replied 3 years ago.
Hi

I'm not sure what you mean by Lemon Law?
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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