Hi

1.  I have reported the problems to the dealer since the 1st day it was installed, written to them on numerous occasions since, threatened court action, emailed god knows how any times.  They say they have to wait for B&O to reply.  The most recent issue with the DTV they have now said it is with B&O technical and can not give me a time scale for rectification.  I am therefore of half a mind to give them a two week notice of small claims court action! Woudl you believe it took them 1 year to get the surround sound in the lounge working correctly after about 5 visits!!!

2. BV7-40 bought two years ago, replaced with a new set 1 year ago FOC with no improvement in quality.

3. Because I have already threatened court action for goods unfit for purpose (with a total cvlaim value in excess of £85k), B&O tehcnical replied direct to me, plus their UK sales team wrote me direct, it was the snottiest letter I have ever received as previously described. I am amazed that they let someone get this frustrated with their equipment - I have already told them that if we go to court, this will be in most papers as I think it is disgusting that someone buys what is meant to be the best system in the world, then gets this attitude and service.  I am not rich and this was a treat to myself - I wish I had gone to the book of laminated dreams - namely argos!!!

The problem is that I am made to feel as tho I am the only one complaining in the UK.  However, I issued another thread about the DTV modules not working correctly - that cost me £1k last year.  I now understand that there is a common problem with these but the response I got from the dealer is 'no one else has complained so it doesn't exist''.  Well my neighbour bought a £50 set top box and theirs is fine on the same signal.  Therefore again I have had to resort to threatening court action to resolve it but still no response.

What is their problem? If you buy a product then it should be of usable quality? Simon is going to review the DVD;s on which the picture quality is poor and give his opinion.  This is most useful. Is there anything else you think I should do short of just going legal with them?

Many thanks, Rob

Hi Moxxey

Sorry but I think my answers crossed in the wilderness.

My argument is thus - if I go up the road and buy a sony 40" - you can not see the same problem.  Therefore the B&O set, whilst may be of better qulaity, is not fit for purpose?

My friend who is a local magistrate has agreed that I only need to demonstrate what a layman would expect from a TV. Namely a good picture with no lag. If a cheaper set does this then basically they have had it - they can not blame this on the fact that it is an inferior product - you buy it to show films therefore need to be fit for purpose.

I will look up a BV9 and see what they are - I refuse to pay another penny tho so if they do not propose this FOC as a resolution, then it will be court I'm afraid.

We tried several toehr sets at the dealership and some showed the problems and some did not but I am not familiar with which sets were which.  I will try and find out and let you know.

Many thanks, Rob

My impression is that the small claims procedure is for sums less than £5000, AFAIK £85000 is outside this type of action.  BTW I am no lawyer, but I did take my ex-neighbour to Small Claims Court  so I do have some experience of this. It is not for the faint hearted and would advise you that it is a very stressful thing to get involved in, and you would need very good evidence to prove this type of claim, an "impression" would certainly not be enough.  I am not trying to put you off as you clearly think you have a valid claim, but you will need to be prepared to prove you are right. The Judges involved do not waste time on trivia - think of the meanest teacher/headmaster at school and then triple the nastiness and think how small you felt in front of them, they are very intimidating and even the lawyers can be terrified of them - it is not a friendly procedure. It is designed to give legal redress to the general public who have good claims regarding small amounts of money but lack the wherewithall to get lawyers involved. My advice is to avoid lawyers or anything to do with them at all costs because it will undoubtedly be a very expensive endeavour regardless of the outcome. Try and work this out without going to court.

Apologies to any Lawyers reading this ;)

Hi All

 I am thankful you are considering our position.

I see what you are saying moxxey.  Also - Propaganda - you need to start in small claims which then issue your case up to county court which has no upper rlimit.  As I mentioned we have not taken this lightly - I have had magistrate advice and also our solicitor has reviewed all info and thinks, whilst we are mad, can see why we are so pi**ed off.  I purley go on their advice - if no one else can see the problem then I woudl happily say I am going mad and it is me - this is not the case.  My wife told me today whe watched a film whilst I was out last night in the bedroom and turned it off half way through becuase of the lag!  I certainly feel bullied to just shut up up basically waste £30k of equipment.

Moxxey - going back to you objective point - Under law you only need to prove something is or is not fit for purpose.  This is a very loose term - 3 out of 6 people (50%) saw the problem and acknowledge it.  Therefore if you spent £7k on a tv, how do you think a magistraate woudl view it?  The local magistrate suggested buying an alternative make tv, put it next to the BV7, then play the same DVD on each.  If you see the error on the BV7 but not on the other set then case one.  We have tried this with our friends and all seem to see the problem.

Believe me when I say I do not want to rip this system out - they wired the house before we plastered the walls, there is a full garden system and all.  Our brief was a single controller system.  That is why I refuse to have a different DTV box.  Again our magistrate friend has confirmed that this is a reasonable approach for a layman.

I think I will see what Simon says (no pun intended).

Once again thank you for your considered views.  I very much appreciate them.

Have a good weekend. Rob 

Rob,

Feel for you and to state that you are in my opinion sound doing all the right things. This whole "fit-for-purpose" thing is something we should all look at when we have unsatisfactory goods and demand changes.

One simple question:- You are viewing a BV7-40 correct? From what approximate distance from your eye to the plane of the screen is it?

Thanks

10%

Hi 10%

Never been asked that before! I will measure how far the bed is from the screen and get back to you.  Nice to see people thinking laterally tho! Rob

robc4674!  One question!

Have you a red or white info display on your TV when you turn up the volume? If you have a red display you got the MKII and that model got lag, tearing artefact's, so it´s no problem with the set. They all have the same problem. It´s the scaler module ho cant handle that much information to expand/Scale to 40" in fast pans.

 Change to BV7-40 MKIII and you will be a happy chap..! 

Regards