Sale of Goods Act. Exact wording advice

Dodger61

Hi Guys,
I am about to take Comet to court under the sale of goods act as amended 1979. Can anyone give me any advice as to exactly what to put in the court papers. My TV has broken down after 17 months and I want to claim it should of lasted a lot longer under the above act.
Do I need the exact wording of the SOGA for the court papers?
Many thanks

Barneysmom

Sorry I don't know the answer to your problem but I'm suprised Comet have let it go this far, how did the telly break?

hollydays

..it's faulty..?

Dodger61

Yes, it cost £995 and the screen has blown. I had an engineer round who said it would cost £450 + £45 ( labour ) to repair. I have had the TV for 17 months and would expect it to last longer than this. Comet have refused point blank to repair /replace it ( really want repair ) I have sent a Letter before Action giving them 14 days ( I know 7 is the legal minimum ) but have not heard from them, so its off to court we go! I am aware of the SOGA ie. Was it faulty when you bought it etc, etc. but the amended SOGA 1979 states a product should be fit for the purpose over a reasonable period of time. I do not think a £995 TV should need a complete screen replaced in a 17 month period.
So I was wondering if anyone knew the wording to pop on the court papers, cant seem to find the exact paragraph from the SOGA.
Thanks Guys.

hollydays

I could be wrong,but I think the term fit for purpose is often misinterpreted.Surely it is just "faulty".I don't think something not working means it's not fit for purpose,primarily,obviously when you bought it it was fit for purpose, as its a tv and you could view it,now its just a tv thats faulty.

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

Perhaps you are thinking more about the tv not being of "satisfactory quality"?

Dodger61

Mmmm. I think if you bought a TV with the sole purpose of watching TV programmes and you cannot, then it it was not fit for the purpose. However what ever the interuptation of the wording, I am determined to go through with this, probably the point blank refusal of Comet to consider helping that is driving me on. I maybe right, I maybe wrong but I will let the court decide that, not comet.
appreciate your quick reply.

Dodger61

Thanks Hollydays.

Halloway

OP, if you want legal advice then go to a solicitor. If, on the other hand, you want the ill-informed ramblings of a bunch of random webmongs then you've come to the right place. :-)

Before leaping into legal action did you try Trading Standards/Consumer Direct? Comet's actions are clearly in breach of SOGA and TS can be very effective in showing retailers the errors of their ways.

My other advice to you (bearing in mind that I am one of those ill-informed webmongs mentioned earlier) is to write out your case simply and clearly, without malice or embellishment. You are not a lawyer so don't try and write like one.

I'd also be interested to hear the outcome of this case. I think (from limited experience of consumer law) you have a reasonably good case to get Comet to pay for the majority (but probably not all) of the repair cost or provide you with a replacement or refund, as set out in the SOGA.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

hollydays

Halloway wrote: »

OP, if you want legal advice then go to a solicitor. If, on the other hand, you want the ill-informed ramblings of a bunch of random webmongs then you've come to the right place. :-)

Before leaping into legal action did you try Trading Standards/Consumer Direct? Comet's actions are clearly in breach of SOGA and TS can be very effective in showing retailers the errors of their ways.

My other advice to you (bearing in mind that I am one of those ill-informed webmongs mentioned earlier) is to write out your case simply and clearly, without malice or embellishment. You are not a lawyer so don't try and write like one.

I'd also be interested to hear the outcome of this case. I think (from limited experience of consumer law) you have a reasonably good case to get Comet to pay for the majority (but probably not all) of the repair cost or provide you with a replacement or refund, as set out in the SOGA.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

"Without malice or embellishment"

Oh,the irony...:rotfl:

Go to a solicitor? This IS a Money SAVING site,think the OP is bright enough to do that when necessary.

Hoof_Hearted

If you are going down the small claims route, I don't think quoting legal precedent is necessary. Just quote the facts and produce the evidence of when it was bought, repair estimate and that you have given them a chance to rectify the fault, and then make a calm, factual unemotional case. The odds are that it won't be defended. I have done this myself on line with a successful outcome.

Halloway

hollydays wrote: »

"Without malice or embellishment"

Oh,the irony...:rotfl:

Go to a solicitor? This IS a Money SAVING site,think the OP is bright enough to do that when necessary.

Why is it ironic?