Spiders and Consumer Rights Act

[Lynnzer]

I bought a Samsung KS9000 55 curved screen TV around 2 years ago. I love it, and would recommend it especially for placement into a corner of a room.
However I got more than I wanted. I have had no problems with it at all until yesterday while watching the British Grand Prix.
My eyes were drawn to a black blob showing on the screen around halfway down and 10" from the side. It was a spider. And it was inside the screen. Not moving so presumed dead.
I couldn't believe it. A bloody spider had invaded my TV.
A quick Google search threw up other complaints like this too, and mostly for this particular model of TV. It's supposed to be a sealed unit with absolutely no access points for anything that might like a warmer environment. It appears that Samsung deny responsibility and I know that to get satisfaction by speaking to them will be a problem so I am gearing up for a court fight under the Consumer Rights Act.
First question is whether this would fall under that Act of the goods not fit for purpose, and secondly is there a time limit on taking action?

I'm going to dig out the purchase details later but I think it was bought perhaps around 30 months ago.

[des8]

You have up to 6 years in which to make a complaint.
It is for you to prove beyond reasonable doubt that the TV was unsatisfactory when delivered.
I suppose the best argument will be based on durability ie a sealed unit should remain sealed for longer than 2.5 years, if not the expected lifetime of a TV.

[Lynnzer]

You have up to 6 years in which to make a complaint.
It is for you to prove beyond reasonable doubt that the TV was unsatisfactory when delivered.
I suppose the best argument will be based on durability ie a sealed unit should remain sealed for longer than 2.5 years, if not the expected lifetime of a TV.

I Just did an Online Chat to see if a warranty option was available and draw out that the TV is a sealed unit.
Warranty denied but I got the fact that the unit is sealed.
I'm now waiting to hear from a supervisor from an escalation. Samsung Web Chat _ Samsung UK.pdf

[pt2537]

Did you buy the item direct from Samsung? If not then its the dealer you need to speak to note the manufacturer

des8 i think you may be confusing the criminal standard of proof there mate, You would need to prove on the balance of probabilities ie more likely than not, that the spider was there at the point of sale, it seems to me that if the unit is sealed and you can prove it is sealed, and the sealed unit remains sealed then its a nobrainer that the spider would have been in there at the point of sale. The fact it only recently fell into the screen area is neither here nor there

[des8]

IF the sealed unit remains sealed and you can prove it, aye, otherwise IF the seal has unsealed ........

[Lynnzer]

My next post was about who bears responsibility and that has been answered. Curry's have up to an hours wait on the phone so it's not worth hanging on for that. I'll knock up a letter to send as part of the new court action I'll likely be having to make. Oh, I can't find the receipt but I can see from my bank statement that it was paid for on 10th May last year. A bit outside warranty I think but still unacceptable.

There's no way the sealed unit has been compromised as the TV has sat in the same place with no interruption since the day it was delivered. The fact that other instances are showing on a Google search would back up my claim of poor quality control.

[ostell]

Try emailing the dixons group CEO.

I did after finding they had killed the phone numbers and the support email address. I got a response

[Manxman]

Is that spider big enough to affect your viewing and thus constitute a fault? I ask because I know there used to be an industry standard for pixcels and how many (or what %age) had to be dead or otherwise "faulty" before the TV could be considered faulty. Depending on how noticeable it is (or isn't) you may have difficulty demonstrating it is in fact "faulty".

Even if you do establish that there was an inherent fault, Curry's would probably opt for the cheapest remedy which would be a partial refund to reflect your 30 months untroubled use of the TV. What's the value of a 30 month* old telly? You may decide it's better value or makes more sense just to keep it.

*(PS - I'm confused - you say it was bought about 30 months ago but then say it was paid for in May 2019. That's quite a big difference. Which is it? It will likely affect any decision Currys make - replace, repair, refund)

EDIT: When I say you may want to keep it, I mean that you say you love the TV and would recommend it to anyone. What if Currys accept there's a fault, but only offer you a 25% refund to reflect the 30(?) months' enjoyment you've had from the telly? What if you can't afford to buy one as good as what you already have - even with the spider - or you can't find a current model that is as good? You may wish you'd kept the old one.

[Lynnzer]

Is that spider big enough to affect your viewing and thus constitute a fault? I ask because I know there used to be an industry standard for pixcels and how many (or what %age) had to be dead or otherwise "faulty" before the TV could be considered faulty. Depending on how noticeable it is (or isn't) you may have difficulty demonstrating it is in fact "faulty".

Even if you do establish that there was an inherent fault, Curry's would probably opt for the cheapest remedy which would be a partial refund to reflect your 30 months untroubled use of the TV. What's the value of a 30 month* old telly? You may decide it's better value or makes more sense just to keep it.

*(PS - I'm confused - you say it was bought about 30 months ago but then say it was paid for in May 2019. That's quite a big difference. Which is it? It will likely affect any decision Currys make - replace, repair, refund)

EDIT: When I say you may want to keep it, I mean that you say you love the TV and would recommend it to anyone. What if Currys accept there's a fault, but only offer you a 25% refund to reflect the 30(?) months' enjoyment you've had from the telly? What if you can't afford to buy one as good as what you already have - even with the spider - or you can't find a current model that is as good? You may wish you'd kept the old one.

It's big enough to notice every time the TV is switched on. It's certainly more than a few pixels anyway and when watching the British Grand Prix on Sunday, the damn thing was a centimetre up from the wheel shot during the race, as if the wheel was chasing it but couldn't catch it.
30 months was chucked into the mix as I really couldn't remember, however I found the payment details on my bank statement so it's last May. Still too early for a reasonable excuse of age of the TV having any bearing on it.
As for the remedies, I believe they should either repair or replace. Since the spider would have been inside the sealed unit as an egg it isn't a parts fault but a quality control issue..
Replacement is the best option as long as they can offer similar, but any offer of a discount will be unsuitable as the spider won't have been removed and will spoil viewing for as long as I have the TV, which is probably going to be many years.
Anyway a letter to Curry's Head Office has been sent so I'll wait and see how they respond

[Manxman]

Assuming Currys accept that it's an inherent fault, after six months it's their decision as to what remedy to offer you, isn't it? You don't get to choose. So it'll be a repair, replacement, or a partial refund to reflect the untroubled use that you've had from it since May 2019.

I'm not sure what you mean by "... any offer of a discount will be unsuitable..."? I doubt they'll be offering you any discount off a new TV. Your consumer "rights" (assuming it's accepted as a fault existing at purchase) are, as I've said, to a repair, a replacement, or a partial refund. They'll probably choose whichever is cheapest to them - you don't get to choose - unless they ask you what you'd prefer. Even then it's down to them.

Of course they may make a better goodwill offer, but I understand Currys are not known for this.