pcworld damaged my tv beyond repair

[R0b]

Re: pcworld damaged my tv beyond repair

Sorry @ostell,

I have to disagree, if the contract came with a warranty at the time of entering, then SOGA applies and not the CRA. Just because the repair took place post October 2015 makes no difference because the right to repair under CRA can only apply when the contract was entering into from October 2015. The first question to ask is whether it was entered into pre or post October 2015.

So as the contract with a warranty took effect prior to October 2015, then SOGA and not the CRA applies.

I'll have a look at the letter now for comments

[rangiemad]

Re: pcworld damaged my tv beyond repair

Thanks Ostell,

I knew it looked long, but was listing events as previously advised, therefor reducing PC World delaying asking for evidence just as the 14 days are up, as posted by Rob earlier.

could I also ask should I add to the end after "...satisfactory quality, and the Consumer Retail Act for damage to the tv".
I am just concerned that if it does go further to Sec75, if the priority is the fault with the tv, more leverage is given to PC World to deduct £%, where the main problem is the damage they have done, and don't want this to be discounted in any mediation/settlement, or would this also be covered by "not of satisfactory quality" as a whole?

Also, any thoughts on who to address and post to, cust services or legal dept?

[ostell]

Re: pcworld damaged my tv beyond repair

The request to repair was made when the CRA had been enacted and therefore that would take control of the quality etc of the repair. The TV was purchased before CRA and therefore any matters relating to the quality and SOGA.

Head you letter "Letter before Claim". To my mind it's a bit long winded, though it's telling the truth. Try and summarise it. At the moment you don't need the fine details or the where's and whens, something along the lines of "I bought a set make and model on XXXXX. It has failed, I have a warranty, the replacement set has also failed. The attempted repairs damaged the set and di not resolve the poblems. I have lost time and wages waiting in several times for collection and delivery and also incurred excessive telephone charges. My claim is as follows: and give the listing you gave. I am claiming under Sale of Goods Act for goods not of satisfactory quality."

You get the idea?

The full details come later.

[rangiemad]

Re: pcworld damaged my tv beyond repair

Hi Ostell,

Thanks for your post, but still can't get my head round why the repair/damage would be covered under CRA, as it was repaired under a warranty (contract) made in 2014, or is it that because they have been instructed under the warranty after october 2015 this creates a new contract between me and their repair department?
With that in mind also, if they offered me a new replacement now, would that constitute a new contract as of XX date in the future when delivered, therefor placing the replacement into the CRA?
Hope you can appreciate why I am confused, but I am aware contract law is very specific and convoluted to a layman.

Kindest regards

Nick

[rangiemad]

Re: pcworld damaged my tv beyond repair

Hi Guys,

Think I have put together a satisfactory letter, but please be honest if you think it needs any changes. Obvs, XXXXX in certain area's for anonymity, as wouldn't put it past law departments to monitor sites like this nowadays, and I know you have said loss of earnings are probs too far removed, but if I don't put them in I definitely won't get them.
Please let me know what you think, and I can post to them in the morning with evidence.
Also, can I send signed for to a PO box, or would I be better addressing it to their legal department instead which is an actual address.

Kindest regards

Nick

[ostell]

Re: pcworld damaged my tv beyond repair

The original TV, and any replacements for it, would be covered by the SOGA. Your bungled repair which damaged the TV would be covered by CRA.

[rangiemad]

Re: pcworld damaged my tv beyond repair

Just to throw yet another into the mix,

My wife has just pointed out that this tv was a brand new replacement for the same model we purchased on the 14th July 2014, which we had to return within 2 weeks as the sound packed up on the first one, so we were given this tv, brand new and unopened packaging to replace that. Would that affect any rights under section 75 at all?

(Not trying to test anyone, but our lives are genuinely that complicated through no fault of our own!)

Kindest regards

Nick

[rangiemad]

Re: pcworld damaged my tv beyond repair

Hi Ostell,

unfortunately, this is where I needed the help from legal beagles, as our complaint is initially that the tv isn't fit for purpose from the original purpose due to a slow degradation issue with the screen, but subsequently the addition of the failed repairs/damage added the complication of neglect/incompetency leaving the tv as now un repairable.

I am assuming the failed repair wouldn't be covered by the CRA as it was cattier out by PCWorld under their 5 year warranty, so I would assume I have not entered into a new contract to repair at this stage, as this insurance was taken out in 2014, leaving it down to the sale of goods act.

Please correct me if I am wrong, and how so.

Kindest regards

Nick

[rangiemad]

Re: pcworld damaged my tv beyond repair

Hi Rob and CLL1 and Ostell,

Just as I am putting together the letter, I have one last thought regarding replacement rather than refund, if I accept a replacement of a brand new unit, (I will point blank refuse anything second hand, re-conditioned or off the shop floor as ours was nigh on as if it came out of the box) will I be covered by the CRA on this item, i.e. will it be classed as a new transaction, or will it be deemed to be as if purchased in 2014.
As this is the second Samsung flagship tv that has blown up on us in 3 years, we want to make sure we are still protected by the law as much as possible.

Kindest regards

Nick

[rangiemad]

Re: pcworld damaged my tv beyond repair

I did think this was the case, but thank you for clarifying and will amend accordingly.

[ostell]

Re: pcworld damaged my tv beyond repair

But he is complaining about the recent failed service event rather than the original purchase.

[R0b]

Re: pcworld damaged my tv beyond repair

Just to point out the CRA will not apply, you purchased pre October 2015 so the sale of goods act applies not the CRA.

[rangiemad]

Re: pcworld damaged my tv beyond repair

Thanks for speedy response, I'll make brief reference to CRA Chpt 1 P 4 in the letter and will post link as soon as I can for every bodies perusal to make sure they shouldn't have anything to contest from that perspective.

I'm sure the Know Not team will contest everything else though!!!

Also, some of the scratches they have caused aren't visible on film/digital even under Macro lens conditions, however, most of the damage is very clear, should I be offering for them to be able to look in person at the tv at my home, or not worth worrying at this stage?

Kindest regards

Nick
Kindest regards

[rangiemad]

Re: pcworld damaged my tv beyond repair

Thanks Rob,
sorry to be mistaken about sec. 31, I think this is over £5K or 10K after now had another look, so won't embarrass myself entering that on the letter.

I'm hoping to get a letter put together this weekend, and with your input, you are right that Sec.75 is probably the most appropriate and economical approach, so my wife has applied for an application form from the credit card company.

Thanks for your help so far and will post a letter link up as soon as I can.

Kindest regards

Nick

[CLL1]

Re: pcworld damaged my tv beyond repair

Hi Cll1,

Not sure if that is correct, it was purchased on 31/07/2014, so was under the belief that it wasn't covered by this law as, as far as I was aware the law wasn't retrospective, hence sale of goods act rather than consumer rights act, if you could clarify I would be very grateful.

Kindest regards

Nick

Yes, but the "service" contract (i.e. attempted repair) was post-October 2015, so is covered by the new law.