Faulty laptop bought from Comet...what do I do next?

janetboon

Hi all I hope someone can help me with this one as I'm ready to tear my hair out!!!

I bought a Toshiba Satellite L300 laptop from Comet for my daughter in Nov 2008 (it was a Xmas pressie) In Sept 2009 the laptop developed a fault where it refused to power up...all we got was a black screen! We ran the recovery disc as per Toshiba technical advice but this didn't rectify the problem. Returned to the Comet store where I bought the laptop and they advised that I would be quicker sending laptop to Toshiba myself for repair than getting them to send it. I did this and laptop was returned withing 1 week with a new HD. Early Dec 2009 laptop developed same fault...once again we sent it back to Toshiba who repaired it....new HD again! and it was returned to me on January 7th 2010...January 9th 2010....you guessed it...same fault again!!! Got onto Comet again and they told us to take it to our local store...which is 55 miles away!! where they would pass it on to the escalation team! Took the laptop to store as requested and passed on the information that was given to us by Comet Customer Service. Manageress in store refused to pass it on to escalation team...she said "that's not the way things are done!!" and promptly returned laptop to Toshiba once again!! Laptop was returned to me on February 5th 2010 with yet another HD...it's 4th since new!!! May 5th...yes you guessed it...same fault AGAIN!!! I've just come off the phone with Comet for the 3rd time in 3 days and have basically been told they'll send it back to Toshiba for another repair! I've tried quoting Sale of Goods Act stating that I feel the laptop is not fit for purpose and that I feel I've given them ample opportunities to repair the item and I'm now looking for a replacement! I've basically been told that as it worked for 10 months it was fit for purpose and they WILL NOT replace it...even if it means it gets repaired every other month!!! HELP...what do I do next? What actually are my rights in this situation?

Thanks in advance
Janet

neilmcl

Under the Sale of Goods Act one of the main principles regarding the remedy offered by the retailer is that is must no be of "significant inconvenience" to the customer. I think it is obvious from what you've stated that this has now become such an inconvenience and you should be using this to get either a replacement or refund from Comet. Bear in mind any refund will be proportionate to the time you've already had use from the laptop.

rainy12345

Hi Janet,
I can't offer any advice but I just wanted to let you know that we have had a similar problem with the exact same Laptop. My son won his Toshiba L300 in October 2008 and received it in November 2008 (the same time as you purchased yours). It worked great for the next six months but then the charging unit inside appeared to be slightly loose (I'm sorry i dont know the technical terms of the parts!) and when the charger was plugged into the unit it would 'wobble' around a lot. Then after a few more months the unit became very loose and was not charging fully and refused to hold it's charge.
Due to a family problem we didn't manage to contact Argos until two months before the years warranty ran out and by this time the charging unit was so loose that a connection could not be made with the charger. Throught this time the laptop would show that it was fully charged but as soon as the charger was removed the power would go immediately. Argos did have the laptop repaired and a new charging unit was installed which is now lovely and stable however it still does not charge up fully and the power goes very quickly when the charger is removed. Because this is my sons laptop and does not leave the house we have it charging all the time and have not bothered to have it looked at again. (I also feel a bit cheeky asking for another repair as we didn't pay anything for this laptop in the first place).
It seems to me that there may possibly an issue with powering unit in this brand amd model type.
I'm so sorry that I can not offer any practicle advice but I just thought that you should know that you are not the only person that has had problems with this laptop and the powering unit and you can tell Comet this.
I wish you all the luck in obtaining a refund or exchange x

Mankysteve

When they send it off attach a post it note to the keyboard to make it clear to the techs at tos that it properly need a new mother board as it keeps eating hd.

Not sure where you stand legally wise as i don't think soga specifies the number of time something is able to break before replacing,

janetboon

Just off the phone with Comet Investigations Dept who are telling me that I will have to PAY for any repair!! Surely as the original fault was within the warranty time and this is basically the same fault ongoing, they can't expect me to pay for the repair?? Is the SOGA actually worth the paper it's written on here??

wealdroam

janetboon wrote: »

Is the SOGA actually worth the paper it's written on here??

It certainly is Janet.

You need to write to them. Tell them what you want to happen, and give them say 14 days to do it. Tell them you will take legal action if they haven't solved it after 14 days.
This is a letter before action, google it for samples.
Send it recorded delivery.

Then read this while waiting.

janetboon

wealdroam wrote: »

It certainly is Janet.

You need to write to them. Tell them what you want to happen, and give them say 14 days to do it. Tell them you will take legal action if they haven't solved it after 14 days.
This is a letter before action, google it for samples.
Send it recorded delivery.

Do you think I have the right to ask for a replacement as this would be the 4th repair in 7 months? I'm not all that clear on what I can push for here!

neilmcl

As I stated in post #2 you'd be more than entitled to a replacement due to the significant inconvenience factor. Have you actually mentioned this to Comet as suggested?

janetboon

neilmcl wrote: »

As I stated in post #2 you'd be more than entitled to a replacement due to the significant inconvenience factor. Have you actually mentioned this to Comet as suggested?

Comet are not interested in anything I have to say at the moment!! They simply say it is outwith the warranty and they have no obligation to do anything!! They are going to phone me tomorrow once they've spoken to Toshiba (passing the buck once again!!) I'm thinking of calling in to local CAB and see what they say on the matter. Apparently laptop being repaired 3 times and being away for 4 weeks on 2 of these occasions is not an inconvenience!!!! (according to Comet!!)

Weirdlittleman

Make sure you understand the SOGA.
At this stage Comet are actually right as you have not proven any breach of the SOGA hence they have no obligation to do anything.

janetboon

Weirdlittleman wrote: »

Make sure you understand the SOGA.
At this stage Comet are actually right as you have not proven any breach of the SOGA hence they have no obligation to do anything.

In what way do you mean proven?