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successfully sued comet for compensation
mobility19
Posts: 4 Newbie
in early december 2009 i purchased a whirpool awod 6727 washing machine from comet for £319 for a new home i purchased. I installed the machine on the 14th of december and realized within a few days that it was horribly noisy and vibrated excessively to the point where it would 'walk' it self out of the cupboard.
i retuned to the store on the 27th of december to request an exchange ( i would have gone early but no exchanges or refunds were being done during the xmas period). the manager refused to exchange and said i need to have an engineer look at the machine first.
the appointment was scheduled for the 16th of january, but the engineer arrived on the 6th when i was at work. the appointment was rescheduled and the earliest avail appointment was the 23rd of Jan.
on the 23rr, the engineer attended, adjusted the feet but agreed the machine was too noisy and excessively vibrated however he could not see any parts in need of replacing. he agreed the machine, being brand new, should not be like that. he could not provide me with a voucher to exchange because of the amount of time it took to have the engineer attend which. of course, was not my fault
we both called head office -- the representative spoke to myself and the engineer but still said 'nothing they can do'. we called the store and left a message for the manager to call back which never happened. i sent a letter to the shop quoting the 'sale of goods act' and asking for a call back within 7 days which was never acknowledged.
i then sent a letter directly to head office quoting the sale of goods act which was finally acknowledged. i spoke to several representatives who also said 'nothing we can do'.
on the 12th of feb, i warned of legal action should they refuse to do anything to which they offered to send another engineer. i refused and stated the last engineer already acknowledged the problem -- i want the machine replaced and not inspected again. they refused.
i then sent a final warning letter of legal action to which they confirmed they will only send an engineer and not replace.
i filed a calim through small claims (money claims online) for £500 plus court costs and replacement of the machine. i estmated, i would spend £4 x 4 per week for 26 weeks for laundry services and £150 for a day off work to attend and the rest for compensation. the court date was set for mon may 10 2010
on fri may 7, a rep from comet called me to 'settle' out of court and offered a replacement machine and a £25 voucher to comet which i refused. was not interested in a voucher to come back to their shop and suggested they compensate me £300 and replace the machine. an offer of £150 and replacement machine was given to me but i still refused and said 'ill see you in court'
on the court date, i was offered £200 and replacement to which i refused!! a second court date was now to be arranged.
3 days later, i received a phone call from comet offering the full £300 and replacement machine to which i accepted.
after 6 months of trouble, i finally have a new machine and a healthy £300 compensation check.
i would advise to not give up and to use legislations and the courts to get what you deserve when it comes to big companies. dont be afraid to complain and take it as far as neccesary.
i retuned to the store on the 27th of december to request an exchange ( i would have gone early but no exchanges or refunds were being done during the xmas period). the manager refused to exchange and said i need to have an engineer look at the machine first.
the appointment was scheduled for the 16th of january, but the engineer arrived on the 6th when i was at work. the appointment was rescheduled and the earliest avail appointment was the 23rd of Jan.
on the 23rr, the engineer attended, adjusted the feet but agreed the machine was too noisy and excessively vibrated however he could not see any parts in need of replacing. he agreed the machine, being brand new, should not be like that. he could not provide me with a voucher to exchange because of the amount of time it took to have the engineer attend which. of course, was not my fault
we both called head office -- the representative spoke to myself and the engineer but still said 'nothing they can do'. we called the store and left a message for the manager to call back which never happened. i sent a letter to the shop quoting the 'sale of goods act' and asking for a call back within 7 days which was never acknowledged.
i then sent a letter directly to head office quoting the sale of goods act which was finally acknowledged. i spoke to several representatives who also said 'nothing we can do'.
on the 12th of feb, i warned of legal action should they refuse to do anything to which they offered to send another engineer. i refused and stated the last engineer already acknowledged the problem -- i want the machine replaced and not inspected again. they refused.
i then sent a final warning letter of legal action to which they confirmed they will only send an engineer and not replace.
i filed a calim through small claims (money claims online) for £500 plus court costs and replacement of the machine. i estmated, i would spend £4 x 4 per week for 26 weeks for laundry services and £150 for a day off work to attend and the rest for compensation. the court date was set for mon may 10 2010
on fri may 7, a rep from comet called me to 'settle' out of court and offered a replacement machine and a £25 voucher to comet which i refused. was not interested in a voucher to come back to their shop and suggested they compensate me £300 and replace the machine. an offer of £150 and replacement machine was given to me but i still refused and said 'ill see you in court'
on the court date, i was offered £200 and replacement to which i refused!! a second court date was now to be arranged.
3 days later, i received a phone call from comet offering the full £300 and replacement machine to which i accepted.
after 6 months of trouble, i finally have a new machine and a healthy £300 compensation check.
i would advise to not give up and to use legislations and the courts to get what you deserve when it comes to big companies. dont be afraid to complain and take it as far as neccesary.
0
Comments
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Well done!!0
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Yeah go get em :beer:
Always good to see a consumer actually get what they deserve!0 -
nice one, i too had to take currys to small claims after they messed me about over a laptop i purchased for over £1,000.
the manager was not amused, not sure why, no skin of his nose.
but result, i got an upgraded lappy.:D0 -
well done, it is always nice to read a success story, a lot of people would have given up or settled earlier:j:j0
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mobility19 wrote: »
i filed a calim through small claims (money claims online) for £500 plus court costs and replacement of the machine.
3 days later, i received a phone call from comet offering the full £300 and replacement machine to which i accepted.
So you missed out of £200?0 -
Well done, I can see why you were sucessful..
1) Comet clearly messed you about and the machine was faulty
2) Your OP was clear and factual, which im assuming your complaints letters and forms were too, complaints full of waffle and anecdotes dont help, and this must have helped in court!
Glad to see you stuck to your guns, can I ask though, why did you want a replacement? Personally i would have wanted my money back to spend on a different model (therefore avoiding the possibility of getting one with the same problem) and then buy from somewhere else, hopefully with better custoner services.0 -
Well done for persevering. A lot of people would have given up.0
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Well done and a good job showing shops they can't mess around the paying public. :T0
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Equaliser123 wrote: »Clearly. Read the post - issued through MCOL.
The OP also says it was settled out of court.0
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