Legal Question in Consumer Law in United Kingdom

faulty plasma repaired and returned scratched.

our philips plasma tv was purchased on 07/09/05 in january it broke down,they offered to repair it,it took 3 weeks,when we got it back the fault happened again the next day,they had it a week this time.after they left i cleaned it and noticed it was badly scratched as if it were dragged across a floor,its in bad condition and the seriel sticker on the back is hangining off,we believe this is not our tv but another,we paid 1250 cash and dont want a tv that we think isnt ours.they have offered us a new caseing for it or a display,why should we accept a display when we paid cash for a new tv.they said thats all thay will offer us.were so angry,we just want our money back.we know that that tv is not ours.its in too bad condition.ours was immaculate,not a mark on it.they wont giv us a new one or our money back.we feel betrayed..help


Asked on 3/17/06, 1:44 pm

1 Answer from Attorneys
Andrew Dutton Legal -Zone

Re: faulty plasma repaired and returned scratched.

Some six months ago you purchased an expensive television. It failed after three months and the supplier has not been able to repair. In addition whilst with the supplier it was either damaged or substituted for a used and cosmeticly damaged model.

You clearly have rights against the supplier both in contract and under the Sale of Goods Act.The summary of these rights plus what must be maintained as the unlawful retention of the TV you purchased gives rise to an entitlement to rescind the contract and require the return of all monies paid. This is a right which could be enforced through court action in the small claims court if necessary.

You should write to the supplier setting out clearly these complaints and giving them notice that you consider them in breach of contract entitling you to reject the goods. Advise the that the TV may be collected by them at convenient time and that you require a return of all monies paid within seven days. My suspicion from experience is that they will then offer you a replacement and it is for you to then decide whether to accept this and purchased elsewhere (if this can be done at a better price) or insist on your rights.

Let us know if we can help further.

Andrew Dutton

www.legal-zone.co.uk

[email protected]

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Answered on 3/21/06, 5:13 am


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