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Sale of goods act, Comet.

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Hello all,

I am just off the phone to Comet to see if they could repair my screen problems i have with my t.v.
They started quoting me prices for an engineers visit, parts and labour etc as my 1yr insurance had run out.
I mentioned that i am not willing to pay for repairs an quoted the sale of goods act, they where not prepared to listen.
i was told that my tv is 3.5yrs old and that i should expect wear and tear.
I said that the problem started just after my inital insurance ran out 2.5yrs ago and when i reported it then to Comet, i was told that without insurance they could not help.
I told the person on the phone that the t.v. cost £1300 and meant to be future proof, i don't think complaining about the fault i have even after 3.5yrs(even though fault started 2.5yrs ago) is being unreasonable. I explained that i find it very difficult to watch t.v. as it is like watching it through a dirty glass window.
The call ended with him saying that unless i am willing to pay for repairs there is nothing he can do and no-matter who i speak to, they will say the same.

Are they right?

Any help would be great, as i spend more time looking at the problems on my screen, i cannot concentrate or enjoy anything that is on.

Thanks for listening,

Robert :(

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    wancandan wrote: »
    Are they right?
    It probably doesn't matter too much what they said two and a half years ago.

    It could probably be said that if you have done nothing about it in the last two and a half years, you could be seen to have accepted what was said to you.

    What have you done about it in the last two and a half years?
  • Zinger549
    Zinger549 Posts: 1,416 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I think after 3 years you'll have to just pay for the repairs.
    Come on you Irons
  • KeithP wrote: »
    It probably doesn't matter too much what they said two and a half years ago.

    It could probably be said that if you have done nothing about it in the last two and a half years, you could be seen to have accepted what was said to you.

    What have you done about it in the last two and a half years?

    I did accept what got said, i did not know about the sale of goods act untill a few days ago. years ago i was told to get insurance, wait a bit, then claim.
    1. thats fraud.
    2.could not afford insurance.

    "I think after 3 years you'll have to just pay for the repairs. "
    That's a new 42'hd screen, time and labour plus initial engineers visit, on asingle persons Giro?
    I thought the sale of goods act covers you for 5/6 yrs.

    I have seen ps3 go back to a store and being replaced after 3 years only because watchdog got involved, and the company involved are now listening to consumer complaints (so say watchdog)
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    wancandan wrote: »
    I did accept what got said, i did not know about the sale of goods act untill a few days ago. years ago i was told to get insurance, wait a bit, then claim.
    1. thats fraud.
    2.could not afford insurance.

    "I think after 3 years you'll have to just pay for the repairs. "
    That's a new 42'hd screen, time and labour plus initial engineers visit, on asingle persons Giro?
    I thought the sale of goods act covers you for 5/6 yrs.

    I have seen ps3 go back to a store and being replaced after 3 years only because watchdog got involved, and the company involved are now listening to consumer complaints (so say watchdog)

    The Sales of Goods Act covers you up to 6 years, but that is dependent on what is reasonable (based on the item, cost etc.).

    As it is over 6 months old, to tke this further you will have to obtain an engineers report proving that this is an inherent fault. If he confirms this, present the report to Comet who will then be able to repair/replace/partial refund. In addition to this they will also have to reiimburse you for the cost of the report.

    If they decide to offer a partial refund (likely due to the age of the TV it wouldnt be cost effective to repair or replace) they can take deductions for the length of time you have had it. I would expect a TV to last approx 4-5 years (debatable) so since you have had 3.5 years use, you would be entitled to 10-30% back.

    If they don't agree to do anything, you would have to go through small claims court, where the judge will decide whats fair.
  • jdturk
    jdturk Posts: 1,636 Forumite
    OlliesDad wrote: »
    The Sales of Goods Act covers you up to 6 years, but that is dependent on what is reasonable (based on the item, cost etc.).

    As it is over 6 months old, to tke this further you will have to obtain an engineers report proving that this is an inherent fault. If he confirms this, present the report to Comet who will then be able to repair/replace/partial refund. In addition to this they will also have to reiimburse you for the cost of the report.

    If they decide to offer a partial refund (likely due to the age of the TV it wouldnt be cost effective to repair or replace) they can take deductions for the length of time you have had it. I would expect a TV to last approx 4-5 years (debatable) so since you have had 3.5 years use, you would be entitled to 10-30% back.

    If they don't agree to do anything, you would have to go through small claims court, where the judge will decide whats fair.

    Can you just show me the link to where the company have to pay the report costs back, I didn't think they had to and if they did where's the limits on this?
    Always ask ACAS
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You would have to pay for the report initially, only if an inherent fault was found would you be able to claim this cost back.

    I think youre on a hiding to nothing I'm afraid.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Hope you get another job soon, OP, as I agree it would be unrealistic to expect to buy a 42" TV on a single person's benefit. I don't think that you are likely to have much luck with pursuing this - people have enough trouble trying to get refunds the day after purchase with Comet.
    I could dream to wide extremes, I could do or die: I could yawn and be withdrawn and watch the world go by.
    colinw wrote: »
    Yup you are officially Rock n Roll :D
  • thanks for all your comments.
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