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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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My TV recently decided to stop working. After some research

Resolved Question:

Hi, my TV recently decided to stop working. After some research it seems that the symptoms the TV was displaying the fault was a power board. I then contacted a TV repair company online and they said they would diagnosis the problem and provide a quote for the fix.
The engineer came over yesterday and inspected the TV and said it would need to be taken to the workshop. After inspecting the TV and fixing labels to it my father and the engineer moved the TV into his van and gave my father a receipt to show he had taken the TV for diagnosing and repair.
Two hours later I get a call from the engineer saying there was a crack on the screen and that he didn't check it properly before leaving my house. I assured him that there were no cracks what so ever before the TV left the house and had there been one he would have noted it down on the receipt that he provided at the time of collection.
Today one of their engineers called and said that the crack is internal, and it is this crack which supposedly has caused the problem with one of the boards causing it to malfunction. I know for certain a crack was not there when the TV had left my house. I believe they are saying this in order to avoid any liability.
What is my position in this matter can I legally make a claim against them if they continue to dispute liability? If so, how do I go about it?
Many Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How old is the TV?
Customer: replied 2 years ago.
Hi thanks, ***** ***** was bought in 2010. So 5 years.
Expert:  Jo C. replied 2 years ago.
Ok.
Do you know what you paid for it originally?
Customer: replied 2 years ago.
Around £3000
Expert:  Jo C. replied 2 years ago.
Ok.
I suppose you don't have pictures of the TV before?
Customer: replied 2 years ago.
No not recently.
Expert:  Jo C. replied 2 years ago.
Ok.
This will turn essentially upon whether you can prove that they must have damaged it. You only need to reach the civil standard of proof so it isn't as bad as it suggests. However, ultimately it is for you to prove that. If they didn't complain immediately then you could rely on that point. If the attending engineer didn't notice this crack immediately then that points to the conclusion that it wasn't there but it depends what they say about that. There might be an explanation for that. They seem to be raising one already.
You will not be entitled to the full £3k though. This is a five year old TV and there will be a reduction for the use you have had from it and that will be substantial. The advantage of that though is that they may just settle to avoid the manpower cost of litigation.
It is very easy to sue. You can do so too
www.moneyclaim.gov.uk
but you should really send them a letter before action before you issue to protect yourself from costs.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thanks. But I would have thought that if the crack did indeed occur whilst in my possession. He would have put that on the receipt so as to avoid liability, like when a car is sent in for servicing or repairs they always sign off all defects prior to accepting the job.
The only proof I can give is our word and of course the engineer not noting anything down. If the crack was there it would almost certainly be noted on the receipt. The fact that it hasn't should indicate that there were no visible defects and of course a crack would certainly be visible. The crack is quite obvious from the photos sent in by the repair company.
Expert:  Jo C. replied 2 years ago.
If it is obvious then that is a good point.
It will turn upon that issue really.
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