Returning Sat Nav to Comet Question

neilmcl

ihatecaptcha wrote: »

That's only half the sentence. The full sentence reads:

"You, as the consumer, have the option of which solution you would like, however you must not require the trader to repair or replace the goods if this would be too costly, as compared to another remedy."

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

Convenient that, isn't it.

In fact lets have the full quote.

"If you are returning goods that are not of satisfactory quality or not as described and you return them within a reasonable period of time you may be entitled to ask for a full refund. If you have had some use from the goods or have had them for a while before you take them back you could ask for a repair or a replacement item. You, as the consumer, have the option of which solution you would like, however you must not require the trader to repair or replace the goods if this would be too costly, as compared to another remedy.

If a repair or replacement is not possible for the trader to provide, then you may be entitled to a reduction in the price of the goods to reflect the use up to that point or a refund. These remedies exist alongside the remedies available to you under the general law to terminate the contract for breach of condition and obtain a full refund.
Any remedy that is carried out by the trader must be carried to be within a reasonable time for the consumer and without causing significant inconvenience."

What this means is that the OP is not entitled to a full refund, however he should be entitled to a repair, replacement or partial refund (dependant on item usage) but it is up to the retailer to decide what is most cost effective for them. Thus by offering a repair and as long as it is carried out in a reasonable time and without causing significant convenience, Comet are indeed fulfilling their legal obligation.

ihatecaptcha

yorksrabbit wrote: »

Consumer Direct, for example, states:

The best practice is to take action and report the problem and ask for a refund as soon as you discover the fault.

This is only if the goods are faulty and you take them back "within a reasonable time", like within a week for the pair of everyday shoes or longer for the skis bought in a summer sale and not used immediately. It wouldn't apply in the OP's case because apparently the satnav worked satisfactorily for a while. That's my interpretation, could be mistaken.

The full paragraph from Consumer Direct reads:

"If goods are faulty and you wish to claim a full refund you must return the goods to the seller within a reasonable period of time, this time period is not set out by the law as it will vary depending on what has been purchased and the circumstances of the sale. For instance you may buy a pair of shoes and wear them the next day, and realise they are faulty and return them within a week for a refund. Equally it might be reasonable to buy a pair of skis in a summer sale and not use them until winter and return them for a refund the following season when the fault is discovered. The best practice is to take action and report the problem and ask for a refund as soon as you discover the fault."

ihatecaptcha

neilmcl wrote: »

Convenient that, isn't it.

In fact lets have the full quote.

Apologies, I must have posted just after you and said much the same. Sorry for the repetition.

BFG_2

Heres a bit from the para's above

These remedies exist alongside the remedies available to you under the general law to terminate the contract for breach of condition and obtain a full refund.

So, there you go...small claims for breach of contract, full refund, job sorted.

roddydogs

I think BFG should tell use how many time he/she hsa done this, and the shops involved, and what the results of the SCC were?

BFG_2

Been to small claims a few times...won every time

Also been to the banking ombudsman [not related to bank charges] - won

What have I learnt??

Ask nicely to start with - some businessses are really keen to sort problems out sensibly and fast -eg B&Q are brilliant, ALDI are good,

Here's the difficult bit to judge: Once you realise they are messing you about don't waste anymore time trying to convince them you're correct or to negotiate; simply send them a final notice before legal action letter and then file the papers online.

I speak as someone who tried to get car hire charges back from Easyjet.........8 letters and 5 months later, I got sent the same letter as they had first sent me !!! Court claim filed, std defence letter sent, didn't show in court, awarded full amt plus court fee, plus max travel plus £50 for work time off. Cheque arrived 6 days later.

CPW - pi55ing about over £130 - full amt once the N1 hit their doormat.



Is it a bit 'ridiculous', is it 'overkill' is it a 'sign of how American we've become that people rush to court at the least thing'??

I haven't a clue, and neither do I care; all I know is that it works for me - financially, peace of mind and less hassle-wise.

Mark_Hewitt

ihatecaptcha wrote: »

"If goods are faulty and you wish to claim a full refund you must return the goods to the seller within a reasonable period of time, this time period is not set out by the law as it will vary depending on what has been purchased and the circumstances of the sale. For instance you may buy a pair of shoes and wear them the next day, and realise they are faulty and return them within a week for a refund. Equally it might be reasonable to buy a pair of skis in a summer sale and not use them until winter and return them for a refund the following season when the fault is discovered. The best practice is to take action and report the problem and ask for a refund as soon as you discover the fault."

I'm quite often wary of buying Christmas presents too early. Often I'm ready to buy at this time of year (end of October) but then think.. What if it turns out to be faulty and I return it to the shop, will they object that I've had it for a full two months and not said anything.

Valli

Mark_Hewitt wrote: »

I'm quite often wary of buying Christmas presents too early. Often I'm ready to buy at this time of year (end of October) but then think.. What if it turns out to be faulty and I return it to the shop, will they object that I've had it for a full two months and not said anything.

For this very reason some (sensible IMHO) retailers offer a gift receipt.
Failing that you can always go in and state to the SA that it is to be a christmas gift and ask them what their policy is in the event that the item turns out to have been faulty. If what they say is acceptable to you (ie that they will refund/replace if faulty - you're on!)
If in doubt (or if met with blank stares) ask a manager.
I often ask if I can return DVDs in the event that the gift has been duplicated ...I have only very occasionally had to return them and I have not had a problem (WH Smith, HMV). Mind you these days I buy online through Quidco...;)

instaunt

yorksrabbit wrote: »

I'm surprised at Comet. I thought it had grown up.

Depends on the store. Any that still have managers from the old days or have promoted employees brought up under the old anti-customer way of working do not seem to be able to change their ways. "The customer is the enemy. We do not want customers, we just want the money."

smcaul

I could have written the below myself, but obviously different companies involved.

Too often companies get away with peoples money purely because people either dont have the know how or the time to chase things to a satisfactory conclusion.

I have only lost one out of about 8 SCC cases, but the one I lost was the 2nd one and I learnt from that!!!

I give the companies 2 chances to rectify the situation, the third letter they get is a letter before action then no more correspondence from me, just the SCC documents. Most don't even make it as far as court before they pay up.

Oh, and I am choosey about the companies I buy from, normally use the likes of John Lewis etc, as I don't go looking for problems, I try and avoid them, I also google any new company I am about to buy from to make sure there are no horror stories about them!!

BFG wrote: »

Been to small claims a few times...won every time

Also been to the banking ombudsman [not related to bank charges] - won

What have I learnt??

Ask nicely to start with - some businessses are really keen to sort problems out sensibly and fast -eg B&Q are brilliant, ALDI are good,

Here's the difficult bit to judge: Once you realise they are messing you about don't waste anymore time trying to convince them you're correct or to negotiate; simply send them a final notice before legal action letter and then file the papers online.

I speak as someone who tried to get car hire charges back from Easyjet.........8 letters and 5 months later, I got sent the same letter as they had first sent me !!! Court claim filed, std defence letter sent, didn't show in court, awarded full amt plus court fee, plus max travel plus £50 for work time off. Cheque arrived 6 days later.

CPW - pi55ing about over £130 - full amt once the N1 hit their doormat.



Is it a bit 'ridiculous', is it 'overkill' is it a 'sign of how American we've become that people rush to court at the least thing'??

I haven't a clue, and neither do I care; all I know is that it works for me - financially, peace of mind and less hassle-wise.