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Card purchase refund--help!

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Please can anyone advise me about a credit card refund problem i'm having????

I bought a laptop from Comet last September, and it developed a fault in April. I took it back to them and they advised me to return it to the manufacturer- which I did. I've only had it back a week and the same fault has returned- (the screen flickers bright white).

Obviously i'm not happy about this, so looked into the Section 75 refund possibility, as I bought it on a Capital One credit card. I approached Comet again, and they have only offered a repair. When I mentioned my credit card rights, they said I should contact the card company.

I have contacted Capital One, and they have suggested that the refund may only apply in the first 100 days of purchase. (I haven't been able to confirm this, the insurance phone number they gave me is only Monday to Friday)

Basically, where do I stand?? Do Comet legally have to refund me, or are they just being awkward (as they usually can be). Do Sec 75 rights apply 100 days after purchase??? And are Capital One being awkward too??

I wasn't totally sure of my legal rights, so didnt push Comet any further...

Any help appreciated!!!!!

Thanks

Comments

  • k.bulbul
    k.bulbul Posts: 2 Newbie
    edited 30 May 2009 at 5:52PM
    Comet were incorrect to advise you to return to the manufacturer. You bought the item from comet and it's comet's resposibility to repair it. Comet is under no legal obligations, only a moral obligation to refund the amount.

    Just be glad you didn't buy anything from PCworld/Currys.

    A 32" Samsung LCD telly went faulty a month before the warranty expired and it took them 4 months to actually get their fingers out and repair it, currys even kept on fobbing me off to manufacturers, even when I educated the morons in the laws governing them, they simply told me, "we don't know anything about that". I put it down to bad customer service at the particular store but now purchased a £1000 HP laptop from PCworld (same company, just a different name!) Went faulty after a month, they took it in to repair, got it back 28 days after I sent it in and to add insult to inury, it wasn't even repaired properly! That and the fact they lost my stylus as well and when asked denied I ever brought it in! I sent it back a second time and well, still haven't heard from them yet, it's been in for repair for longer than I've owned the bleeding thing!
    If I don't get it back on monday, I am invoking the repair procedure length, so theyw ill have to refund me!

    Comet for me have been brilliant! Any problems, they would always help me out with a smile! So I advise to take it to another store and see what they say :)
  • Jemma-T
    Jemma-T Posts: 1,546 Forumite
    What's the fault, what do you want and would you be willing to go to a court to get it?
  • aps33
    aps33 Posts: 8 Forumite
    The screen scrolls white, making it unuseable. I want a replacement as to me its defective and will only get worse. However, I don't think I would take it to the extreme of court for a £275 laptop...
  • withnell
    withnell Posts: 1,629 Forumite
    Don't think it needs to go to court just yet - ask to speak to the manager, explain what's gone on and they could well give you a store credit refund or not cash.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    your legal contract is with comet ..
    only if you fail to get them to deal with the matter can you then ask the CC company

    ask comet again
    contact trading standard
  • Jemma-T
    Jemma-T Posts: 1,546 Forumite
    Pop into your local Comet, take all receipts with you and ask for some service. Be nice and take a note of who you speak with.

    If they offer you the manufacturer's repair option I'd be happy with that.

    A laptop is quite a personal item so I don't -on this occasion- see a problem with you contacting direct the manufacturer yourself. Be very specific what the problem is and when it's uplifted sticky tape a bit of paper to the machine explaining CLEARLY what the fault is and a photo of the fault if possible. And also the info (repair number etc) from the last report. Also include a contactable phone number.
  • ILW
    ILW Posts: 18,333 Forumite
    My experience of the Comet in Croydon is, if you go in, demand to see the manager and make a lot of noise they will give you a refund or exchange for new. Worked for me on a 9 month old TV. May be worth taking some sandwiches and letting them know you are not leaving until it is resolved or they call the police to throw you out.
  • soul619
    soul619 Posts: 562 Forumite
    they usually tell you to go direct to the manufacturer as its quicker but they can refuse a refund even for faulty goods after the first 28 days but they do have to send it to be repaired. only if the product cant be repaired an the fault is covered by the warranty will they then issue a replacement but they will try every angle to say the fault isnt covered by the warranty
  • aps33
    aps33 Posts: 8 Forumite
    Thanks for the advice everyone, I will give Comet another try.

    But, does anyone know anything about Section 75 refunds? I'm just uncertain about how long it is applicable for- is it just 100 days???
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