Know your consumer rights.

ScottishSapper

I think the question here is - 'Is it "fit for purpose"?'

When you bought it did you say the reason you were getting that particular model was that it was it was good for pet hairs? I do not think that the comment by the salesperson after you bought it would stand in an argument.

Have you checked that the internal hose in to the bag is not blocked? It is possible (as Comet would no doubt stress) that the machine is that good that it has cleaned all your dog hairs and that is why it has lost power. However if this hose is clear then if it is not lifting hairs then it IS NOT FIT FOR PURPOSE.

I also think that the advice to clean the filter EVERYTIME you use it is excessive!

You went back to the shop with the complaint fairly quick (not sure from your post if that was within the 28 days) so they should be more sympathtic. Not having the original box has no bearing on it.

I think I would write to Comet:

Comet
Customer Services Work: George House,
George Street
Hull
Humberside HU1 3AU

Explain the problem you are having, say you purchased this model because of the pet hairs, say you went back to the shop fairly quickly after you noticed the problem
and you are not satisfied with the shops lack of action.

Hope this may help

Frank

a_star_3

It won't be that easy... factors to consider:

1. Past returns policy
2. Used
3. No box... even if the hoover had not been used and you had no box... they would be difficult about it.

Simple matter is they are not in wrong so they will not refund / exchange so easily... but write to head office explaining the situation and that it was not to the standard expected and you merely wish to exchange for a more powerful version.

But before you do this I would take 1 trip back to the store and get hold of the sales floor manager, if they do not co-operate take their information as well and clearly tell them you're writing to head office.
----

discodancingdoris

Thank for the advice! Yes I did specify when I bought the hoover that I wanted it specifically for dog hair. The salesman was very young and I doubt very much he has moved out of his parents let alone owns a house with pets! But.. I guess they are trained to make up any excuse possible and are much more quick witted than I.

I have checked all hoses, pipes etc and nothing is blocked. I called the store manager before posting my first message, and again she had been trained to ignore any reasonable query of faulty item and even made excuses when I said it was not fit for purpose.

I will however, take it back one last time and have my letter ready for posting because no doubt they will out-blag me!

Thanks again!

ScottishSapper

Hi
Go for it! You may (only may) have more luck face to face in store. Comet in particular are well know for 'fobbing off' minor irritants (thats us customers!) if they can, first hurdle is to actually get the Store or Duty Manager, I think floor staff are trained in the art of not finding them! Secondly if the manger is half way to believing there is a problem the stand reply is ---- 'you will have to take it up with the manufacturer' ---- as you will be aware this is WRONG. Comet sold you the item, under sale of goods act etc it is down to the RETAILER to sort it.

If you can - stand your ground. I know it is not easy in a shop but be insistent. Have a note pad with you, make a note of the date and time and the name and position of the person you speak with, write down what they say AND read it back and ask if what you have written is correct, saying it is so that you have the facts when you speak with local trading standards and for the letter to the head office.

Anyway, Good Luck

Oysterboy_2

Hi guys,
I was hoping you'd give me your opinions on my situation.
I bought a home cinema system from currys just over 2 years ago. It's never worked properly. It has been back for repairs 4 times, they exchanged it for one the same and that one went back for repairs twice. When the new one stopped working for the third time they said it was now out of warranty and there was nothing they could do. I wrote to them informing them I would be issuing proceedings for breach of contract as the product was not fit for purpose as defined by the sale of goods act. They immediately made me an offer of approximately 1/2 what I paid. I thought it over and decided to take it. As instructed I took the system back to the shop and informed them I'd accept the offer and they said I would receive gift vouchers within 5 working days.
After a week they didn't arrive. I called and they said they had no record of me returning the system but they'd look into it. After another week I was told they had been posted. After another a week I was told to give them time and they'll turn up. After this I called daily. A few days in and currys confirmed the address they sent them to and it was not my address. They had been posted to my neighbour as they mixed the numbers up. I live in the ghetto and have never spoken to my neighbour. They won't answer the door to me and have not replied to the polite little note I put through their door. It seems the vouchers (£230 worth) were sent unregistered post.
On 11th November I wrote to Currys again and told them I was issuing for the full amount in 7 days. I've called them today and they are still just looking into it and are trying to establish if the vouchers have been spent.
I want to issue.
My concern is that they offered me £230 and I accepted it. Will they be able to say we have a binding agreement so I'll be unable to claim more or is our agreement breached due to the amount of time it has taken them?
Plus I'm worrying about the fact that they have the system and there's no proof I ever took it back or that the ghetto folk have spent the vouchers and they'll just refuse to issue more.
It's so frustrating. I'm DVD playerless, spending every day on the phone to them and getting nowhere and have no money back from them.
Thank you

Oysterboy_2

My vouchers turned up yesterday

latecomer

Spam

reported.

joannej_2

I am a new poster and need some help.

I purchased a Roomba (robot vacuum cleaner) from John Lewis in Jan 08. The vacuum had to be returned for repair within the first 5 months. It was working okay for a month or two and then developed the same fault again! At the time I asked john Lewis to ask Domotec if I could upgrade it to the next model as I was hoping it would be better quality. I got no response just a repair again!.

Its started to show signs of the same fault AGAIN! my 12 month warranty is up in the first week of Jan 09 and now I am worried that it will go wrong again if it is just repaired.

What are my rights? all I want is to upgrade it to a more reliable model and am willing to pay the extra for the upgrade.

ScottishSapper

Hi Joannej

Firstly the item has a defect, I believe that the retailer has accepted this fact by having 2 repairs done. I also believe that you have slightly weakened your case by accepting the repairs as under the Sale of Goods Act you were entitled to a full refund first time. However, as I said JL have accepted there is a fault so I suggest that you now write to John Lewis explaining the facts DO NOT MENTION that you are happy with an upgrade at this point.

Explain in your letter that the machine has had the same fault twice in the past and it has reappeared.

You now wish to have the full purchase cost refunded OR the item replaced NOTE it may now be cheaper than when u bought it so a replacement may be better bet! If they agree to replacement then bring up the subject of upgrading.

Relevent law is:
Buying goods - your rights



When you buy goods from a trader, such as a shop, market stall, garage, etc, you enter into a contract, which is controlled by many laws including, the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002). The law gives you certain implied, or automatic, statutory rights, under this contract.

You can read more detail at:
http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=adv0043-1011.txt

SharonBugs

This question has been bugging me for weeks now!

My question is, can a shop/ company advertise something on sales price but yet do not have the stocks to sale?

I want to buy my kid a Yamaha keyboard, and the cheapest advertised is Toy r us, both in shop and online. But only online is stating "no stock". Hubby went to toys r us 3 times over the past 4 weeks, the shop floor is still maintaining "no idea when stocks is arriving" and cannot confirm if when the stocks do arrive, if the sales price is still valid. Apparently they have run out of stock since Xmas.

Can they do this? Can they continue to advertise it even tho they have no stocks to sell?

Kind Regards,
SharonBugs:o