Comet Breakdown Plan?

derrick

ejones999 wrote:

Which is why I indicated to OP that a claim under SOGA would not succeed.
Who is to determine what a reasonable length of time a particular unit should last??

I have made 2 successful claims under SoGA for products out of "warranty", one being a £1600 2 piece suite, received £1500 as "I had some use from it", plus all court costs.
Don't forget a warranty is in addition to and cannot take away your statutory rights, i. e ,SoGA

philljp

derrick wrote:

I have made 2 successful claims under SoGA for products out of "warranty", one being a £1600 2 piece suite, received £1500 as "I had some use from it", plus all court costs.
Don't forget a warranty is in addition to and cannot take away your statutory rights, i. e ,SoGA

So u had to take the company to court? and could u expand on "Don't forget a warranty is in addition to and cannot take away your statutory rights"

Thanks

deanos

derrick wrote:

I have made 2 successful claims under SoGA for products out of "warranty", one being a £1600 2 piece suite, received £1500 as "I had some use from it", plus all court costs.
Don't forget a warranty is in addition to and cannot take away your statutory rights, i. e ,SoGA

Thats great that you won, but it all depends on what the item is and what you paid, of course you would expect a £1600 sofa to last a few years but would you expect say a £20 dvd player to last 5 years , or a £10 kettle , ultimately it will come down to a Judges decision if it goes to court.

Its also up to the consumer to prove the fault was inherent in the item , alot easier in a sofa i know as Ive had mine repaired long after the so called 1yr warranty Harveys gave and they paid for it to be repaired, but how would you go about prooving an electrical item had an inherent fault could be costly ?

djohn2002uk

In the first 6 months you don't have to prove anything. It's up to the retailer to prove that the fault wasn't there when bought.

deanos

djohn2002uk wrote:

In the first 6 months you don't have to prove anything. It's up to the retailer to prove that the fault wasn't there when bought.

Yes thats correct, but in the first year i dont think anywhere would demand a customer to get proof, im on about after the so called 1yr warranty

derrick

philljp wrote:

So u had to take the company to court? and could u expand on "Don't forget a warranty is in addition to and cannot take away your statutory rights"

Thanks

Yes I had to take them to court, because like you they would not believe that I had the statutory rights which outweighed their limited warranty.

A warranty is in ADDITION to statutory rights, a warranty does not even have to be given, it is up to the manufacturer and has no legal standing, unlike statutory rights which are on the statute books. i.e. written into law, my quote in reply #5 above is taken from the second "HERE" in that post, it is on various websites including Trading Standards and Consumer Direct, and that is how and why I was able to get redress through the courts, because they could not go against the law of the land and a damning expert witness report, you CANNOT sign away your rights either.

derrick

deanos wrote:

Thats great that you won, but it all depends on what the item is and what you paid, of course you would expect a £1600 sofa to last a few years but would you expect say a £20 dvd player to last 5 years , or a £10 kettle , ultimately it will come down to a Judges decision if it goes to court.

Its also up to the consumer to prove the fault was inherent in the item , alot easier in a sofa i know as Ive had mine repaired long after the so called 1yr warranty Harveys gave and they paid for it to be repaired, but how would you go about prooving an electrical item had an inherent fault could be costly ?

Yes obviously I would not go to the time and trouble for something costing a few pounds, I am just pointing out that just because your warranty expires everything is not lost because you have the SoGA to fall back on, which as I have said in post #17, is backed up in law whereas a warranty isn't, and if you need to sue, even in the warranty period you are better off using the SoGA, and as Trading Standards and Consumer Direct have said,"why do people bother with extended warranties when the SoGA is there to protect them, they are just throwing away money".

If an electrical item is not working it is faulty and assuming the fault is not caused negligently then it will be covered under the SoGA.

A_Nice_Englishman

philljp wrote:

I was about to post a similar question of the Comet warrenty. I dont like paying for warrenties because they are so expensive and chances are the goods will be ok anyway.

Is there a cheaper alternative do this? Can you purchase cover for electrical goods from another company or something? Is it better to just try and claim off your house insurance if something goes wrong?

I ask cause ive just bout a TV for about £2,000 and comet warrenty is about £400.

If you'd bought it from John Lewis you'd have got a 5 year warranty free and they would have price-matched the local Comet store.