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Laptop from Comet inherent fault?

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How do I stand with the following?
My ex bought a Toshiba laptop from Comet 15 months ago - after about 5 weeks from buying it we took it back to Comet as it was dead (nothing at all happenned when powering it on) - they sent it off for repair - apparently it was a mainboard fault. The computer was returned working but after another short period the same thing happened, computer was dead when powering up (mainboard problem again). Computer was again returned to Comet and picked up after repair, the computer working again. The ex used it for a couple of hours to download some aol software but then put it away and used another laptop as her main machine. The other day she took out the Toshiba and found that it was again dead when trying to power up. The computer was guaranteed for 12 months but it has not been 12 months since the last repair of the motherboard (the recuring problem it seems). She tells me she has used the computer for approximately 6 hours in total from new!! How do we stand, considering the warranty from new has now lapsed by 3 months? I feel myself that this computer has an inherent fault and she should be offered a replacement of equivalent value (£450), or at the very least another repair. I will be taking it back at the weekend (with attitude!)

John

Comments

  • Esqui
    Esqui Posts: 3,414 Forumite
    I'd go back without the attitude. It might help your cause some to not make an !!! of yourself :)
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • jonboysez
    jonboysez Posts: 70 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Oh so you think I should be humble?
  • djb215
    djb215 Posts: 412 Forumite
    You should be firm with them but always polite.
    Effing and jeffing and shouting will probably get you removed by their security guard!

    I had a problem with my laptop that I bought from Comet at the 15 month stage (the hinges were cracking apart through natural use), so I wrote a firm but polite letter to their H/O about the fault and reminded them about their responsibility under the Sale of Goods Act - about 2 weeks after they received the letter I got a call from a senior customer service agent to arrange a repair :T

    I can tell you through my years in working in retail that if you are unhelpful towards the person dealing with you (i.e. I once had a lady shouting "I KNOW MY RIGHTS!! THIS PLACE IS SH1T3!!", our retail park security removed her :rotfl:) they will be set on NOT helping you quickly.

    As I said, firm but polite.
    [DISCLAIMER: Any posts made by myself are my opinions and do not represent my employer]

    God put me on Earth to acomplish a certain number of things.
    Right now I am so far behind I will probably never be allowed to die!
  • jonboysez
    jonboysez Posts: 70 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Actually when I said with "attitude" I didn't mean effing and blinding - I meant if they say no, I don't intend to just say ok and meekly walk away - I meant I would remind them of their obligations under the Sale of Goods Act, and if that still didn't hold any ground, then advise I will be writing to their MD. I honestly don't think we should be palmed off - £450 and the thing has never worked as it should - and surely if the mainboard keeps blowing, that IS an inherent fault?
  • djb215
    djb215 Posts: 412 Forumite
    I would suggest then that you try the store and see what they say, but if they are difficult to budge then i'd just write to H/O.

    Comet can be brilliant and rubbish at the same time, I know my local branch is mostly full of salespeople rather than customer service/aftersales people, but other branches are much better.
    [DISCLAIMER: Any posts made by myself are my opinions and do not represent my employer]

    God put me on Earth to acomplish a certain number of things.
    Right now I am so far behind I will probably never be allowed to die!
  • Giulliana
    Giulliana Posts: 101 Forumite
    edited 18 August 2009 at 10:02AM
    The lesson learned here is never accept a repair, insist upon a replacement, take a look at the sale of electrical goods act, I remember a 'heated' discussion regarding a dead radio/cassette in Dixon's years ago; I walked out with a replacement, not the mealy mouthed 'repair'

    The reason they try to get you to accept a repair is because a replacement affects their sales targets.

    Oh yes - and always attend to this sort of thing just before closing time, if they threaten to call police, calmly thank them for providing you with impeccable witnesses.
  • Esqui
    Esqui Posts: 3,414 Forumite
    Remember that those in stores may not be able to help outside the manufacturer's warranty. They're not engineers, nor do they have the authority to decide to repair/replace it. If they can't help (and to be fair, 80% will probably be completely unaware that you can get it repaired free), follow the advice of post #4
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • forget the warranty...that is an extra benefit and not a replacement for your rights under the sale of goods act. The item is clearly faulty by the fact is has been repaired twice within the first 6 months and as you say hasn't lasted beyond 12 months since the last repair date (can you prove this?).
    i would go back and be firm on wanting nothing but a replacement this time.
    When a jar contains rocks, pebbles and sand is it truly full? What about beer?
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