CGA Claim for Sony TV through DSE

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#515129 1-Sep-2011 15:32

allan: By the way, if you do go to the Disputes Tribunal and win - unfortunately you can't claim back the $36 lodgement fee. Apparently it's specifically prohibited by the empowering legislation.

We had a taxi driver take my son to the Disputes Tribunal over supposedly uninsured losses in a motor vehicle accident and he tried to claim the cost from us and was told he couldn't. He lost anyway as it happened.

Yep, was aware of that. Small price to pay if it gets resolved. Thanks :)

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ajobbins

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#515131 1-Sep-2011 15:34

Bung: Have Sony ever had the TV or has all the testing been done by DSE? Some Sony LCD apparently have a firmware fix for a shutdown fault.

DSE sent the TV to Service Plus the first time around, who I am led to believe are the authorised repair agents for Sony in NZ. They were not able to fix it so on sent it to Hanlon's Tisco in Wellington, which is where it was for about 6 of the 8 weeks first time around.

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maoriboy

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#515982 2-Sep-2011 22:56

timmmay: DSE is usually good, but they employ a lot of low level people with no tech knowledge whatsoever, as well as a few smart people too. .

Dick Smith (and most electronic retailers in general) employs salespeople, not technicians, in their stores. They could probably tell you all about the features of a particular tv, how much ram this computer has, or what colour iPod matches your suit, but they aren't likely to be able to diagnose whats wrong with your tv instore. That's why items that need to be assessed get sent away to specialist repair agents. There may be a few that are more intelligent than the norm but they still

As for the topic in question, have you tried calling Sony directly? My friend had something similar happen to him, with his tv failing 18 months after purchasing it, and Sony came to the party after the retailer he was dealing with ( not DSE) basically fobbed him off. I know under the CGA it is DSEs obligation to take care of you, but maybe try a different tack?? It couldn't hurt. Failing that, call Dick Smith head office and ask for the NZ operations manager, with all your information ready to lay on him

Dunnersfella

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#515994 2-Sep-2011 23:27

Your issue is with Dick Smith, not Sony.
They need to bite the bullet and resolve the issue.
If however they have no evidence of the fault, I'm picking they're sitting there wondering what the hell is happening with a TV that has been logged into their service system for such long periods of time... make sure you GET the evidence of the fault to DSE and then to the service agent.

The annoying part for you...
They may replace a part in the TV, and it may well fault again.
Yay.
But such is the way of the world.

ajobbins

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#516995 5-Sep-2011 17:13

Just got off the phone to DSE.

DSE have agreed to refund the $92 no fault fee I was charged, and acknowledged the TV has a fault, but have refused to refund the purchase price of the TV. They have advised they are only willing to repair the TV, and are ordering a part to have it fixed.

DSE do not agree they are obligated to provide me with a refund, and I have advised that my interpretation of the Consumer Guarantees Act differs and that I have no choice but to file paperwork with the Disputes Tribunal tomorrow.

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NonprayingMantis

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#517009 5-Sep-2011 17:30

ajobbins: Just got off the phone to DSE.

DSE have agreed to refund the $92 no fault fee I was charged, and acknowledged the TV has a fault, but have refused to refund the purchase price of the TV. They have advised they are only willing to repair the TV, and are ordering a part to have it fixed.

DSE do not agree they are obligated to provide me with a refund, and I have advised that my interpretation of the Consumer Guarantees Act differs and that I have no choice but to file paperwork with the Disputes Tribunal tomorrow.

They do not have to provide a refund. They can choose to offer a repaid, replacement, or refund. But it is their choice.

However, they must repair or replace within a reasonable amount of time. What amounts to a ‘reasonable’ time for a repair is up to the courts to decide (and you may find they rule in your favour) but generally for something that is a necessity (such as a washing machine) they would probably have to do it quicker than something which is a luxury good (such as a Plasma TV).

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#517021 5-Sep-2011 17:51

ajobbins: Just got off the phone to DSE.

DSE have agreed to refund the $92 no fault fee I was charged, and acknowledged the TV has a fault, but have refused to refund the purchase price of the TV. They have advised they are only willing to repair the TV, and are ordering a part to have it fixed.

DSE do not agree they are obligated to provide me with a refund, and I have advised that my interpretation of the Consumer Guarantees Act differs and that I have no choice but to file paperwork with the Disputes Tribunal tomorrow.

They are probably right, because the fault may not be considered 'substantial', and can be fixed with a component. If the fault was substantial, then as a consumer I believe you have the right to then ask for a refund, by only in that particular situation. What however isn't good is the amount of time it has taken them, and it had to be fixed within a reasonable period of time, so I am guessing you are making a claim based on that they haven't repaired it within a reasonable period of time?

mrgreen

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#517028 5-Sep-2011 17:57

Sony make the worst TVs

mattwnz

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#517032 5-Sep-2011 18:02

mrgreen: Sony make the worst TVs

Really, and what do you base that on, and what are you comparing them with.

ajobbins

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#517036 5-Sep-2011 18:09

robbyp: ... so I am guessing you are making a claim based on that they haven't repaired it within a reasonable period of time?

Exactly, they did not fix it in the reasonable time and therefore I am entitled to a refund.

From http://www.consumer.org.nz/reports/consumer-guarantees-act/putting-it-right
"If the problem cannot be fixed, or cannot be put right within a reasonable time, or is substantial, you can: Reject the product and choose a replacement of the same type or similar value or a full refund of your purchase price"

"When you have the right to reject the goods, sellers cannot just offer a credit note. If you want a refund, you are entitled to it - by cash, cheque or credit card charge reversal."

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ajobbins

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#517348 6-Sep-2011 10:18

Went to lodge a claim this morning at the Auckland District Court, but because I live on the North Shore they said I have to file it there, even tho I am always in he city during there opening hours. Grrrrr!

Will have to leave work early today and head up there.

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#517352 6-Sep-2011 10:23

ajobbins:
robbyp: ... so I am guessing you are making a claim based on that they haven't repaired it within a reasonable period of time?

Exactly, they did not fix it in the reasonable time and therefore I am entitled to a refund.

From http://www.consumer.org.nz/reports/consumer-guarantees-act/putting-it-right
"If the problem cannot be fixed, or cannot be put right within a reasonable time, or is substantial, you can: Reject the product and choose a replacement of the same type or similar value or a full refund of your purchase price"

"When you have the right to reject the goods, sellers cannot just offer a credit note. If you want a refund, you are entitled to it - by cash, cheque or credit card charge reversal."

While I agree with you here, it is a tricky situation .

eg, I wonder if you will win the case if the tv is fixed by the time of the hearing?

Keep us informed, most interested in this one.

ajobbins

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#517359 6-Sep-2011 10:31

My stance is that, even if they 'fix' the TV, I had already rejected it. Based on what has happened to date, I have no confidence what so ever in their ability to actually diagnose and fix the issue and I am not willing to risk taking the TV back.

They still can't give me a time frame for actually having it fixed anyway.

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ajobbins

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#517632 6-Sep-2011 17:02

Disputes Tribunal claim lodged. Despite being a grumpy dude, the guy at the district court seems to think I'm definitely in the right.

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wreck90

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#517643 6-Sep-2011 17:14

ajobbins: Disputes Tribunal claim lodged. Despite being a grumpy dude, the guy at the district court seems to think I'm definitely in the right.

More than likely, you'll shortly receive a call from DSE offering a refund --they don't want to waste time in court when your case appears strong.

Incidentally , the tribunal should allow claims to be filed and paid electronically. In this day and age it seems quaint that they make you file at your 'regional' court.

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