Comet and Sales of Goods Act

iainalex

Hi,need some help please.
Bought a tv from comet 14 months ago, just gone wrong sound ok, white picture.
So took it back to branch, they said guaranntee out of date, cannot refund or repair(which i believe to be right) but could repair it, but wanted to charge me a fee, but did offer a discount on that! so i refused that.
I am wondering what the next step to do please.
Thanks

Meepster

iainalex wrote: »

cannot refund or repair(which i believe to be right) but could repair it

Cannot refund or repair, but can repair? Would you mind clarifying what they said?

Delta-NC

I'd try telling them that from what you understand, EU directive 1999/44/EC should entitle you to a warranty period of AT LEAST two years from date of purchase for a new consumer device.

http://www.wak-tt.com/tt/2yearwarranty1.htm

You may also wish to remind them, should they try, that they are responsible for dealing with any issues. So they can't shove you off to the manufacturer against your will.

Was this TV a good quality TV? The kind you would place in a living room? How much did you pay for it? In reality a product must last a reasonable amount of time before the manufacturer can wash their hands of it. If your TV was a full size branded TV and it has died in only 14 months you could make the case that the TV has not lasted a reasonable amount of time.

iainalex

Sorry, meant to write cannot refund or replace, but can repair, or at least look at it for a fee! which seems totally unfair.
The staff are stuck in a mantra, `out of date guaranntee, nothing we can do etc`.
Do I write to Head Office next, as they seem to be ignoring Sale of Goods Act?
Thanks again

iainalex

Not a good quality, a cello, cost £99.99, but still any tv should last more than 14 months! Use is for a reception room not main tv.
Sorry for all entries, am new , must read all comments first before replying!

nikki1520

I think the best line to go down is that it wasn't of "reasonable quality" under the sale of goods act. Assuming you paid a decent amount of money for it, and it's not a "no-name" branded item, then you should be able to arguethat it;s reasonable to expect it to last for more than 14 months

djb215

I'd write straight to Comet head office.

I had a problem with my laptop recently, purchased from Comet approximately 14 months ago too, with the dreaded hinge crack problem - didn't even go to the store where I bought it just wrote to HO.

I wrote to HO and included a picture in my letter of the problem with a little SOGA spiel, then approx 2 weeks later I got a phonecall from a senior customer advisor at their CS Call Centre who said they would send an engineer round, who appeared within 2 days, looked at it for a while, tightened the hinges and ordered a new lid cover, came back to fit it the next week! Very happy :T

Bear in mind though my laptop cost £329.99, whereas your item only cost £99.99...

Just write to HO and see what they say.


And before anyone else suggests it...

PLEASE IGNORE THE EU 2 YEAR GUARANTEE DIRECTIVE!
The UK is covered by the Sale of Goods Act for upto 6 years (Scotland 5 years) depending on a "reasonable amount of time".
The EU directive works in the same way as the SOGA but only provides 2 years cover. Within the 2 years of this directive, as per SOGA after the first 6 months the onus is on the consumer to prove there is a fault - a common misconception is that the 2 year directive means that it is a guarantee to repair or replace or refund automatically - it doesn't.


Hope this helps

4743hudsonj

djb215 wrote: »

I'd write straight to Comet head office.

I had a problem with my laptop recently, purchased from Comet approximately 14 months ago too, with the dreaded hinge crack problem - didn't even go to the store where I bought it just wrote to HO.

I wrote to HO and included a picture in my letter of the problem with a little SOGA spiel, then approx 2 weeks later I got a phonecall from a senior customer advisor at their CS Call Centre who said they would send an engineer round, who appeared within 2 days, looked at it for a while, tightened the hinges and ordered a new lid cover, came back to fit it the next week! Very happy :T

Bear in mind though my laptop cost £329.99, whereas your item only cost £99.99...

Just write to HO and see what they say.


And before anyone else suggests it...

PLEASE IGNORE THE EU 2 YEAR GUARANTEE DIRECTIVE!
The UK is covered by the Sale of Goods Act for upto 6 years (Scotland 5 years) depending on a "reasonable amount of time".
The EU directive works in the same way as the SOGA but only provides 2 years cover. Within the 2 years of this directive, as per SOGA after the first 6 months the onus is on the consumer to prove there is a fault - a common misconception is that the 2 year directive means that it is a guarantee to repair or replace or refund automatically - it doesn't.


Hope this helps

yes, do please ignore Delta-NC and any other noob who still give people bad advice telling them to use the directive.

Antispam

The EU directive doesn't give you any more rights than the sale of goods act, on other worse the SOGA gives better protection

Some of the EU directive gives false hope that it gives you 2 years guarantee it does not. I have had official clarifcation with regards to it

The Directive lays down a presumption that goods which show a lack of conformity within 6 months of purchase were defective at the time of purchase. After 6 months you have to demonstrate that the goods were defective when you purchased them.

The SOGA gives up to 6 years but you have to demonstrate the goods were defective when purchased after 6 months

Delta-NC wrote: »

I'd try telling them that from what you understand, EU directive 1999/44/EC should entitle you to a warranty period of AT LEAST two years from date of purchase for a new consumer device.

http://www.wak-tt.com/tt/2yearwarranty1.htm

You may also wish to remind them, should they try, that they are responsible for dealing with any issues. So they can't shove you off to the manufacturer against your will.

Was this TV a good quality TV? The kind you would place in a living room? How much did you pay for it? In reality a product must last a reasonable amount of time before the manufacturer can wash their hands of it. If your TV was a full size branded TV and it has died in only 14 months you could make the case that the TV has not lasted a reasonable amount of time.

ABH_3

You will need to write to the following address:

Comet Group PLC
Criterion House
George Street
Hull
HU1 3AU

You could use one of the sample letters here:
http://www.which.co.uk/advice/understanding-the-sale-of-goods-act/sample-letters/index.jsp be sure to include in the letter that you wish to have the tv repaired at NO cost to yourself, that it has been used within the manufacturers specification ie: you've not been resting your cups of tea on it or using it as a cheaper Microsoft Surface varient around about 7 days later you'll get a letter back detailing that they will consider their options after inspection 'as a gesture of goodwill'.

The letter will mention how they will agree to a repair at a rate of 30-40% discount on parts and at £45 per hour and when you question this they'll possibly tell you about their 'sliding scale' which dictates that anyone in Comet who uses this thing is incapable of free thought or, adhering to the Sales Of Goods Act. Infact they have NO liabilities at all, as they merely sold the item, they didn't say they would maintain it, it is afterall YOUR FAULT! For not taking our one of their fine warranties! As if YOU cared for the product you purchased, you would have ensured you paid up!

If however you do not agree with any of this, you are free to sue them for damages in the small claims court. Oh yes and it's a good idea to report them to Consumer Direct\Trading Standards in your own Town\City too.

HTH

Antispam

You need to get the tv checked by a independent repair person as after 6 months for SOGA but usually after 12 months as it normally comes with a guarantee its up to you to prove the tv has an inherent fault


I am going through this now with a freezer and Currys in fact the guy is coming around any time now to verify that the goods have an inherent fault

Thats why I know about the EU directive as I contacted my euro mp and they gave me the address above who then replied

Consumer direct will tell you the same thing as I have done

Once its proven then you write to Comet saying you reject the goods, its not unreasonable to expect a repair