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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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Am I covered under the (TDA)If myTelevision breaks down after

Customer Question

Am I covered under the (TDA)If myTelevision breaks down after 5 years & 9 mnths.(not fit for purpose)I believe I am covered for up to for 6 years, can I still ask for a full refund or a replacement televsion of exactly the same model,or the model it replaces.subject to popular belief some people still think you need an extended warranty on top of the manufacturers 12mnth warranty
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.

What do you mean by TDA?

Customer: replied 3 years ago.


Trades description act

Expert:  Jo C. replied 3 years ago.
Thanks

I just need about 10 mins to type out an answer but its bad news I'm afraid.
Customer: replied 3 years ago.


I'm a big boy so hit me with it.

Expert:  Jo C. replied 3 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

The Trades Description Act has no application here of any kind. It certainly does not guarantee anything for six years.

The six year period is no more than a period of limitation imposed by the EU Directive and, indeed, by the old common law. All that means is that any claim must be brought within six years. It certainly does not guarantee products for six years.

The Sale of Goods Act is still the primary legislation upon the point. That imposes a period of six months from the date of sale during which any fault is presumed to have existed at the time of sale. Thereafter its for the purchaser to prove that it existed at the time of sale.

Obviously that is sometimes very easy to do. An expensive TV should last longer than 6 months but its not likely to be covered for six years I’m afraid.

That said, extended warranties are often not worth the money either as they are riddled with exemptions.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and 2 other Law Specialists are ready to help you
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/
Customer: replied 3 years ago.


I'm sorry I have totally asked the wrong question,I should have referred to the sale of goods act,not trades descriptions act.

Expert:  Jo C. replied 3 years ago.
Don't worry! I knew what you meant and it is covered above.