Comet - Defective Washer Dryer - sale of goods act 1979

PaulMc1975

Hello, I am looking for some advice please.

Bought a washer dryer through Comet's website on Sept 07. Within a few months it leaked and this was repaired by Comet. After it leaked again i complained and i got a replacement on April 08.

In Aug 08, the replacement broke down and this was repaired by Comet however they refused to repair this again during Nov 08 when it broke down again.

I had to pay for the repair and replacement pump. The machine has now broken again and i complained to Comet today and they will not look at replacing the machine unless i pay for an engineer to look at this. They also mentioned i would have to pay any labour costs.

I refused and told them i will get the manufactuer to repair this as i have a parts guarantee but this will incur a £150 call out charge.

Can i force Comet to refund the repairs i have paid since their 1 year guarantee lapsed ? I would like to get rid of the machine if possible but i know i have had the replacement for over a year.

I did look into the sale of goods act 1979 and wondered if i am protected becasue i have had to get 2 repairs to the replacement also. I believe neither machine has been fit for purpose. In total, i had 2 machines, 4 repairs in just over 2 years.

Paul

Esqui

Yes, you will have to pay for an engineer to look at it and produce a report if you want to claim remedy under the Sale of Goods act. However, if this is found in your favour, you will get this cost refunded (and they will have to at least repair it - including labour costs).

You can't force them to refund your repair costs, if you have not given them the opportunity to repair under SOGA

PaulMc1975

Thanks for the reply.

They told me i would have to pay the call out and labour. No mention of any refund and this was after i mnetioned the SOGA.

I want to get it repaired by the manufactuer and get a reciept of all work carried out. Once this is done, thats when i want to go back to Comet and ask for a refund.

Are you saying i really need to get the work carried out by Comet only ?

Esqui

You must allow Comet to offer a remedy. If they choose to repair, they'll use their own repairers (which may well end up being the manufacturer anyway).

And they should cover the cost of the repair - labour and parts, if it's repaired under SOGA.

scullster

Your contract is with Comet, not with the manufacturer - it is entirely up to Comet as to who they choose to perform the repairs (providing they are competent).

Regarding the previous repairs you paid for - technically, you should've argued the case with Comet that under SOGA, the machine had not fulfilled its intended purpose for a reasonable period of time. You should've pursued this, if necessary, through the courts and you'd have almost certainly won. You could try to pursue them for the costs now, but the courts may decide that you did not give Comet sufficient chance to correct the problems (plus I don't know if there is a timeout period). That being said, if you end up going to court now, you could try and add the previous repair costs on too.

PaulMc1975

Ok, Cheers .

I'll go back to Comet tomorrow and tell them i will let them repair but i am sceptical about them agreeing to this for free.

I was told i would have to pay a call out charge plus labour costs and parts.

I'll ask if i pay the call out charge will i get this refunded plus a free repair if its proven to be faulty and let you know the reply .

I am only considering going to the manufacturer because i get free parts plus i will get an independant assessment about the faulty machine. Totally understand the contract is between Comet and myself

Paul.

scullster

PaulMc1975 wrote: »

Ok, Cheers .

I'll go back to Comet tomorrow and tell them i will let them repair but i am sceptical about them agreeing to this for free.

I was told i would have to pay a call out charge plus labour costs and parts.

I'll ask if i pay the call out charge will i get this refunded plus a free repair if its proven to be faulty and let you know the reply .

Paul.

I doubt you will get anywhere with the store - if you part with your cash, you may never get it back, certainly don't assume you will get it back!. You need to read up on your rights under SOGA and go in and firmly (but politely) demand they rectify at no cost to you under SOGA - they'll fob you off that it is out of guarantee blah blah. You'll then need to write recorded delivery to Head Office.

As the machine is more than 6mths old, it is up to you to prove the fault was inherent - that is what Esqui is talking about; an independent engineers report confirming the condition of the unit, how hold it is, how long it is expected to last, that the failed item is not a serviceable consumable and the diagnosis (oh and a brief para outlining his "qualification" to act as independent engineer). Write to Comet first though before seeking the report, they may rectify without the engineers report. Search on this website or for some of the threads I've responded on under SOGA.

PaulMc1975

Ok.

I'll go with my orginal plan and get the manufacturer to repair and provide a report on faults.

I'll then approach comet. I did not want to pay them any money in the first place.

I bought it online and phoned today to get it fixed. Been fobbed off but lodged a complaint. In the meantime i need a working machine so i need to ask the manufacturer to repair and evidence the faults.

Appreciate the advice

PaulMc1975

Talked to Trading Standards today and they told me i must give Comet the opportunity to repair the machine. They explained i am protected under SOGA and Comet should not charge me at all. They asked me to contact Comet and explain the replacement machine was "not of satisfactory quality" under SOGA and request this be repaired free of charge.

Contact Comet again and they refuse to repair machine free of charge. They explain it policy to request a call out fee and i would be liable for labour and partial parts costs.

I then go back to Trading Standards and tell them Comets reply and they tell me to write a letter allowing them the opportunity to change this decision. They state i should give them until 5th Jan 2010 to reply and then i can take this to court.

Problem is, i cant wait 3 weeks without a machine so i have aranged for Candy to look at this at a charge of £110.

Trading Standards confirmed if Candy look at it i will have broken my contract with Comet and cannot seek any refund. Think this is a bit rich since they are refusing to repair unless i pay !

Anyway, just have to put this down to experience and never buy a thing from Comet again.

I'll still complain but not holding my breath with this mob.

Thanks for your help

scullster

I concur with Trading Standards and so would many of the posters.

Why not buy a second hand machine in the interim - it would be probably cheaper than the repair cost, and you could then punt it on once you've won your case with Comet? Its a great story for when they ask "why are you selling the machine!"

PaulMc1975

Like your thinking and it would be some story;), but i think i'll just take the hit and not shop with them again.

Appreciate the help but too much hassle getting a 2nd hand machine then selling it later on.

Paul.