TV return drama that has a happy ending

In 2014, Nick and Wendy Sampson bought a 55-inch curved Samsung TV from PC World for £2,699. But it turned out not to be worth the price they paid. After two years, discolouration and screen backlight bleed became too much to bear, so Nick and Wendy reported the problems to PC World and arranged to send it back.

The TV was collected in immaculate condition but was scratched and dented in transit when being returned. After three subsequent returns due to insufficient repairs, it went missing with PC World for over 10 days and came back with more damage to the repaired panels, and the original fault hadn’t been resolved. Discussions with PC World went nowhere, so Nick and Wendy raised a Section 75 claim with their credit card provider, Aqua.

Our advice

We advised Nick and Wendy to write a complaint letter to PC World and Aqua. After reaching a deadlock with both firms, we suggested they involve the Financial Ombudsman Service (FOS). The FOS found in their favour. It ordered Aqua to refund the full cost of the TV and 8% interest. Aqua intended to appeal this decision, but due to the length of time that had passed, Nick and Wendy had to either issue legal proceedings or come to an agreement. Aqua conceded, settling the dispute, and it refunded Wendy’s account.

The Law

As Nick and Wendy bought the TV before 1 October 2015, their contract came under the Sale of Goods Act 1979. They were entitled to a repair as there was a fault with the TV. After it was damaged and not repaired by PC World, they were entitled to reject it and seek a refund. They also had protection under Section 75 of the Consumer Credit Act, which allows you a refund from your credit card provider if your purchase doesn’t meet promised standards.