Legal Questions and Answers by
Jonathan Stones of John Barkers
Question :-
We bought a television from a well-known store in January last year, paying £14-97 per
month for 18 months, with a final payment of £439.
Six weeks before we were due to make the final payment it broke down. An engineer came and
took it away for repair. They said it would be ten days. Fifteen days later we phoned in
and they said they had not yet started on it. Two days later they phoned to say they
needed a part and it would be another seven days.
They did offer to lend us a set but we declined, as we had been told that we would have
our own back in just a week.
The following day they phoned to say that they did have the part in but they could not say
when the repair would be done.
We are now very close to the date on which the final payment is due to the finance
company. Should we pay?
Answer :-
I think you need to write to the manager of the store where you bought the television,
setting out the facts and demanding the situation is sorted out.
Write rather than telephoning. A letter will end up on the manager's desk and stands a
better chance of producing action from what sounds like a pretty lethargic outfit.
Telephone calls may be taken by anyone; they may be forgotten and it is very difficult to
prove they were ever made.
Given that the television broke down when it was less than a year old it must have been
under warranty, so there can be no argument that the fault is the store's problem. They
need to be told that they should either sort it or replace it with a new set. Advise them
that unless they do so promptly you will take the matter to the trading standards
department. That should get their attention.
You would obviously like to have the matter resolved before you shell out the big cash
sum. That said, withholding the final payment from the finance company would not be a good
idea and, depending on the agreement which you signed, might incur penalties.
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