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Original poster

Anyone know my legal position re returning electrical item? Company insists will deduct 20% for handling.

10 replies

LoneStranger · 01/02/2009 15:55

Hello. Im wondering if anyone has any advice or info that will clarify things for me?

Basically, I bought a TV to replace my older one. Tried to set it up but couldnt. Called an engineer who suggested a booster ariel. Tried that, but it still didnt work. He says I need an external ariel for it to work.

Called the co to arrange a return, they say they will charge me 20% handling costs as the product has been used. I say that the item has NOT be used as I dont have a compatable ariel. I would keep the item if it worked, but it was impossible to establish if it WOULD work until AFTER I had opened it. Nowhere on the packaging does it say that I need an external ariel. The manager says that legally it doesnt have to say that as 'everyone' knows that info. Surely that cant be right?

I dont think this 'large and reputable' company are being fair or reasonable about this. I paid out for the engineer (my choice, I know) and now they will only refund me, less 20%. If i'd changed my mind or somesuch, i'd completely understand, but that isnt the case.

Any advice? TIA.

OP posts:

Original poster

LoneStranger · 01/02/2009 16:13

Anyone?

NO-one?

[sob emotion]

OP posts:

ilovemydogandMrObama · 01/02/2009 16:20

Do you mean an external cable that runs to your house? I don't understand external aeriel...

So, that aside, are you saying that without this connection, your television won't work? Is it an area where reception is poor anyway?

If you are saying that you live in a poor reception area, then you may have a hard time.

But, if you are saying that you need an external connection and otherwise you cannot use this TV, then it's not fit for purpose and you should get a full refund. Look at Sales of Goods Act

Original poster

LoneStranger · 01/02/2009 16:33

Thanks for your reply. We dont have anariel on the roof, just some new fandangled hi-tech something that neither I nor DP know anything about in terms of how to use it. There is an 'ariel-type' cable that plugs into the back of the TV but it seems that not strong enough for the new TV.

I dont think the reception is generally poor in our area, but in all honesty i wouldnt really know, all our neighbours have an ariel on thier roofs. We have 3 other TVs in the house which all work fine.

Have spokent to the dept manager who says issue is only resolvable at local level, not via head office. I dont believe him, but not sure how to procced with this. Any advice?

OP posts:

trixymalixy · 01/02/2009 16:42

Most TVs will need an external ariel.

The company that sold you the Tv isn't responsible for you having a compatible ariel.

They don't have to refund you at all unless the TV is actually faulty.

Sorry but think you'll either have to sort out your ariel or just accept the 20% handling fee.

KnickKnack · 01/02/2009 16:46

I'd agree with what Trixy has said. I don't think you will get a full refund if there is not actually anything wrong with the TV. sorry.

hellywobs · 04/02/2009 16:18

Did you buy it in a shop or online?

If you bought it online/by telephone, did you tell them within 7 days of receiving it that you had a problem with it? If so, they have to accept the return and I'm not sure they can levy a 20% handling fee. If you buy that way the item doesn't have to be faulty.

If you bought it in a shop, personally I think they are being unreasonable and it may be worth talking to trading standards. An item has to be fit for purpose and if it doesn't work it's not fit for purpose -and in the first six months after buying the onus is on the seller to say it was fit, not the consumer to say it wasn't.
(Sale of Goods Act 1979 as amended and 2002 consumer guarantees regulations)

I would have thought that the need for an external aeriel is a grey area as they should know what areas have poor reception though sometimes it can be very localised. However, for example, in the south of England it's often the case that you can't get Channel 5 even with an external aeriel. I'd take it up with them again.

PortAndLemon · 04/02/2009 16:35

Not an answer to your original question, but I did once get a TV to work in our old flat by connecting two aerial boosters in sequence...

robinia · 04/02/2009 16:50

I would expect a TV to work with an indoor aerial in my location. Picture may not be brill but it should work. If you have 3 other TVs in your house all working with indoor aerials then it would be reasonable to assume that the new one would too. Do all your TVs work from one indoor aerial?

tiggerlovestobounce · 04/02/2009 16:59

I think Trixy is correct.

LIZS · 04/02/2009 17:03

agree with trixy , it isn't their responsibility. Most new tv's don't work off internal aerials as they are digital and such aerails won't be strong enough. If you have bought a digital tv it will say somewhere that you may need to upgrade the aerial. Is there any particular reason that you can't have one installed ?

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