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Claiming repair / replacement / refund from Tesco

Oirish31

Good afternoon,

This is my first post here and I would appreciate anyone's experiences or input about claiming from Tesco under the Sale of Goods Act 1980.

I bought a 46" Samsung LCD from their store in Arklow in Feb '09 at a cost of €1400. I had done some research on which TV to buy and opted for Samsung over a cheaper model due to their perceived durability and reliability For the last three weeks when the TV is first turned on the left sie of the screen is dark which eventually fades but this is taking longer to fade now. Also, when it does the display is noticably darker than it was.

I contacted the National Consumer Agency who informed me that under the Sale of Goods act that Tesco are obliged to repair, replace or refund the unit. I contacted the store then and the hardware manager at first told me "That's out of warranty, tough luck". I then explained to him about the Sale of Goods act and that a $1400 piece of equipment should be reasonably expected to last longer than this. He gave me the number of their electrical helpline then.

I called them and I was told they do have an Over Twelve Month (OTM) policy for such an event. At the time I didn't have my credit card statement so he informed me that until I had this he couldn't proceed. I had my bank send me out the statement for the period when I bought the TV and called them again, the person I spoke to this time didn't ask for any details from the statement but said he was posting out the form, once I got it I should fill it in and return it to them and they would most likely offer a partial refund towards repairing or replacing the TV. I told him I wouldn't be accepting a partial anything as the law states repair, replace or refund. He tried to get me to ring Trading Standards in the UK as this is where their helpdesk is based to which I replied that I had no intention of contacting a UK agency as their guidlines hold no jurisdiction here and that I had contacted the Irish agency who had informed me of my rights. Anyhow, he said wait for the form and see what they offer.

A week later, still no form so I had to call them again. Turns out they had never taken an address for me so it had never been issued, so two weeks on I was back to square one with them. I called the consumer agency again who informed me that I shouldn't be dealing with a UK based call centre but with either the store where I bought it or their Irish head office. I called the store this morning and got to speak to their hardware manager again who, in spite of me telling him about the legislation covering what he sells, again informed me "Out of warranty, unlucky". Again I explained that the consumer agency and Irish law would beg to differ with him so he is to make some calls and ring me tomorrow on this.

All in all I have been left very frustrated by all of this. Firstly that a manager in a store such as Tesco, a company which supposedly prides itself on customer service, doesn't know what he is talking about and that their helpline was certainly less than helpful. I can't see an amicable resolution with them so again, if anyone has any experience or advice I would appreciate it.

Apologies for the long post too!

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gerrycollins

put your communication with the store in writing and send via registered post and to their head office. State in breif the issue you have currently come across and then begin your overall complaint re your TV and its short lifespan.

Quote the parts of the law which are specific to your complaint and obviously state your preffered wishes however noting that they have the right to offer what they deem fit however state that you necessarly do not have to agree but you await their response. You must give them a reasonable amount of time to reply (14days) if not you will proceede with a small claims court proceedings against tesco.

You can forward a copy of the letter to the NCA informing both parties that you are doing same. aslo keep a copy yourself.

slimjimmc

Just send a registered letter addressed to the manager of the branch were you bought the LCD, clearly explain the issue with the item, and outline the discussions you have add so far both with him. State that you will seek redress through the Small Claims Court if you do not receive a satisfactory outcome within a specified period (10 business days would be reasonable).

This puts your complaint on record and the ball squarely in their court and may prompt a more useful response from the company. Document all communication including phone calls. It only costs you €15 to lodge a claim through the SCC.

[edit]
Gerrycollins got there first.
Memo to self --- must refresh browser more often
[/edit]

wmpdd3

I know it's crap but the manager can't do anything after the 12 months. The instore system will not be able to do the refund as the unit can't be returned for credit.

Usually the helpline is better ,but they need hand-holding when dealing with ireland. Your best bet if you will not accept a partial refund, is the scc, but make sure you keep details of the run around you got from the otm section. Otherwise the court could see what tesco are offering as trying to fulfill their side of the contract.

Oirish31

Thanks for the advice. The manager of the store did not contact me as promised today. Where as I know the "help" line would be the way to go, I don't have any confidence in it at this stage. I have a feeling their idea of a resolution will be something along the lines of a derisory amount which is not at all acceptable.

The other thing that doesn't fill me with confidence in them is the form they are sending out. Apparently its just a one sided form that I fill in what the problem is then, based on that, they make a judgement of how much they will be refunding. At no stage will anyone ask to see the problem or ask for the TV to be returned for inspection. Their is no option of getting it repaired or replaced by them, which is the outcome I am looking for.

I understand the store has no facility to do the repair, however I would have thought that if they are in the electrical retail market that (A) they would have an agreement with a contractor to at least inspect faulty goods and (B) their managers would be au fait with the law as it pertains to the goods they sell.

All in all its been a very frustrating experience with a company that honestly should know better and do better. At this stage I am feeling a sense of inevitablity that this will end up in the SCC.

foggy_lad

wmpdd3 wrote: »

I know it's crap but the manager can't do anything after the 12 months. The instore system will not be able to do the refund as the unit can't be returned for credit.

Usually the helpline is better ,but they need hand-holding when dealing with ireland. Your best bet if you will not accept a partial refund, is the scc, but make sure you keep details of the run around you got from the otm section. Otherwise the court could see what tesco are offering as trying to fulfill their side of the contract.

not the right way to look at this at all.

the store is responsible for looking after the op for up to 6 years not some helpline based in the uk that does not know anything about the irish laws on sale of goods act

Oirish31 wrote: »

Thanks for the advice. The manager of the store did not contact me as promised today. Where as I know the "help" line would be the way to go, I don't have any confidence in it at this stage. I have a feeling their idea of a resolution will be something along the lines of a derisory amount which is not at all acceptable.

The other thing that doesn't fill me with confidence in them is the form they are sending out. Apparently its just a one sided form that I fill in what the problem is then, based on that, they make a judgement of how much they will be refunding. At no stage will anyone ask to see the problem or ask for the TV to be returned for inspection. Their is no option of getting it repaired or replaced by them, which is the outcome I am looking for.

I understand the store has no facility to do the repair, however I would have thought that if they are in the electrical retail market that (A) they would have an agreement with a contractor to at least inspect faulty goods and (B) their managers would be au fait with the law as it pertains to the goods they sell.

All in all its been a very frustrating experience with a company that honestly should know better and do better. At this stage I am feeling a sense of inevitablity that this will end up in the SCC.

you should go in to the store with the letter and hand deliver it to the store manager! then if you get no response there and then tell them you are going home to get the tv and bringing it back to them to enable them to repair replace or refund!

then give them 14 days to repair or replace or refund after which you can start small claims proceedures which will cost €15.

forget about all their helplines as they will not help you from the UK and ringing the store will most likely be ignored until you get so angry you rant at them, keep it civil and in writing and they will have to deal with you fairly or pay the price.

seagull

If you hand deliver a letter to the manager, make sure you get a signature that he has received it. It all helps build the paper chain. This is why the general advice is to send a registered letter.

seamus

Just a note on pursuing the small claims route;

Because you've had 20 months service from the television, you are not entitled to a full refund of the original price you paid for the item, only for it's current depreciated value. Check Ebay and the like for the model number and you can come up with a typical value of the model when second-hand, add 10% for handling and then submit that as your claim.

Oirish31

Thanks for the advice folks, much appreciated.

Bit of an update on this today. Firstly the OTM form came from their helpdesk. If ever anything could inspire less confidence in the procedure it is this form. A one sided form that asks for name, address, phone number, make and model, date of purchase and a brief description of the fault. How anyone in the UK can use this to ascertain if a product is faulty and how badly so is beyond me. This is the information they will be basing any refund on.

Just after I got in from work to find this form the hardware manager of the store rang. He has said their legal department have said I can't claim under the warranty as its expired so, for the third time, I have told him I am not claiming under the warranty but under the Sale of Goods Act. He then said he remembered a case such as this they had with a PS3 and that the burden of proof lies with me to demonstrate there was an inherent fault with the TV. I told him I wouldn't be doing that as to get an engineer to asses the TV would both cost me money and break the warranty seal on the TV, leaving it open to suggestion that the damage was done by the TV being opened. All of this is in spite of the fact that he actually agrees with me that an expensive TV such as this such operate far beyond the 18 months without a problem

He is to speak to the store manager and the regional manager tomorrow, he has also recommended that I return the OTM form and if the outcome is not favourable then they and I will appeal that decision.

I'm not too sure about me having to prove the fault, I thought they had to prove it wasn't and that it was caused by some other factor? If anyone can shed some light on that for me I would appreciate it.

I have decided that if there is no resolution by the end of the week I will issue them a letter outlining everything I have gone through with them and giving them 10 working days to repair or replace the TV, after which I will file a case with the SCC.

wmpdd3

Oirish31 wrote: »

Thanks for the advice folks, much appreciated.

Bit of an update on this today. Firstly the OTM form came from their helpdesk. If ever anything could inspire less confidence in the procedure it is this form. A one sided form that asks for name, address, phone number, make and model, date of purchase and a brief description of the fault. How anyone in the UK can use this to ascertain if a product is faulty and how badly so is beyond me. This is the information they will be basing any refund on.

Just after I got in from work to find this form the hardware manager of the store rang. He has said their legal department have said I can't claim under the warranty as its expired so, for the third time, I have told him I am not claiming under the warranty but under the Sale of Goods Act. He then said he remembered a case such as this they had with a PS3 and that the burden of proof lies with me to demonstrate there was an inherent fault with the TV. I told him I wouldn't be doing that as to get an engineer to asses the TV would both cost me money and break the warranty seal on the TV, leaving it open to suggestion that the damage was done by the TV being opened. All of this is in spite of the fact that he actually agrees with me that an expensive TV such as this such operate far beyond the 18 months without a problem

He is to speak to the store manager and the regional manager tomorrow, he has also recommended that I return the OTM form and if the outcome is not favourable then they and I will appeal that decision.

I'm not too sure about me having to prove the fault, I thought they had to prove it wasn't and that it was caused by some other factor? If anyone can shed some light on that for me I would appreciate it.

I have decided that if there is no resolution by the end of the week I will issue them a letter outlining everything I have gone through with them and giving them 10 working days to repair or replace the TV, after which I will file a case with the SCC.

Do what you have outlined in the last paragraph and let us know how you got on.

By the way the refund, if you get it, will come from the same legal dept!

whiterebel

seamus wrote: »

Just a note on pursuing the small claims route;

Because you've had 20 months service from the television, you are not entitled to a full refund of the original price you paid for the item, only for it's current depreciated value. Check Ebay and the like for the model number and you can come up with a typical value of the model when second-hand, add 10% for handling and then submit that as your claim.

I think the judge will make that determination in the SCC. Some of the lads have success with PS3s from Smyths, where the judge has ordered Smyths to give them the price of a brand new PS3. this despite the PS3s being up to 3 years old. The price of the Ps3 has come down since the first day, but the judge is making the judgement that they are entitled to a new one.

Oirish31

Small update.

No movement from Tesco on this. Or rather there has been a change in the stores response. They have gone from "out of warranty, sorry" to "Nothing to do with us, wait and see what the OTM dept decides"

I contacted the consumer agency again to check about the engineer and they have agreed that if Tesco want an engineer to look at it then they pay for it.

I have issued a formal letter addressed to the store manager today, sent by registered mail giving him 10 working days to respond.

Oirish31

Final update.

Tesco contacted me today and offered to replace the television with one of the same model. I was more than happy to do that so all has been resolved.

Thank you all for your advice.

wmpdd3

Thats brilliant, also as far as i know if you get a 'longer receipt' with the replacement, you'll have another 12 month warranty as there is no other way to put it through the till. Unless the money for the replacement is coming from the legal dept.

slave1

I had a similar issue with a 42" Philips, would not work via remote after a year, went into store and got the "too bad" piece, talked through my consumer rights and still no go, they referred me to Philips to sort out myself.
I sent a registered letter to the store manager informing him I would accept dealing with Philips directly but I retain my rights of refund should the TV not be prepared or get damaged. When the repair people called they did not want the TV back in it's original packaging (FFS:rolleyes:) so grand says I, take her away. Came back a week later, repaired but scratched. Off I goes straight to local store with TV. Hello Mr Manager, here's my TV repaired but damaged, sorry says Mr Manager you went off and got it repaired so nothing to do with me, well says I, here's my registered letter to you, the TV is repaired but scratched so I'll have my refund now, no says Mr Manager, get head office on the phone for me Mr Manager, one minute conversation/threat of SCC and off I goes with full refund.
Know your rights.

Oirish31

Pretty much seems to be the standard lines Slave.

Nothing to do with us, go to the manufacturer. Out of warranty, sorry. If you decide to go any further with this we will expect you to prove the fault at your cost. Fine, take it to the SCC, we won a similar case not so long ago.

Then, registered letter putting it on an official footing and, boom, oh yeah, here you go.

As you say, know your rights and don't let them sidetrack you, politely but firmly assert your rights and let them know you aren't going away and are fully prepared to take it to the small claims court.

What is scary is the thought of the amount of people who have stopped at "Out of warranty, sorry".

foggy_lad

Oirish31 wrote: »

Pretty much seems to be the standard lines Slave.

Nothing to do with us, go to the manufacturer. Out of warranty, sorry. If you decide to go any further with this we will expect you to prove the fault at your cost. Fine, take it to the SCC, we won a similar case not so long ago.

Then, registered letter putting it on an official footing and, boom, oh yeah, here you go.

As you say, know your rights and don't let them sidetrack you, politely but firmly assert your rights and let them know you aren't going away and are fully prepared to take it to the small claims court.

What is scary is the thought of the amount of people who have stopped at "Out of warranty, sorry".

smyths toy stores throw out the same rubbish in relation to playstations and other consoles.

foggy_lad

whiterebel wrote: »

I think the judge will make that determination in the SCC. Some of the lads have success with PS3s from Smyths, where the judge has ordered Smyths to give them the price of a brand new PS3. this despite the PS3s being up to 3 years old. The price of the Ps3 has come down since the first day, but the judge is making the judgement that they are entitled to a new one.

The Judge might also by swayed by the utter lack of regard for the Sale Of Goods Act that some companies have.