Every week, the Money team answers a reader’s financial dilemma or consumer problem. Today’s is…
I bought a premium OLED TV from Samsung in November 2023 for £1,200, which has suddenly stopped turning on, so probably has a faulty internal circuit. It came with a 12-month warranty, and failed in month 20. I have had multiple calls with them, but they are unwilling to consider a free repair/financial compensation even though the product has lasted an unreasonably short period of time (per the Consumer Rights Act 2015). Is there anything else I can try please?
Adam Roseby
Thanks for your email, Adam. It sounds like you’re already on top of knowing some of your rights, but perhaps not how you can enforce them. I’ve asked consumer disputes expert Scott Dixon for his input, and I’ve also spoken to Samsung on your behalf – more on that later.
“It’s out of warranty” is a common phrase we hear being used to deny redress, though manufacturer warranties tend to be very good.
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‘Don’t buy warranties’
Unlike, Dixon says, the “off-the-shelf” warranties you get offered by retailers, which are “not worth the paper they are written on”.
“Nobody ever needs to buy an extended warranty or be fobbed off with an expired manufacturer warranty, as the Consumer Rights Act 2015 overrides it and provides you with an implied statutory warranty and better cover for free for up to six years in England and Wales (five years in Scotland),” he says.
“It doesn’t matter that the manufacturer warranty has expired. This does not detract from your consumer rights.”
You alluded to the Consumer Rights Act 2015, Adam. This requires products to be fit for purpose, as described, of satisfactory quality and to last a reasonable length of time.
“What is considered a reasonable length of time is viewed as what would a reasonable person expect through the lens of the law,” Dixon says.
“In your case, it’s clear that a premium TV costing £1,200 is not fit for purpose, satisfactory quality and has not lasted a reasonable length of time.”
How long has passed?
You have a short-term right to reject faulty goods including cars within the first 30 days under Section 22(3) of the Consumer Rights Act 2015, though the onus is on you to prove the goods were faulty when sold.
After this, any faults found within the first six months are considered to have been there at the point of purchase. The burden of proof is on the retailer to show otherwise.
Once six months has passed, the onus is again on you to prove that the TV was sold with inherent faults when you bought it.
How do you do this?
“I recommend you do a Google search for the make and model of your TV to see what others say,” says Dixon. “Sometimes certain TV models will have the same faults and are evidenced in the public domain on various forums from others who have the same issues.”
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An inspection
“You can also ask a reputable engineer or local repair shop that specialises in repairing these TVs to confirm the fault and provide a written report,” Dixon says.
“If they believe the fault is likely to be inherent and present when sold, ask them to put this in writing.
“Even if they cannot confirm it was inherent, they can still confirm the specific fault in a written report.”
What could you expect from Samsung?
You are entitled to one free repair, Dixon says. If that fails, you are entitled to a partial refund or replacement, though Samsung may make a “fair use” deduction based on the estimated lifespan of the TV.
“Fair use” deductions are usually calculated over six years (five years in Scotland).
Another route
You are past the 120-day limit for raising a chargeback if you paid by debit card, Dixon says, but if you paid by credit card, you could make a Section 75 claim under the Consumer Credit Act 1974 as the card provider is jointly liable for a “breach of contract” under the Consumer Rights Act 2015.
We’ve covered Section 75 extensively – find out more here…
Small claims
If all else fails, you could take your case to the small claims court if it is in England, or follow the Simple Procedure in Scotland.
Dixon advises: “Before you file a claim, send screenshots of the draft court papers setting your case out and demanding a refund within seven days.
“This may resolve the dispute. If it does not, you can proceed and file the small claim papers online.”
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Samsung responds
After I reached out to Samsung, thankfully this case reached a point where none of the above was required.
They got in touch with you to find a solution.
In a statement for this post, they said: “Samsung was disappointed to hear of Adam Roseby’s experience with us and we contacted the customer to organise an inspection of his TV.
“We found that there was a unique and rare panel issue that caused the fault and we will be repairing this free of charge. We apologise for any inconvenience.”
A few weeks on, the TV has been repaired to your satisfaction – a happy ending.
This feature is not intended as financial advice – the aim is to give an overview of the things you should think about.
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