TV fault retailer refusing to repair a second time

swht

Not sure if this is the correct place, mods please move if not appropriate. We bought a 48 inch smart TV in December 14 for €700 from a large Irish retail electronics chain. TV developed an intermittent fault (unable to change channel, volume, source , use smart features, play from USB) in March 16 which I troubleshooted with samsung. It went away for a while but came back and when I contacted Samsung in September they done some further checks and confirmed a suspected hardware issue. Advised TV was out of 1 year warranty and here was nothing they could do in spite of me quoting consumer legislation, reasonably durable etc.

I contatced the retailer and after a bit of 2 and fro they agreed to repair the TV. Repair person replaced the wireless card at the beginning of November and TV worked fine until mid January when the fault reoccured. Retailer are refusing to fix again saying warranty is out of date. I intend to pursue it through the small claims court and believe I have a strong case. I wish to get an assessment done on the TV, can I claim he cost of collection of the TV and the assessment when claiming for the TV? My understanding is if successful in the small claims court I would only get a depreciated value for the TV, can anyone advise if I would be likely to get the value of a replacement TV of similar spec, now about €450 to €500?

Tigger

I think the main reason they don't pay isn't so they can sell add on gaurentees
How much will getting it assessed cost?

dudara

The fact that the retailer has refused to repair a second time (or refund or replace ) is enough for a SCC case. No need for an assessment. Realistically you're likely to get the depreciated value of the TV, approx 60% after two years. Reasonably you do have to allow for the fact that you've had two years use of the TV

Samuel T. Cogley

OP, the first stage will be informal, don't worry too much about Perry Masonesque prep.

Fill in the form, cite the Sale of Goods Acts and any other consumer legislation you find, briefly and in no more than one paragraph, state you believe there is a breach and go from there.

Generally the retailer will just refund on the basis of getting the goods back, or they'll ignore it and you'll win by default. Smart TVs have absolutely cratered in value, you'll get a new TV easily. I suggest using a decent retailer like Amazon to avoid future hassle.

swht

Tigger wrote: »

I think the main reason they don't pay isn't so they can sell add on gaurentees
How much will getting it assessed cost?

About €50 so not too much.

Thanks for the other replies, I thought an assessment was a prerequisite. Yeah I would be happy enough with 60% to go towards a replacement, do I just list the price I paid for the TV on the forms? TV was bought on installments (wouldn't usually but interest free) in my partners name, so will the forms have to be filled in her name for scc?

Samuel T. Cogley

If you bought using interest free you may need to dig a little deeper. The seller may not be the retailer in this case. I'm not entirely sure of the Irish position on that, others here will know.

It would be better if any forms are issued in your partners name, technically you have no contract.

swht

Samuel T. Cogley wrote: »

If you bought using interest free you may need to dig a little deeper. The seller may not be the retailer in this case. I'm not entirely sure of the Irish position on that, others here will know.

It would be better if any forms are issued in your partners name, technically you have no contract.

Thanks, finance was provided by creation consumer finance, a UK based company. I'll see if I can dig out the credit agreement and see if that sheds any light on it.