Reasonable lengh of time-Sale of goods act

Carlos~

derrick wrote: »

Did you pay by Credit Card or on finance? If yes, then copy all correspondence to them and inform them that you will cite them as co-defendants, as under the Consumer Credit Act Section 75 they are "equally and severally liable as providers of credit/finance"

Yes paid by HSBC Credit card. I was also aware of this so will definately inform them of the situation.


Cheers for all help.

Will confirm back this afternoon
Carl

Carlos~

Ok, Spoke with Comet again.

The whole time I was extremly calm and friendly. (I work with angry customers all the time, and know that's the worst thing to do)

Explained the situation above, requested that Comet paid the full cost of the repair and refunded me the money I have had to pay out already. I told them my terms were non negotiable and unless confirmed I will be taking them to court for the full cost of the television and payments I've already made for the repair (and fee's etc). They stated that they need to send out an engineer etc. to which I replied I've already gone down that route and gave her all the details.

She has referred this to the Investigation team who will be contacting me asap. She has told me that there is a 4 hour turnaround, so I may have to wait until Tuesday. I explained that I was fine with waiting as I would prefer the situation looked into properly, rather the fast reply.

I took her name, the time and also requested via post a copy of my receipt for the original £30 that was taken over the phone for the original booking. I stated I wanted this because the technician never supplied this and I would like to have all documentation in case I do have to take this to court.

It's possible i may get a reply today, however I expect a response by Tuesday at the latest..

I'll update you then

Thanks
Carl

taxiphil

nanokitten wrote: »

There is case law on what a reasonable length of time is (and its pretty short in some cases ie for a new car a drive round the block).

A drive around the block for a new car?? :eek:

I've got case law which suggests something very different!

In Fiat Auto Financial Services v Connolly [2007] S.L.T. (Sh Ct) 111, a consumer sucessfully rejected a car after racking up 40,000 miles in it.

The key point from the summary of that case is:

A period spent by the buyer waiting for information to enable him to make an informed decision as to whether to reject, will not count when considering whether he has had the goods for more than a reasonable length of time without rejecting them.

Steve_xx

[quote=Carlos~;13563669Explained_the_situation_above,_requested_that_Comet_paid_the_full_cost_of_the_repair_and_refunded_me_the_money_I_have_had_to_pay_out_already._I_told_them_my_terms_were_non_negotiable_and_unless_confirmed_I_will_be_taking_them_to_court_for_the_full_cost_of_the_television_and_payments_I've_already_made_for_the_repair_(and_fee's_etc)._They_stated_that_they_need_to_send_out_an_engineer_etc._to_which_I_replied_I've_already_gone_down_that_route_and_gave_her_all_the_details._[/quote]

I want you to be sure of what you are and are not entitled to claim for. You can claim for the cost of the repair and for the cost of issuing the County Court claim if you get that far. what you cannot do is claim for the repair, the County Court fee and the cost of a television.

Carlos~

Steve_xx wrote: »

I want you to be sure of what you are and are not entitled to claim for. You can claim for the cost of the repair and for the cost of issuing the County Court claim if you get that far. what you cannot do is claim for the repair, the County Court fee and the cost of a television.

Thanks Steve.

With a bit of luck it won't come to that, but I wouldn't do anything without proper legal advice on the situation (I just wanted to let them know that I wasn't going to be fobbed off!! If I have to send a letter I will do with all of the claimed details listed.

TBH I'm happy with just getting the repair for free, so it depends on what action they take as to what I claim for really.

Let's hope they agree it's unacceptable and fix it for nothing. I must admit, so far they have been faily good, haven't argued with me, have taken on my points and agreed to get back to me, which is I suppose all I can ask for in the first instance.

Cheers again!
Carl

Carlos~

I've heard from Comet already.

I've received confirmation that the repair will be of no further charge to me.

Which is great, but I questioned about my £75 i've already laid out. The reply was that she wasn't clear on this as she had been advised exactly that "no further charge would be required" .
She has told me that the service department will be calling me next week to confirm when they are changing the part and I should request the refund of the money I have spent then.

She told me that If I hadn't heard from them by the end of next week to give her a call back!

So some good news so far. But I'm pushing for the repair to be made compeltely free. And with agreement that no further charge will being applied I see that as acceptance that I'm in the write and therefore should be able to get it back!

Thanks for you continued help here!

Carl

Steve_xx

Sounds like good progress.

Get the repaired TV back and then tell them that you want your £75 back. If they wont give it to you, then write to them as I said before, giving them 7 days to hand the money back. I'm sure that you will get it.

Tozer

I think it is a fairly good result and anything else is a bonus. Any court proceeding would be prone to risk so think about that before issuing.

If you do issue proceedings, do not quote fitness for purpose. You need to say that the TV is not of satisfactory quality under s.14(2) in that it is not durable.