Comet Scandal

jeanv

Hi can anyone help me with this please. Bought new TV from Comet in January. It has and always has had an intermittent fault. They will not replace it despite many engineer call outs because they never see the fault. They are now saying it must go back to the workshop for them to see the fault. I have asked for a replacement TV or money back would be even better! Do not want it to go back to workshop, as have an autistic daughter and it will cause a big problem for me. They also did not offer a replacement whilst it's in there. TV is a Toshiba and cost £500. Do you think I am within my rights to turn this down? I bought it on my credit card and have also contacted credit card company, and CAB who have written them a letter. All of which have made no diference!!!:A

Freddie_Snowbits

sorry, no. They are offering a repair, this is compliant with SOGA

MT90

So you want them to refund you or replace it based on your word alone?

Esqui

What is the fault?

McKneff

They are within their rights to offer a repair.

Do you know anyone who would lend you a tv till yours is repaired. Presumably you dont have another tv in the house.
Do you have a computer which she could watch tv on. No problem is insurmountable of you try hard enough.

Where abouts are you in the country,

booter

Freddie_Snowbits wrote: »

sorry, no. They are offering a repair, this is compliant with SOGA

Sorry Freddie - a repair is not "compliant with SOGA". SOGA talks about rejection of the goods (refund) or damages (repair/replacement/part refund - depends on what's appropriate/what you can achieve!). SOGA also talks about durability.

OP - If it's a major fault and you can prove you made the store aware of the fault immediately after purchase (or shortly after) then I would say that you are entitled to a refund. If the fault is minor, then obviously, it may be considered fair to accept a repair. However, IMO what you have experienced is Comet's usual MO. Unfortunately, it is up to you to prove the fault - usually by means of an independant report. If Comet have it back to their workshop, they will repair (if they can find the fault) - they very rarely provide a report to you before fixing.

I would put the complaint in writing to Comet, explaining the fault and how often it happens. I would state that as this has been happening since purchase, then you reject the goods, and request a full refund of the purchase price, giving them a deadline to get back to you.

Keep a copy of the letter and send by recorded delivery. Then send another copy to the credit card company with a covering letter stating that you believe Comet is in breach of contract, and that if Comet do not comply with their SOGA responsibilities, then you will claim from them (the Credit card company) under S75 of the Consumer Credit Act.

I'm afraid I may be making a meal of this! Sorry! Here's somewhere to look which may help.
http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

Good luck!

shays_mum

Comet are a bunch of shysters, should have done a search on here, there are plenty of stories like yours here - my advice do as above & hope for the best, sorry but would never give these ppl my money again

cyberbob

Not really a scandal they have offered to take it for repair as compliant with soga. I'm sure you could pick up an old CRT TV off freecycle to keep your daughter entertained.

Booter is incorrect as it's not been established as a major fault all comet need to do is offer a repair. they are under no legal obligation to offer a refund despite the misinformation booter is giving you.

booter

cyberbob wrote: »

Not really a scandal they have offered to take it for repair as compliant with soga. I'm sure you could pick up an old CRT TV off freecycle to keep your daughter entertained.

Booter is incorrect as it's not been established as a major fault all comet need to do is offer a repair. they are under no legal obligation to offer a refund despite the misinformation booter is giving you.

Where exactly does the SOGA say anything about repairs? Where does it say anything about major faults?

"A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price". (S2(1))

"Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality" (S14(2))

"For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—.
(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,.
(b)appearance and finish,.
(c)freedom from minor defects,.
(d)safety, and.
(e)durability" (S14(2B))
.
Remedies for breach of contract: Rejection and termination of the contract or damages.

I could go on about "Acceptance" (S35 SOGA) but I fear it would bore you.

Whilst I accept that civil law is not an exact science, and is reliant on precedents, I believe that the more people know EXACTLY what their rights are, the better - after all "knowledge is power" and "A little learning is a dangerous thing".

neilmcl

booter wrote: »

Where exactly does the SOGA say anything about repairs? Where does it say anything about major faults?

Try looking at "Section 5A - Additional Rights of Buyer in Comsumer Cases" before embarrassing yourself. And it was yourself who brought up the notion of "major faults". Rolleyes.

booter

Thanks neilmcl - I did say "a little learning is a dangerous thing" didn't I!? I consider my legs well and truly slapped. Although being a pedant, you are referring to PART 5A, Section 48 of SOGA aren't you?
I still think OP should try for a refund - if you don't ask you don't get.