How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69545
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How old is the TV?
Customer: replied 1 year ago.
Hi thanks, ***** ***** was bought in 2010. So 5 years.
Expert:  Jo C. replied 1 year ago.
Ok.
Do you know what you paid for it originally?
Customer: replied 1 year ago.
Around £3000
Expert:  Jo C. replied 1 year ago.
Ok.
I suppose you don't have pictures of the TV before?
Customer: replied 1 year ago.
No not recently.
Expert:  Jo C. replied 1 year 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 1 year 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 1 year ago.
If it is obvious then that is a good point.
It will turn upon that issue really.
Jo C., Barrister
Category: Law
Satisfied Customers: 69545
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice