Please help - Consumer rights advice needed.

[admin_exported]

Last March I bought a 42inch Philips LCD from a well known high street store. By October/Nov the HD image quality had deteriorated greatly. I called out the technical service from the store who took the TV away for analysis, subsequently they wrote the TV off and I was told to pick another TV to the price I paid. I had actually bought the TV alongside a whole host of appliances and so got a discount on the whole price as well as the TV being in a sale. The result was then that I could not re-buy another Philips for the same price as I originally paid as all models in store were more expensive and they did not have my original. After much struggle with the store manager I ended up putting more money to a Philips Ambilight. However, I was told that the display model was the only one in stock and they could get no more. I asked whether I would get my 12 months warranty and was told yes.

Today after less than 3 months of having the Ambilight I have been told by one of the stores Tech engineers that my current issue of image retention is indeed a problem but is not covered by warranty and was more than likely a result of it being an ex-display model and the picture settings being on too high in order to display the best looking images in store and that I need to resolve with the store.

I have telephoned the manager who says the he doesn't know why the technician would say that and that it was "sold as seen". He has told me to bring the the TV (all 42inches) back down to the store and he will look at it.

Unfortunately, I have my doubts on a positive outcome from this due to previous dealings with this person.

I did not receive a discount for this TV and it was a replacement for a previous model that I had to add more money to. What happens if as I suspect the manager dismisses the problem/won't do anything about it?

I have rung their Customer Services for advice before I go. They said it currently lies with the store, but to get back in touch if it is not resolved to my satisfaction.

Please help.

Thanks

 

[Anonymous]

I think initially you will have to rely on the goodwill of the store manager. As regards your rights, from a legal standpoint, you would need to have pointed out the 'image retention' almost immediately to have been guaranteed a refund/replacement. The fact that it has been nearly 3 months since you got the tv I think weakens your case. How can you now prove that the image retention was caused while it was on display in the shop and not by you at home, especially as it seems that you have waited so long to complain to the shop about it. All of this is also relative to the fact that 'image retention' is not classed as a fault, merely a possible characteristic of plasma technology. You knew the tv was a display model and therefore it could have issues so the onus would be on you to ask more questions about its condition.

Take the tv back, be as nice as you can to the manager and see where you get. You have rights, but in this instance they are quite weak. Good luck. Also, speak to Philips, they may want to intervene as a gesture of goodwill.

 

[ElectroMan]

Hmmm, it may depend on whether you were told that, in addition to being ex-display, the set had any issues (such as image retention).

I'm not sure that the onus is on the customer. I bought a HDD-DVD recorder a couple of years ago, and would have been annoyed if, for example, it would only record in low resolution, and then the shop told me it was my fault as I didn't ask! If your TV did have any 'issues', then surely they should have mentioned this and offered you a discount, and not asked you to pay extra.

If it's an actual chain store (like Comet or Currys) rather than a franchise, then their head office customer services should be involved.

Maybe you should mention the Sale of Goods Act, and threaten the Small Claims Court in the last resort. You could also take a look at this government site, which offers advice: Consumer Direct

Good luck!

 

[Ravey Gravey Davy]

Tricky one but assuming everything is as you say. as far as the replacement set is concerned it is only 3 months old and still carries statutory rights.It wasn't bought as seen ,it was offered as a replacement for another faulty set.This should be considered as new,not as "as seen"(unless the fault was pointed out). I cannot comment on how the manager is going to react, but I suggest you take an independant witness(with legal knowledge if possible) and if your mobile has the facility for unlimited recording, set your mobi to record the whole conversation before you go in.(make an appointment with the manager first if you can)-this will ensure a/it is recorded and b/ you keep calm.

Alsinas point is also very valid about Phillips wanting to intervene as goodwill- particularly if you have the evidence that the seller is not playing ball.The main thing is to go in knowing what you want in all fairness and not to agree to a compromise unless it is to your benefit ,particularly if you have had all the inconvenience(which you should also point out.)

Good luck.

 

[skr1]

I have been on both sides of the counter . The first account concerns me more options should have been offered to you regardless of the offer/discount. You pay extra for an upgrade and its the only one left? Ex-display? Sorry to say he seems like a ?? Now he will

wash his hands of any legal requirement by claiming sold as seen.. Prepare for battle! Be honest and calm at all times and keep your peace of mind and hopefully do a deal. Some useful advise has been given on this thread by others. All the best skr1

 

[JoelSim]

It wil be far cheaper for them to replace the TV with a new one as they should have done in the first place, than to appear on Watchdog vs a 5 year guarantee from John Lewis...

Name and shame and take them to the cleaners if they don't replace it with a new one; their Customer Services/PR teams will step in before it goes far.

ÿ

 

[Anonymous]

G Girl:

Last March I bought a 42inch Philips LCD from a well known high street store. By October/Nov the HD image quality had deteriorated greatly. I called out the technical service from the store who took the TV away for analysis, subsequently they wrote the TV off and I was told to pick another TV to the price I paid. I had actually bought the TV alongside a whole host of appliances and so got a discount on the whole price as well as the TV being in a sale. The result was then that I could not re-buy another Philips for the same price as I originally paid as all models in store were more expensive and they did not have my original. After much struggle with the store manager I ended up putting more money to a Philips Ambilight. However, I was told that the display model was the only one in stock and they could get no more. I asked whether I would get my 12 months warranty and was told yes.

Today after less than 3 months of having the Ambilight I have been told by one of the stores Tech engineers that my current issue of image retention is indeed a problem but is not covered by warranty and was more than likely a result of it being an ex-display model and the picture settings being on too high in order to display the best looking images in store and that I need to resolve with the store.

I have telephoned the manager who says the he doesn't know why the technician would say that and that it was "sold as seen". He has told me to bring the the TV (all 42inches) back down to the store and he will look at it.

Unfortunately, I have my doubts on a positive outcome from this due to previous dealings with this person.

I did not receive a discount for this TV and it was a replacement for a previous model that I had to add more money to. What happens if as I suspect the manager dismisses the problem/won't do anything about it?

I have rung their Customer Services for advice before I go. They said it currently lies with the store, but to get back in touch if it is not resolved to my satisfaction.

Please help.

Thanks

Unless your receipt indicates sold as seen it is not.

What is the exact fault?

Are there clears signs of retention, is this panel prone to this/carries a history.

have you mis-used it? they will try to show this. Are your settings to high?

Contact Phillips see if they can support you on this.

Call trading standards, ask for advice.

 

[Anonymous]

I asked advice on the settings on this forum in the early days as I was entirely happy with the picture. I went with the THX route, but didn't like it so went back to the factory resets. I'd only had the set 2 months when I reported the fault (noticed it 1 month earlier). Been to store. Slant now is that it isn't screen burn and that the engineer was wrong. I am awaiting a call from the manager as he plans to speak to the Tech people again. It's all very stressful.

There was nothing to say sold as seen. This point has been raised as I specifically asked do still get my full warranty. I was told yes.

I'll keep you posted.

 

[JoelSim]

Don't let them spin you a yarn. If they do take them to the cleaners, they have far more to lose than you do. One piece of bad publicity could cost them thousands.

ÿ

ÿ

 

[Anonymous]

Hi

There is a free consumer legal advise company on the net (cant think of the name) I had an issue with a Panasonic DVD recorder that was over two years old. I contacted them by e-mail and they sent me a guide on how to handle the matter and it was fixed free of charge by a local Panasonic dealer. The cost was picked up by Panasonic.

If your equipment cost over £100.00 then it is, so I understand, automatically warranted for five years, worth a try.

 

[Anonymous]

Today I got my full refund. Tomorrow I get my new plasma from a local specialist rather than high street store. Fingers crossed for its longevity.

 

[Ravey Gravey Davy]

G Girl:

Today I got my full refund. Tomorrow I get my new plasma from a local specialist rather than high street store. Fingers crossed for its longevity.

Good result despite the wait.Patience was obviously a virtue.Incidentally what plasma have you gone for