Dear Mr Wilson

Thank you for your enquiry to Consumer Direct dated 22/02/2010. Your reference number for this case is <case removed for privacy reasons> and should be quoted in all further correspondence regarding this case.

We understand that a TV you purchased in 2008 has developed a fault and that the trader who sold it to you is not helping.

Based on the information you have provided the key legal points in response to your enquiry are as follows:

Firstly, your contract under the Sale of Goods Act 1979 is with the trader who sold you the goods and not with the manufacturer.

Under the SALE OF GOODS ACT 1979 (AS AMENDED) all goods supplied by a trader to a consumer must be of a satisfactory quality, fit for their purpose, and as described.  If the goods do not meet these requirements, then you may have a short time (usually just a few weeks) in which to reject the goods in question and ask for a refund.  After this your rights will be to claim:

1. a repair, or where this is not possible…

2. a like-for-like replacement (same make, model, age, condition etc. although without any faults of course), or

3. a partial refund, taking into account usage.

Although the law holds a trader responsible for up to 6 years after goods are sold, factors such as the description and price paid have to be taken into account when considering what ‘satisfactory quality’ means.

Under the Sale of Goods Act, any faults which occur within the first 6 months are assumed to have been present at the time of sale, and have only just become apparent.  After 6 months, the ‘burden of proof’ is on the consumer to prove that the fault is not due to neglect, misuse or fair wear & tear.  The trader may ask you to have the goods inspected to confirm the fault is due to manufacture, before they will resolve the matter.

At this stage you should discuss the matter further with the trader, with reference to the above information.  If the trader still refuses to resolve the matter, you should send the trader a recorded delivery letter, outlining everything to date, and giving a deadline to resolve the matter within a set period of time (i.e. 14 days).  Make it very clear what you are claiming from the trader; that you are asking for the TV to be repaired free of charge. It is also worth retaining copies of everything sent, for your records.

If this does not resolve the matter or if you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.

Thank you for your enquiry.

<name removed for privacy reasons>

Consumer Direct Northwest

This wikipedia article is also worrying. I guess this ordeal is going to be harder than I’d hoped:

PC World has attracted criticism in a number of areas. Common complaints include:

Failure to honour statutory responsibilities under the Sale of Goods Act

That doesn’t mean I’m giving up.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Here is another good site detailing my rights as an EU consumer with documents detailing how under EU law all consumer goods have a 2 year “warranty” for want of a better word.

http://ec.europa.eu/publications/booklets/move/64/index_en.htm

Page 7 of the document explains this:

‘A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.’

Here is another article form the BBC detailing how half of UK retail websites are breaking the law by not upholding EU directive 1999/44/EC and the Sale of Goods Act 1979.

Finally, here is a link to the Distance Selling Regulations 2000.

I’ve now contacted consumer direct and await their input.

Partial progress I thought as they mentioned that they may be in a position to help me.

Here’s a PCWB Customer Services Representative passing the buck from the start. I’ve never trusted companies’ who’s CS reps send anonymous emails. It show’s a lack of ownership within a company.

Now the film was rubbish, Public Enemies two of my favourite actors, I was certain it was going to be good. But alas it wasn’t. I’ve not seen the end yet due to the explosion but I dont think I’ll bother.

But anyway, I quickly dug out my laptop and looked through my email for the invoice from PC World Business. Here’s the lowdown:

The TV, a Samsung PS50A656 50″ Plasma, was bought from the PC World Business website on the 26th November 2008. Which makes the TV 14 months old from date of purchase. Being an impatient kind of guy and having saved for ages to buy the TV I could no longer wait to buy it. I done loads of research and checked out everything everyone had to say on AV Forums and was happy that this was the TV for me. The total including VAT ands delivery was £1254.57.

Now even if I’d used the TV from the date of arrival it’s still only 14 months old. Yes it’s out of the Standard 12 months warranty as offered by the manufacturer but nowhere near what the “Sale of Goods Act 1979″ says I should expect in terms of “last a reasonable amount of time” or be of “satisfactory quality” or even “fir for purpose”. I quickly checked the TV over when it arrived and made sure it worked and I was happy with it as stated in PC World Business’ terms and conditions:

All our goods are sold to you with the benefit of the manufacturer’s warranty. We will accept returns of faulty goods notified to us within 14 days of delivery, subject to the terms of the manufacturer’s warranty.

Sadly this was the last I saw of the TV as I’d not finished renovating the lounge in time. So the TV sat in it’s box for a further 7 months until I’d finally finished the lounge renovations. How do I know it was a further 7 months? Like a proud little workman I’d taken photo’s of all my renovations in the lounge and I’ve checked the meta-data on the photo of the grand unveiling and it says the date is 02/08/09.

Clearly this show’s I’ve only been able to use the TV since the beginning of August. Which as of today, 23/02/2010 is 7 months worth of usage. Again, I know that this isn’t entirely accurate. As I have an old house to renovate, the TV has only been used for approximately 1 hour a night and the odd weekend to watch a film.

More to follow…..