Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.




Awesome
4786 posts

Uber Geek
+1 received by user: 1059

Trusted
Subscriber

Topic # 89396 1-Sep-2011 13:37
Send private message

I have a 3 year old LCD TV which developed an intermittent fault earlier this year. Sometimes when turning on from standby, it dies as soon as it powers on, and has to be unplugged for several hours before it will work again. I returned the TV to Dick Smith and asked for repair under the Consumer Guarantees Act, which they agreed to.

They sent my TV away, and it was away for 2 months before I got a call to say after testing they could not replicate the fault, and I would have to pay a $92 'No Fault' fee to have the TV back, which I paid on the condition the problem has stopped (I even put the condition in writing).

The TV still had the issue, so I took it back to DSE and advised I was rejecting the goods under the CGA on the basis they were not of reasonable quality. I was advised the area manager handles CGA claims and they would put a case to them for a refund of the purchase price, plus the $92 fee.

It's now been a further month with no TV, and DSE won't give me an answer until Sony agree to pay for the refund costs. I believe they are stalling, and I would like to get this resolved without waiting an undisclosed time while DSE negotiates with Sony.

What are my options?




Twitter: ajobbins


View this topic in a long page with up to 500 replies per page Create new topic
 1 | 2 | 3
2770 posts

Uber Geek
+1 received by user: 146

Trusted

  Reply # 515055 1-Sep-2011 13:39
Send private message

Disputes tribunal?




Lead Consultant @Intergen
All comments are my own opinion, and not that of my employer unless explicitly stated.


13788 posts

Uber Geek
+1 received by user: 1714


  Reply # 515057 1-Sep-2011 13:41
Send private message

Go to the consumer.org.nz website and they have letter templates for letters that get results. Then send that to the manager and the head of the company. From the template they consider 7 days a reasonable period of time to get a result.

Intermittent faults are the worst for both sides.

 
 
 
 


Try Wrike: fast, easy, and efficient project collaboration software


Awesome
4786 posts

Uber Geek
+1 received by user: 1059

Trusted
Subscriber

  Reply # 515058 1-Sep-2011 13:41
Send private message

lokhor: Disputes tribunal?
Was thinking about that, but wasn't sure if that was an option being DSE have not actually said no, they are just not saying anything at this point and when I follow up they just tell me they are 'still chasing Sony'




Twitter: ajobbins




Awesome
4786 posts

Uber Geek
+1 received by user: 1059

Trusted
Subscriber

  Reply # 515060 1-Sep-2011 13:42
Send private message

mattwnz: Go to the consumer.org.nz website and they have letter templates for letters that get results. From the template they consider 7 days a reasonable period of time to get a result.

Intermittent faults are the worst for both sides.


Yep, am a Consumer member and used the template first time around, and then again with my letter rejecting the goods. But 7 days or not, I can't force them to make a decision




Twitter: ajobbins


13788 posts

Uber Geek
+1 received by user: 1714


  Reply # 515061 1-Sep-2011 13:43
Send private message

ajobbins:
lokhor: Disputes tribunal?
Was thinking about that, but wasn't sure if that was an option being DSE have not actually said no, they are just not saying anything at this point and when I follow up they just tell me they are 'still chasing Sony'


They have however taken far too long in my opinion, to get it resolved. At the very least they should have provided you with a loan TV if it was going to take that sort of time.



Awesome
4786 posts

Uber Geek
+1 received by user: 1059

Trusted
Subscriber

  Reply # 515063 1-Sep-2011 13:44
Send private message

Also, as the fault was intermittent, this time I took a video of the fault this time around, in case they wanted proof. Advised I would supply the file on request, but they have so far said they don't need it.




Twitter: ajobbins


13788 posts

Uber Geek
+1 received by user: 1714


  Reply # 515065 1-Sep-2011 13:45
Send private message

ajobbins:
mattwnz: Go to the consumer.org.nz website and they have letter templates for letters that get results. From the template they consider 7 days a reasonable period of time to get a result.

Intermittent faults are the worst for both sides.


Yep, am a Consumer member and used the template first time around, and then again with my letter rejecting the goods. But 7 days or not, I can't force them to make a decision


As you are a consumer member you could contact consumer about it directly, as I beleive they do help their members. Your letter could be one of those that are found in the magazine.



Awesome
4786 posts

Uber Geek
+1 received by user: 1059

Trusted
Subscriber

  Reply # 515066 1-Sep-2011 13:46
Send private message

mattwnz:
ajobbins:
mattwnz: Go to the consumer.org.nz website and they have letter templates for letters that get results. From the template they consider 7 days a reasonable period of time to get a result.

Intermittent faults are the worst for both sides.


Yep, am a Consumer member and used the template first time around, and then again with my letter rejecting the goods. But 7 days or not, I can't force them to make a decision


As you are a consumer member you could contact consumer about it directly, as I beleive they do help their members. Your letter could be one of those that are found in the magazine.


I've sent a query through the website today, but not sure how long it's going to take to get a response, so thought I would ask here too.




Twitter: ajobbins


780 posts

Ultimate Geek
Inactive user


  Reply # 515070 1-Sep-2011 13:51
Send private message

ajobbins: 
It's now been a further month with no TV, and DSE won't give me an answer until Sony agree to pay for the refund costs. I believe they are stalling, and I would like to get this resolved without waiting an undisclosed time while DSE negotiates with Sony.

What are my options?


Ring DSE, explain their CGA obligations and that you want said TV repaired immediately, replaced, or a full refund.If they refuse, ask to speak to the most senior manager you can find (maybe at head office?), and repeat.

If still no luck, tell the senior manager you will immediately lodge a dispute with the disputes tribunal, for the full refund. 

Download the claim form from the disputes tribunal, fill it in at home (you don't need duplicates, the court will make copies as necessary).Make sure you exactly spell the correct business name including the Ltd (the legal people get fussy over that). 

Drop it off at your local courthouse ($36) - and , more than likely DSE will phone and offer a refund or something pre court date.  

If you do end up going to court (most unlikely), take along your receipt, and, perhaps something from the consumer website showing the expected lifespan of a TV. You'll win hands down .  Evidence of the fault is probably needed too. 

780 posts

Ultimate Geek
Inactive user


  Reply # 515072 1-Sep-2011 13:53
Send private message

mattwnz: Go to the consumer.org.nz website and they have letter templates for letters that get results. Then send that to the manager and the head of the company. From the template they consider 7 days a reasonable period of time to get a result.

Intermittent faults are the worst for both sides.


I wouldn't even bother about a letter-just wastes more time.All you need, is evidence of the fault, sales invoice. Whether you tell them on the phone, or hand them a letter, whats the diff? 

 



Awesome
4786 posts

Uber Geek
+1 received by user: 1059

Trusted
Subscriber

  Reply # 515073 1-Sep-2011 13:55
Send private message

I have no doubt I would win at a disputes tribunal, I have all the paper work to back this all up, as well as evidence of the fault and have been more than generous with the time I have given them to resolve the matter.

I believe they are stalling in the hope I may drop the matter, however I have sent a follow up email to the person at head office handing the issue asking for an update. If they are not able to give me an answer today, I will give them to 12pm tomorrow to refund before I lodge the paperwork at the district court.




Twitter: ajobbins


13745 posts

Uber Geek
+1 received by user: 2388

Trusted
Subscriber

  Reply # 515079 1-Sep-2011 14:12
Send private message

Them talking to Sony isn't your problem. They've taken far too long. I'd give them 24 hours to resolve it, and tell them after that you're going to the disputes tribunal. Like you already said.

Write a letter to consumer, they tend to get results, especially if they publish it in the magazine. I think they'd like to embarrass a big company.

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. In a couple of cases i've corrected a salesperson talking to someone I don't know, when the error would've resulted in that person spending more money than necessary.




AWS Certified Solution Architect Professional, Sysop Administrator Associate, and Developer Associate
TOGAF certified enterprise architect
Professional photographer


13788 posts

Uber Geek
+1 received by user: 1714


  Reply # 515105 1-Sep-2011 14:58
Send private message

ajobbins: I have no doubt I would win at a disputes tribunal, I have all the paper work to back this all up, as well as evidence of the fault and have been more than generous with the time I have given them to resolve the matter.

I believe they are stalling in the hope I may drop the matter, however I have sent a follow up email to the person at head office handing the issue asking for an update. If they are not able to give me an answer today, I will give them to 12pm tomorrow to refund before I lodge the paperwork at the district court.


AS long as they have got your TV, you are hardly going to drop the matter or forget about it :) That is why they should really have leant you a loan tv, so you do have something for your money as protection, and so you have got some leverage. Although it is unlikely they could go out of business etc, and they would have you TV and your money, which has happened with smaller outfits . Under the CGA they are required to sort it out in a reasonable period of time, which may not have been the case this time. You could always report them to the relevant authority if you believe your consumer rights have been broken.

962 posts

Ultimate Geek
+1 received by user: 132

Subscriber

  Reply # 515112 1-Sep-2011 15:06
Send private message

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.

2350 posts

Uber Geek
+1 received by user: 255


  Reply # 515128 1-Sep-2011 15:28
Send private message

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.

 1 | 2 | 3
View this topic in a long page with up to 500 replies per page Create new topic



Twitter »

Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

Amazon launches the International Shopping Experience in the Amazon Shopping App
Posted 19-Apr-2018 08:38


Spark New Zealand and TVNZ to bring coverage of Rugby World Cup 2019
Posted 16-Apr-2018 06:55


How Google can seize Microsoft Office crown
Posted 14-Apr-2018 11:08


How back office transformation drives IRD efficiency
Posted 12-Apr-2018 21:15


iPod laws in a smartphone world: will we ever get copyright right?
Posted 12-Apr-2018 21:13


Lightbox service using big data and analytics to learn more about customers
Posted 9-Apr-2018 12:11


111 mobile caller location extended to iOS
Posted 6-Apr-2018 13:50


Huawei announces the HUAWEI P20 series
Posted 29-Mar-2018 11:41


Symantec Internet Security Threat Report shows increased endpoint technology risks
Posted 26-Mar-2018 18:29


Spark switches on long-range IoT network across New Zealand
Posted 26-Mar-2018 18:22


Stuff Pix enters streaming video market
Posted 21-Mar-2018 09:18


Windows no longer Microsoft’s main focus
Posted 13-Mar-2018 07:47


Why phone makers are obsessed with cameras
Posted 11-Mar-2018 12:25


New Zealand Adopts International Open Data Charter
Posted 3-Mar-2018 12:48


Shipments tumble as NZ phone upgrades slow
Posted 2-Mar-2018 11:48



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.