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Topic # 89396 1-Sep-2011 13:37
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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?




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  Reply # 515055 1-Sep-2011 13:39
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Disputes tribunal?




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  Reply # 515057 1-Sep-2011 13:41
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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.



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  Reply # 515058 1-Sep-2011 13:41
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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'




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  Reply # 515060 1-Sep-2011 13:42
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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




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  Reply # 515061 1-Sep-2011 13:43
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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.



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  Reply # 515063 1-Sep-2011 13:44
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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.




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  Reply # 515065 1-Sep-2011 13:45
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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.



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  Reply # 515066 1-Sep-2011 13:46
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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.




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  Reply # 515070 1-Sep-2011 13:51
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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. 

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  Reply # 515072 1-Sep-2011 13:53
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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? 

 



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  Reply # 515073 1-Sep-2011 13:55
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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.




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  Reply # 515079 1-Sep-2011 14:12
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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.




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  Reply # 515105 1-Sep-2011 14:58
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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.

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  Reply # 515112 1-Sep-2011 15:06
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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.

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  Reply # 515128 1-Sep-2011 15:28
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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.

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