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Is this Fraud by Comet?

Hello,
Bit of a long post so I apologise in advance. I really would appreciate any input you have and Thank you in advance.
I purchased an ex-display NEW computer from Comet in Northampton on the 15th April 2010. It was for my little shop so it had to be new. Today my computer died so knowing it was under warranty I rang Comet who said its not their problem phone Hewlett Packard. I did. I gave them the serial number and they asked for my name which I gave to them. The computer was not registered to me! After much arguing HP told me that my computer was registered to a Mrs Rawlings in 2009 and not only that but my computer had been repaired in dec 2009 making it out of warranty!!!! But I bought it new in April 2010. HP refused to deal with me until I prove ownership by emailing them the receipt. I rang Consumer Direct who said I would have to contact Comet. I did, Comet HO said its not their problem, Its a store problem and they would put me through to the store. The manager at the store refused to speak to me as he was busy. I spoke to an absolutely vile creature who was so rude and aggressive. The store did not see it was a problem either!!! I gave them half an hour to ring me back. They eventually rang back and said if I brought the computer in they would swap it. I have brought the computer back and I did get a new one (I hope) BUT they refused to recover my data, they refused to provide for loss of earnings, they refused to even cover the petrol or phone calls The store just made me go to the back of the shop where it was very quiet. App these things happen!!! How can a store sell a secondhand computer as new? They just were not bothered...How many others has this been done to? All the nos I had to phone today were 0844/0845. I am disgusted. How can companies get away with this? Is there anything else I can do??? Would really appreciate any feedback Thank you.
I just want to add I have all receipts/nos etc...and it shows as a new pc
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Comments

  • Forwandert
    Forwandert Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I'd call it an error not fraud, these things happen however from what i can get from your post, your computer has broken, you've now taken it instore and they have replaced it, so not much else they could really do about the situation anyway, the phone calls weren't really needed if you had taken the computer back to store in the first place.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is this Fraud by Comet?

    No. Sounds like someone has returned it and it's been put back into stock by mistake, but that would not constitute fraud.

    As for your data, as it's for your business you do back up regularly don't you?
    Accept your past without regret, handle your present with confidence and face your future without fear
  • barnabee
    barnabee Posts: 1,210 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Radio 4 had a programme about this yesterday afternoon. A listener also had a 'new' computer from Currys that had been preowned by another user.

    The Trading Standards representative on the show did not seem overly shocked by the practice.

    I would suggest contacting Radio 4 as they asked for others in a similar position to get in touch. The programme is the consumer affairs 'You & Yours', on air each Wednesday at midday. You can contact online here

    An extract from the show, including the 2nd hand computer bought as new can be replayed here

    In previous years retailers like Currys and their alter ego Dixons have been fined for selling goods as new that were returns.

    Reminds me of a stand up arguement in Bournemouth Dixons when I took back a watch I had bought because I found the name 'Gareth' had been engraved on the back plate. The manager refused to refund it because he said I had bought it and must have had it engraved for a friend.
  • I find it hard to believe that a retailer such as Comet can sell a computer, get it returned due to a fault, repair it, then resell it as new by accident.

    If it was just returned then put back in stock then it may happen, but it would take multiple errors for a used, repaired computer to be accepted as new. (opened box, warranty seals possibly removed, preloaded software and OS reinstalling or resetting to original etc)
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    I would tend to agree - it should be sold as remanufactured/refurbished (if the maker fixed a problem), never as 'new'. Shame they don't have mileometers and log books, eh?

    As for an accident - hmmm well yes I'm certain you will find it tough to prove otherwise, but having worked for an electrical retailer in the 80's, I know store managers sometimes make more 'accidents' than you would imagine for someone in their position. Especially if it affects his bonus.

    Stores typically don't have a 'remanufactured' display area, so the accident is more or less designed into the system. Bu99er to prove it, but I've had 'clumsy' bosses in the past.
  • Lottie-B
    Lottie-B Posts: 110 Forumite
    Photogenic
    Zillions of non=087/084 numbers listed for Comet if you search on http://www.saynoto0870.com/companysearch.php
  • candycow
    candycow Posts: 115 Forumite
    As it was an ex-display, I am guessing that what happened was a customer returned the computer for some reason, as it was already used, they put it out as a display model, not intending to sell it originally, then you come along and buy it.
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Tom20101 wrote: »
    Currys are a million pound business. GO GROW a pair of balls man instead of crying on the internet about it. Firstly, Currys reserve the right to sell 'ex-display' as exactly that 'ex display' so obviously someone else has touched it..used it etc. If you want a brand spanking new then go !!!!ing buy one u cheapskate. Just stop being a wuss and go trading standards jeez.

    Different companies
  • babyemily
    babyemily Posts: 421 Forumite
    Tom20101 wrote: »
    Currys are a million pound business. GO GROW a pair of balls man instead of crying on the internet about it. Firstly, Currys reserve the right to sell 'ex-display' as exactly that 'ex display' so obviously someone else has touched it..used it etc. If you want a brand spanking new then go !!!!ing buy one u cheapskate. Just stop being a wuss and go trading standards jeez.


    Thank you for your "helpful" advice To aid you better in your insults I fear you need enlightening.
    It was not Currys - It was Comet.
    I bought a NEW computer which cost £479.00 It states quite clearly on the receipt that it was a new computer and the salesman gave assurances it was a new computer.
    Ex-Display means it has been on display and yes there may be cosmetic markings and Yes it will have been touched and used. Ex-Display does not mean secondhand/used/repaired.
    In theory I did buy a "brand spanking new one" but thank you for the suggestion.
    I am not a cheapskate as I paid quite alot of money for it - I bought the Ex-Display model as it was the last one there with the spec I wanted.
    I would dearly love to accept your suggestion that "I grow a pair of balls" - Unfortunately I am female technically I feel it would be incredibly difficult to attempt that particular piece of advice.
    I am not crying - I asked for advice. Crying involves tears, I can assure you I have shed none of those.
    As for the "stop being a wuss"...What can I say??? Maybe you would feel more fulfilled if I "manned up"
  • babyemily
    babyemily Posts: 421 Forumite
    To everyone else who replied, Thank you. Yesterday I felt very very angry that I had bought something which was not what I paid for. I still feel peeved at this but to be quite honest I am more annoyed at how I was treated.
    @ Barnabee...I have done as you suggested, Thank you. It would appear that this problem is far more widespread then imaginable and hopefully something will be done to stop it happening.
    Hewlett Packard have assured me that this pc should never ever been made available for sale again and should have been sold on as secondhand with faults,(It had recurring wireless and other problems) or, it should have been destroyed. When I bought it the Comet salesperson assured me that they themselves had unpacked that particular pc from its box brand new to use as display. I had no reason to think otherwise.
    Once again Thank you for your help and advice.
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