pcworld damaged my tv beyond repair

[rangiemad]

Hope this is the right forum, Long story short, Bought £2699.00 tv 31/07/14, mounted on wall, all good. After a few months, started to wonder if there was something wrong with picture, but couldn't put finger on it, and just thought down to broadcast differences. after 9 months started watching game of thrones through night as 18yr old cat was becoming ill, and started to notice slight degradation of darks and some faint light bleed at corner of screen, but again put down to broadcast, not UHD tv. Cat passed away, leaving us devastated (no kids so surrogate daughter), couldn't watch GOT's due to memories of her, and didn't watch much tv at all for months. Then, July this year, I was rushed to hospital with another bout of pulmonary embolism's and pneumonia, so ended up at home resting, with tv as comfort and watching all the time.
By now, left hand of screen purple, bad light bleed, massive pixellation to darks. Sent for repair under pcworld 5 year warranty, (tv in immaculate condition at this point), spoke to dust services to find out whats what, explained replaced main board, power board and main board in one connect box (external processor which is part of tv), but engineer noted scratches all over tv. I stopped him there, (having taken 30+ photos with canon eos6d and Lseries lens) explained this, he said would be resolved as their fault, so waited additional 10 days for return, when came back, scratches all over back, sides and one connect box.
I refused to accept it and they had to take it straight back, delivery driver threatened if I didn't accept it and ring in another repair it would go missing or get more damaged, but I held my ground, and he took it back.
After it "disappeared" for a week, they finally said they were replacing x-y and z, they only replaced x-y, and y was damaged even further, (photo's taken of all damage at each stage) at this point I accepted the tv back, but wrote on the paperwork I did not accept the repair due to further damage. Now when the tv is on, the original problem is even worse and I do not think they have replaced any parts at all.
I know all the sale of goods act stuff etc and procedures to TS, Section 75 blah-blah, but can not find anything anywhere about what to do when the repairer has damaged the tv now beyond repair (due to the nature of the scratches etc) and the fault is even worse.
Also, £2300 paid on credit card, rest cash, under 75 would that cover me for the whole amount or only the amount paid by card.
I have no probs in contesting the problem was inherent from new, due to it's slow appearance with use, but as they have damaged it so badly whilst in their care, how would you recommend I proceed?
Any help most gladly received.

[R0b]

Re: pcworld damaged my tv beyond repair

Hello rangiemad,

Yes section 75 would cover you for the full sum of money you have paid for the TV, and the CC company will probably seek to recover the amount from PC World. Usually you have to fill out some kind of form and provide information and evidence as to what's happened. If they refuse then you can take it to the Financial Ombudsman for a decision.

It sounds like you have sufficient evidence to back up your story, try and keep everything in writing so you have a paper trail, its easy to argue something with evidence than with no evidence. Failing that you still have redress against PC World for their negligence.

[rangiemad]

Re: pcworld damaged my tv beyond repair

Hi Rob,
thanks for such a quick response, as you say, evidence has been collected all the way as I have had so many issues over the years I know how facts are crucial to any case.

At the moment, I don't want to go down the 75 route as this takes so long, and I am concerned about going down the sale of goods act as they have the get out of a percentage refund, I am more considering the route of damage and their bullying, as it cost me 2 days labour (self employed and can not book in work with such a short notice from PCWORLD demanding me present) due to their incompetence, the fact that the TV was in pristine condition before they took it and recover the cost of the additional keypad bought to operate the internet part of the tv.

Is this the best option, after reporting to the TS officer and sending letters to PCworld, what would be the best route to recover damages/losses, as had it been repaired and returned in the same condition I would have been more than happy, but as I don't trust their people to enter my property again to prevent any further damage to any of my property, would it be a case of small claims court concentrating on the damage they have done, and how would this be different from sale of goods act, OR would it have to be a combination of the both?
Kindest regards
Nick

[R0b]

Re: pcworld damaged my tv beyond repair

Going down the small claims route isn't so quick either, that could potentially take a couple of months before a hearing date is fixed and is not uncommon these days for you to wait up to 6 months given the requirements to comply with the Civil Procedure Rules. For example, you issue a claim and PC World acknowledges the claim they have 33 days to file a defence from the date of issue, then there is mediation, then transferring the case to a local court, then fixing a date for trial. Not to mention that it is going to cost you money to issue the claim and then the hearing fee whereas s.75 costs nothing to start.

If you don't want to go down the small claims route then you will more like to plead breach of contract (unsatisfactory quality) and/or negligence as to the damage caused.

PC World and the CC Company are jointly liable so you can go to either one first. Perhaps your first port of call will be to write to PC World with a letter before action, and request a replacement like for like or better TV as a result of their negligence and damage to the goods. At the same time you might wish to kickstart the s.75 claim, get the CC Company's application form, fill it out and supply the evidence with a cover letter stating that you have written to PC World and that you have given them X days to respond otherwise you will be issuing a claim. Explain to the CC Company that once that time is up you will be adding he CC Company as a defendant to the claim since they are joint and severally liable.

It would be reasonable to allow 28 days for PC World to respond, which would also give the CC Company a reasonable time to investigate the matter. Make sure to provide your evidence to PC World within the letter before claim otherwise they will delay and request the evidence before they can consider a decision.

My view would be that if there is not a rush for this, then I would go down the s.75 and/or Ombudsman route first but it is up to you. I will try and help whichever route you want to take.

[rangiemad]

Re: pcworld damaged my tv beyond repair

Hi Rob,

Thank you for your advice, I know whichever way I go at it PC world will drag their feet either way, and I don't expect a quick fix with the amounts involved. I have already emailed their customer service dept with an ultimatum, but don't expect to get anything back from this at all, so will do as you say, write a formal letter to their legal department, (sent signed for) and start a section 75 with the CC plus ombudsman action, as I have found them very reasonable when challenging a write off figure on an insurance claim recently. If you don't mind I will post a copy for your perusal and advice as I know I am emotionally attached and this could detract from the correct format.

I don't want to have a replacement from them as I want to sever all ties with such a poor company as I don't want to have to go through all this again (as this is the second brand new Samsung that has packed up, the first, after a week of purchase) and would prefer to purchase it's replacement elsewhere (John Lewis for their reputation), I assume either way I need to make a complaint to trading standards along side the claim.

Would I be right in assuming that a section 75 would prevent me claiming legitimate loss of earnings due to their negligence, excessive phone costs chasing the repairs due to their premium rate number and the accessory cost, or is it possible to include this in a claim to the CC company, and would the CC company also reduce the initial purchase cost due to the time of ownership, despite its gradual degradation (initially unknown, but) from day 1.

I would also need to claim the cost of providing the photo's to them as evidence(ink isn't cheap as I've just found out it now costs £360 to fill the tanks of my canon PIXMA pro,1 plus photo paper and it soon runs out!), just as I would be entitled to if court proceedings, under section 31.15(c) (understand reasonable costs of supplying evidence is payable on request and copies provided within 7 days). Adding everything up we are talking in the region of £650 for all of the above, so not an insignificant amount!, and do need to consider this from the outset.

I suppose I need to know what ammunition to put in my gun before aiming at them, as it would probably be more difficult to change the bullet once in the shoot out, if that makes sense, but I also appreciate that due to the additional amounts above, I may need to bite the bullet if I have to accept an upgraded replacement as compensation if this is the only way under sec75 to include these losses.

Thank you for your time, look forwards to your response this evening and will keep you up to date with how these idiots respond!

Kindest regards
Nick

[R0b]

Re: pcworld damaged my tv beyond repair

I can understand if you don't wish to have a replacement from PC World due to the issues you have had with them but also bear in mind you will lose the warranty on that also (not sure if John Lewis have a long warranty like that) and it sounds like you are already half prepared to take this matter to court.

Section 75 creates a cause of action against the CC company concerning breach of contract and/or misrepresentation as if it were PC World, so your remedies are the same in that you could seek to claim damages which may include losses subject to PC World's terms and conditions. Usually companies will limit their liability for direct or indirect losses or both with a cap of compensation. But in theory, you could say that the loss of earnings might be too remote although all other losses which flow directly from the breach could be recoverable.

CPR 31 does not apply to small claims proceedings so you would unlikely be able to recover those reasonable costs, however as above, it could be direct losses flowing from the breach which you could try and recover though it is rebuttable.

As for the measure of damages, usually this could be the difference in value between the defective TV and the amount as if it had been performed. In cases of repairs, it is expected that a person would have it repaired and so the damages might be the cost of repairing it to the required state. IF you are claiming the full amount back, they would be entitled to a deduction based on your usage of the TV. Something to bear in mind, hence me suggesting a replacement like for like.

As for the letter before action, you will need to follow a format like the following:

1. A couple of sentences at the beginning to say that despite attempts to resolve his matter but to no avail and so this is a letter before action.

2.Give a brief summary of facts/history

3. Then discuss the breach and how it came about.

4. Explain the damages that you are seeking giving a break down.

5. Documents to be relied on, provide a list of documents/evidence you want to use in support of your claim and enclose them with the letter.

6. A paragraph on the next steps, e.g. they must respond within the next 14 days and provide a response to the allegations. Failure to respond will result in you commencing proceedings for the breach.

[CLL1]

Re: pcworld damaged my tv beyond repair

It's also rather useful to cite the law you're relying on.

The particular law here is, of course, the Consumer Rights Act 2015. The repair service is governed by Chapter 4 of Part 1.

[rangiemad]

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

[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.

[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

[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

[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.

[ostell]

Re: pcworld damaged my tv beyond repair

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

[rangiemad]

Re: pcworld damaged my tv beyond repair

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

[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