To want a replacement not a repair?

[Gribble]

Bought a TV 3 months ago from one of MNs well loved Supermarket chains and its developed a couple of faults.

Rang the helpline as advised on the receipt to be told they want me to take a pic of one of the faults to prove its not accidental damage before they send an engineer out. I cant do this, so they inform me that they will send an engineer out but if he / she deems it was accidental damage then I will be paying a call out charge. I tell them no I wont as it will be my word against theirs and Im concerned that the engineer may deem its accidental when its absolutely not. (Appreciate that they must get chancers but I used to work for a repair company and the engineers were told that where possible if they can get away with reporting faults as accidental damage then they should so Im understandly a bit jaded about repair services.).

The little shite customer service agent on the end of the phone tells me rather patronisingly that "if you havent damaged it then you have nothing to worry about do you". I tell him that Im going to go back to the shop as I want a replacement, not a repair (as the TV is obviously knackered so how long before something else falls to shit with it), and he laughed and said "they would just direct you back to this helpline". I ask what happens if the engineer cant repair it at my home - they take it away to be repaired. Will I be left with a loan TV while the repair is carried out - No. Now at this point I admit I turned into a bit of a knob end and Im sure I said something about the SOGA and I believe I may have even said "I know my rights" but I was just getting so worked up at the fact that my 3 month old TV is shagged already and the patronising tone.

Ive left it with them that I wanted to look into it further as Im not happy at all. If the TV was a year old or something then fair enough but its only 3 months old. I dont want it repaired because what then? Something goes on it again?

So AIBU to fight for a replacement rather than a repair? Especially as if they take it away we'll be without a TV for X amount of time and thats just simply not an option.

I expect to be told that years ago people lived without TVs, read a book etc etc, we have simple pleasures in this house, the TV is one of them.

www.pistonheads.com/gassing/topic.asp?h=0&f=210&t=1017090&mid=19567&i=0&nmt=How+to+troll+a+dating+website

Tesco by any chance?

I have a TV in the corner of my room that I bought this time 4 years ago and that broke after 3 months.

They are super shit at repairs, and if it is a technika tv you can't even pay an independant repair man to fix it as the parts are not available to them!

Ah sorry. Wrong paste.

webarchive.nationalarchives.gov.uk/+/www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Your goods should last a reasonable length of time and NObody would think it reasonable to have to replace or repair a TV after a few months.

Got it in one Oreo

Its an LG, was going to get a Technika but decided to pay a bit more for the quality

Can't you ask for a refund? The Sale of Goods Act 1979 states that goods sold must be as described, fit for purpose and of satisfactory quality. If not, you are entitled to return it within a reasonable period of time and expect a refund. Reputable retailers do not normally quibble returns and so, if you have the receipt, I would bundle the TV into the car and take it back to the customer service desk rather than waste any more time on phone-calls.

You probably don't want the same TV again from the same retailer....?

You need to write to someone more senior, rejecting the goods and requesting a replacement within a specified period of time.

SOGA states that your contract is with the retailer, not with a helpline who waffle on about engineers.
I've also had this issue with Asda about keeping original packaging. They tried to refuse me a refund on a faulty microwave because I didn't have the original box after 4 months.
They pointed to a sign behind customer services. I asked them to point to the clause in SOGA 1974 which backs this up.
Unsuprisingly they couldn't.

MrsJ - ha, wondered what that dating trolly thing had to do with this.

Thanks for that link, although all of the info ive read on the SOGA etc is a bit subjective. Seems that its reasonable to expect a repair fOR replacement as its still new, I want a replacement but the turd I spoke to yesterday was adament the store will just laugh at me and insist on a repair. Gah!

But doesn't SOGA state that within the first 6 months a replacement has to be offered? Or did I dream that?

Cogito, dont mind getting the same TV, its not Shitesco's own brand or anything. As its developed 2 separate faults I suspect the TV when it was on the production line was put together by someone who was obviously out on the piss the night before

I am of a mind to go back to the store and quote the SOGA bit that states my contact is with the store, but I think the helpline is ran by Shitesco, would that make any difference?

Poor - Ive been googling on this all bastard last night and this morning to get an answer so my eyes are bleeding, going to have a coffee and have another read of the SOGA now Ive calmed down a bit, I might have misread something

You can ring Consumer Direct and they will write a letter for you (if you have no joy in the store). I would just turn up at the store with the broken TV and tell them you want a refund. I can't imagine they will refuse you, but if they do get Consumer Direct to write you a letter to send them stating the position. You ARE entitled to a refund. I would take one, then go and buy a new TV from a retailer with better customer service.

PS Consumer Direct is a part of Trading Standards.

My mum had to send her lg tv back recently to be 'repaired' when she got it back it was actually a brand new one.

Just go back, people are more helpful face to face, its easy to be flippant on the phone to a faceless stranger, not so easy when they are stood infront of you.

Go to store and tell them what is wrong and see what they say first of all, tell them that you would like a replacement, if they say they can only offer a repair I don't know where you stand legally but it certainly shouldn't cost you anything!

Also take a note of the name of anyone you speak to about it, you may need it for reference if you do have to report it to trading standards. Might also make the staff sit up and take notice if they know their name is on record.

I may have dreamt it, but if anything breaks in this house within 6 months I take it back and have a refund/replacement.
I did have a massive argument with currys 1 year because our dvd player broke after 14 months, bought as a combi with a tv and paid a reasonable amount for it. Ended up getting consumer direct involved and ended up with vouchers to replace the dvd player, (which i bought from a different branch whose manager was far nicer to me than the original one).
Fair play they were really helpful.
But, you have to go through the whole thingy of exhausting their own complaint procedures first, sending letters by recorded/signed for delivery, waiting a certain amount of time for them to response etc etc.

It may be worth ringing them for advice prior to going back to the store just to get things straight in you head. Then you can at least add consumer direct into the conversation argument

I took a stereo back to tesco, wouldn't switch on. They checked it out at the electrical desk then refunded me with no complaint. Hope your branch staff are as helpful:)

Oreo - I wish I had got the name of the dude I spoke to yesterday, he was so patronising. At the end of the call I asked him if he had a ref number I needed to quote when I rang back. i said hold on a sec mate while I get a pen, he listened to me scrabbling about for one, this is how it went:

Me: Right Ive got one
Him: the ref is your postcode
Me: Oh, right . thanks, didnt need a pen afterall (laugh)
Him: Or you can use your telephone number {reeled off MY NUMBER}
me: Thaaaanks.....
Him: Or your surname, which is {tells me MY OWN FUFFING SURNAME}
Me: Oh, right, thanks for that, good job I had that pen eh?
Him: Cheerio
Me: [head explodes with rage]

right, gonna have a coffee and then ring this consumer direct.

I will take on the might of Tesco

"I am of a mind to go back to the store and quote the SOGA bit that states my contact is with the store, but I think the helpline is ran by Shitesco, would that make any difference?"

The people who run the branch Customer Service desks at Tesco are much more helpful face to face than helplines (which are almost definitely not run by Tesco but contracted out) If you've got the receipt, things like boxes/instructions etc. and you're polite with them they will usually refund straight away rather than argue the toss and risk a big ugly scene in the middle of the shop.

I had a major argument with Marks & Spencer (mentioned previously on this forum!) where they delivered me a leather sofa with a big knife cut in the back (delivery driver positioned it so that you couldn't see it without moving the sofa and going behind it ) - I noticed it a couple of weeks after delivery and rang them up expecting a gush of apology but they said as I had reported it more than 3 days after delivery they would not do a THING about it - they even accused me of doing it myself!!!!!

I did all the writing letters etc and got nothing but obnoxiously rude calls from their 'customer service' team (ha bloody ha) and they were awful. I will NEVER buy furniture from them again. Eventually I got Consumer Direct involved, but even after they wrote to Marks & Spencer explicitly stating that they could NOT refuse me a replacement sofa they still didn't give up! So I sued them. They changed their tune very quickly after I issued proceedings, thankfully, but it was exactly one year from my first complaint to getting a new sofa delivered.

Sorry, bit of a thread hijack rant, but goes to show retailers (even household names who you expect to get good service from) can be shit less than helpful. You just have to keep pestering. They are difficult in the hopes that you will just go away and give up.

www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained/

This is quite helpful

good luck Gribble - Tesco are beyond shite at this sort of thing, after several run ins over the years i now only purchase food from there, and that only if desperate.

Zillion - great link, seems that as I am not accepting the goods, within what I would say an impartial person would consider is a reasonable amount of time, the store / company can offer a refund, repair or replacement but cannot insist on any of them.

Going to go to the store with it tomorrow, I dont have the original packaging though. Hope that wont be my downfall...