pcworld damaged my tv beyond repair

[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

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

[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

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

[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

[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

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?

[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

[R0b]

Re: pcworld damaged my tv beyond repair

The fault of screen light bleed and separate discolouration was reported to yourselves on theXXXXXX and I was informed that the tv would be collected on the XXXXXXX, that I would begiven a 4 hour delivery slot and called 30 minutes before you were to collect

....

On delivery, I inspected the tv only to find more damage on the casing, including the new items youhad replaced, and refused to accept the repair, the delivery driver than reeled off a speech aboutnot accepting aggressive behaviour from the customer, even though I was only firmly rejecting hisdemands for me to accept the tv, but at no point being aggressive.

From the first paragraph to the last paragraph above should be condensed into 2-3 paragraphs. As Ostell has indicated you explain in more detail in your Witness Statement at a later stage. Just give the key facts and information they need to be aware of.

"breeched" is spelled as "breach"

After the paragraph for costs you should set out what documents you are seeking to rely on and enclose them. Again you don't need 400 photos of the same pictures at different angles. You could instead enclose a few of those photos and just indicate in the letter "various photographs of damage".

And head your letter as "Letter before claim" for clarity, otherwise the PC World might mistake it as a normal complaints letter and not act on it with haste.

[rangiemad]

Re: pcworld damaged my tv beyond repair

Thank you Rob,

Will amend accordingly. Breech/breach due to annoying spell correction on macbook, but thank you for pointing this out as quite different meanings in the dictionary.

I'll send pics of the 3 worst parts, and 3 pics of the same before they collected it and will try to get the dates on them at the same time as proof, with others available should be required.

Sorry Ostell, I do agree with Rob re CRA, I only have basic legal knowledge but do believe the repair relates to a warranty purchased in 2014, and therefor the repair is part of that contract despite them being instructed in 2016. (but I do thank you for all your input as it is very appreciated and is being acted upon).

Kindest regards

Nick

[rangiemad]

Re: pcworld damaged my tv beyond repair

Think this amendment should do?
please let me know if it's acceptable, or missed anything out.

Kindest regards

Nick

[R0b]

Re: pcworld damaged my tv beyond repair

Much better, but being a bit pedantic I have a couple of more comments

1. Letter before Claim same font size as the rest and in bold.

2. Change "Costs claim as below" to "Damages and loss"

3.

I now give you 14 days from the date of this letter in which to respond, should I not hear from you in this time, I will commence legal proceedings against you without further notice.

Reworded in red

4. Change "Tv" to "TV". You've also capitalised Television and should be lower case unless you have defined it elsewhere. After television you could insert ("TV")

[rangiemad]

Re: pcworld damaged my tv beyond repair

Thanks Rob,

Pedantic is good, as grammar and consistency is missing in most things nowadays which is very annoying on emails etc.

Will make the changes when get back this evening, print off and send to PC World.

Thanks ever so much for everyone's help/input, if you ever ned any advice on LandRovers (mechanically) or building work (help not getting ripped off) just let me know and I will be glad to assist in any way I can.

Will keep updated as things happen,

Kindest regards

Nick

[R0b]

Re: pcworld damaged my tv beyond repair

Well it's nice to know that this forum does have plenty of property disputes involving building work so if you do stick around here it may be worth assisting on those when they crop up.

will await the response from PC World

[rangiemad]

Re: pcworld damaged my tv beyond repair

Hi Rob,

After sending the letter before claim, waiting until the deadline, and after finding a freephone number to contact pcworld customer service after no response (no surprise there!) I finally spoke to some one after a 35 minute call (mostly on hold) and got a response which I have cut/paste/attached for you to see.

I have still lodged a section 75 claim against the card issuer, (after they ignored 3 emails for a claim form over 3 weeks!), and explained this to the pcworld rep I spoke with, but they are asking for the TV to be collected for them to assess, despite the photographic evidence, and I am assuming from their response they are wanting to exchange the TV with a re-conditioned/second hand unit due to their non specific response.

I have attached my immediate response to them which I hope isn't problematic to my cause, as I don't want them to take the TV away for reasons :- 1- they will have my property and will have the upper hand in negotiations, 2- they will cause yet more damage to the TV so if I end up at the end having to keep the TV, I don't want any more damage done to the TV than already.

I am assuming that this is now the negotiation stage as they have acknowledged the claim by responding, I understand that if it goes all the way to the ombudsman with section 75 it will take as long as 6 months or more to resolve,and Aqua, the card issuer insist that it goes to their adjudicator prior to the ombudsman, adding even longer to the mix!

Any advice at the moment or how best to negotiate?

Attachments coming as soon as I can restart this stupid macbook and find where it's put them!!!!!

Kindest regards

Nick