topic Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY in Samsung Lounge

UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Obsydian — Tue, 01 Aug 2023 12:23:59 GMT

I thought I would share a recent experience (nothing to do with Samsung) that I feel will be useful for many forum members.

I have filed a claim against a company whereby an item failed, long story short, the manufacturer started to be stupid and a friend advised me to remind them of their legal obligations (see below) as my device was considered 2 years outside the 2-year warranty period. I will keep the thread updated on my claim.

How to claim Uk Small Claims Court

Back to the relevance here, I have owned a number of Samsung items (mobiles, microwaves, buds, watches) which failed (not damage related) and Samsung or their hapless partner provide ridiculous quotes and usually never fix the issue or it was outside their self-appointed warranty period.

YOUR UK LEGAL RIGHT FOR UPTO 6 YEARS - IS A FREE-OF-CHARGE REPAIR/REPLACEMENT

The 1 or 2-YEAR WARRANTY MANUFACTURERS STATE IS NONSENSE IT IS 6 YEARS

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The Consumer Rights Act 2015 is a guarantee for the consumer against poor workmanship and misrepresentation for a period of time during the life expectancy of that product, which should be no more than 6 years in the UK.

The Consumer Rights Act 2015, Section 23:132 protects consumers in situations such as these. According to this section, I have the right to insist on the repair or replacement of faulty goods, with the costs borne by the trader. Additionally, any costs associated with the removal and reinstallation of the replacement should be covered by the trader. If the goods were purchased as new, the replacement should be new and identical to the original.

Consumer Rights Act

Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

JAMES4578 — Tue, 01 Aug 2023 12:59:05 GMT

@Obsydian Thanks for sharing,would just say that whilst consumer rights last up to 6 years , after 6 months the onus is more on the consumer to prove that there was a known fault at the time of purchase. in the first six months the purchaser does not need to prove that the faulty item was not of satisfactory quality in order to get it repaired or replaced during the first six months after purchase.

With consumer rights the port of call is the retailer rather than the manufacturer (if different)

Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Obsydian — Tue, 01 Aug 2023 12:51:57 GMT

I am assuming most of us like me buy direct, but either way, if the retailer fails it is a claim against the OEM.

The first 6 mths point is irrelevant, the UK law states 6 years (not including damage).

Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

JAMES4578 — Tue, 01 Aug 2023 13:19:13 GMT

A number do buy mobile products direct, may not be so much the case with Tv's. Anyway have edited post. obviously can claim for up to 6 years but my point is that it is a bit more difficult after 6 months . May need evidence of known problems with the product, which guide says may need some form of expert report.

Re: Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Obsydian — Tue, 01 Aug 2023 13:12:12 GMT

Like I said I will share my experience and it is very different to what you are conveying, it's simple it needs a repair, that's it, as long as it is NOT damaged.

Re: Re: Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

JAMES4578 — Tue, 01 Aug 2023 14:01:00 GMT

Not saying claims cannot be successful after long period,personally not needed to make a claim. Anyway I wish you the best.

Re: Re: Re: Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Obsydian — Tue, 01 Aug 2023 13:38:58 GMT

Point is the consumer does NOT need to pay for repairs.

Even Apple storrs know that and have a smart app they use to determine if the repair is free and no doubt the extra cost if someone takes them to court.

Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

TechZilla — Tue, 01 Aug 2023 14:17:53 GMT

Personally I have owned and currently still own many Samsung products, Including watches, phones, foldables, washing machine, monitor, fridge freezer, earbuds and many other products. I have been buying Samsung products for over a decade and to date nothing has ever failed. I still have the original Galaxy watch with the camera in the band and to my surprise it still charges and works. I am not defending Samsung but simply sharing my experience.

Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Obsydian — Mon, 14 Aug 2023 08:34:46 GMT

Encouraging result, Citizens Advice has referred the manufacturer to UK Trading Standards.

The manufacturer lawyers have pushed the response timing to late September now, really dragging it on.

Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Obsydian — Mon, 14 Aug 2023 08:40:26 GMT

https://www.moneysavingexpert.com/news/2023/02/martin-lewis-faulty-tech-warranty/

In the words of Martin Lewis, Warranty: pretty irrelevant when it comes to the law."

Interestingly he does call out Samsung as one he keeps receiving questions.

Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Dave j — Tue, 28 Nov 2023 17:55:08 GMT

Just wondering how you got on..I have a flip4z z and am now facing the warranty issues. Just because the phone has a few scratches they are saying warranty is void and I have caused the damage to the phone. I am waiting on a phone call from Samsung head office tomorrow.

Sky

Tmt repairs

Samsung have all passed the book to each other. What a scam!!

Re: Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Obsydian — Tue, 28 Nov 2023 17:57:45 GMT

Firstly if you paid via credit card, get them to sort it out, the court process has been slow, it is still awaiting a magistrate to review, as we both agreed to avoid a face to face hearing.

Will update once if hear back.

Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

B12khx — Fri, 22 Dec 2023 15:23:48 GMT

You must be lucky because I've had a few items fail after 2 years even looking after them with care

Re: Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

IYAN — Sat, 20 Apr 2024 11:16:01 GMT

Hi! What happened eventually after the call?

Re: Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Obsydian — Mon, 22 Apr 2024 06:13:59 GMT

1st hearing at the county court, awaiting a second, a very slow process.

My advice if you paid via credit card claim under section 75 and let the credit card company sort it out, Small Claims Court so far has been painfully slow

Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Obsydian — Fri, 27 Sep 2024 13:28:57 GMT

Nearly 1.5 years on I was in court this morning, the good news is the Judge ruled the manufacturer bricked my device they are liable and kicked out loads of nonsense arguments.

It's not over, as Judge said to the Defendant agreed to pay up or go to a half-day trial, all over £342, their legal fees are circa £10k, and the Judge was pissed.

The bottom line it is possible to fight for your rights, but it is hard, worrying and stressful, pre-hearing I was being counter-claimed for £6,000, I think £7,500 after today and if it goes to Trial (even the Judge criticised the Defence) saying even more cost, how many legal types does it take to fight one consumer, when he has a case, which you are using spurious arguments to avoid.

Would I do it again or advise others to ...

If it's £1,000s maybe, but in my case 100% no.

Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Obsydian — Fri, 27 Sep 2024 13:32:30 GMT

Beyond the court stuff, the whole OTA Update bricked a device has merit, by offering it manufacturer start (burden of proof) to become liable.

The downside is manufacturers stop OTA updates after say 2 years, but then in the UK we are covered for 6 years, the 2 years are just made up by manufacturers and have NO legal basis.

Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Raj1981 — Fri, 18 Oct 2024 17:27:29 GMT

Hi, I'm thinking of going down the small claims route as my wife's Z flip 4 has failed after 2 years. When folded the phone switches off completely and the charger has to be inserted for the phone to switch on again! I mean what is the whole point of a flip phone if it's not serving its purpose. Two years is not a reasonable amount of time for a £1000 phone to last. What is the best way forward as TMT are saying £319 to repair the phone!

Re: Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Obsydian — Fri, 18 Oct 2024 19:14:48 GMT

Don't.

If you purchased with your credit card, tell them to take it up.

Re: Re: Re: UK Consumer Rights Act 2015, Section 23:132 - 6 YEAR WARRANTY

Raj1981 — Thu, 31 Oct 2024 21:53:00 GMT

I paid by Klarna finance