Dear Mr Geldard,
Thank you for your email to the Citizens Advice consumer service dated 23/11/2015. Your reference number for this case is AW-13201205. It would be helpful if you could quote this reference number in any future contact with our service, so we can record all the information and advice offered.
We understand from your email that you would like to determine what your next course of action should be after experiencing problems with a TV you purchased.
Your rights and obligations:
Your contract is with the retailer who sold you the TV Under the Sale of Goods Act 1979 (As Amended) all goods supplied by a trader to a consumer must be of a ‘satisfactory quality’ – the goods should be free from faults, last a reasonable time. If the goods do not meet these requirements, then you may have a short time in which to return the goods to the trader and ask for a refund. After this your rights will be to claim:
- a repair or a like-for-like replacement; or if neither of these are possible -
- an appropriate level of refund (this may take into account usage).
Due to the length of time you have had the goods, the trader may ask you to prove that the fault is not due to neglect, misuse, accidental damage 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.
You can read more about the Sale of Goods Act here at Citizensadvice.
Also guarantees and warranties may be given in addition to a consumer’s legal (statutory) rights, and give an alternative means of resolving a fault. As such, your rights under a guarantee or warranty would be determined by the terms & conditions published in it. These terms and conditions will often outline how long the guarantee or warranty will provide cover; who will provide this cover; what is covered and what forms of redress will be offered when a fault develops. Therefore you would have to read through those terms and conditions to see exactly what it entitles you to and who would be responsible for providing that form of redress.
You can read more about guarantees and warranties here at Citizensadvice
Your next steps:
You should check to see if this company is a member of an alternative dispute resolution scheme (ADR), to find out if the trader is a member or not, we would advise to check their website or alternatively ask them directly.
The ADR scheme can be used to try and negotiate or mediate between yourself and the trader in order to reach an acceptable outcome. The trader does not have to be a member of the scheme and even if they are there is no obligation for the trader to use their scheme in every dispute.
At this stage, we would suggest you follow the trader's complaints procedure and obtain proof of doing so, if the trader does not have a complaints procedure to follow we would suggest taking a formal approach and addressing the trader in writing. We would suggest obtaining proof of sending the letter/email and keeping a copy of any contact – this may help you prove that you have contacted the trader and tried to resolve the matter amicably.
If the trader is not with a scheme then we would advice that you contact The Chartered Trading Standards Institute through their website as they may be able to offer an alternative scheme that could help. http://www.tradingstandards.uk/
We would advise you outline any relevant events regarding this issue and make it clear what you expect from the trader and why. It should also give the trader a reasonable time to resolve the matter.
You can read more about the Sale of Goods Act on our website here at Citizensadvice
When using the template letters it is important that you follow the online instructions carefully. In addition, once the letter has been generated it may also require further editing, in order to make it clear to the trader what the nature of your complaint is.
What we’ll do:
We will inform Trading Standards of the trader's activities. Whilst this is unlikely to help with your own civil complaint, Trading Standards can take into consideration such complaints when prioritizing their activities.
If you require any further advice or information about this case, please do not hesitate to contact the Citizens Advice consumer service by return email or on 03454 04 05 06 quoting the case reference number.
Thank you for your email.
Laura
Citizens Advice consumer service
Tel: 03454 04 05 06
Web: www.adviceguide.org.uk
Open: 9:00am to 17:00pm Monday to Friday
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