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Comet and SOGA again!

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  • Unfortunately that 28 days has no basis in law. The term is "reasonable" and hence product specific.

    28 days would be a bit silly for an ice-lolly for instance! It would probably be a bit too short for something very big and complex and expensive (cannot think of a suitable example but perhaps a car??).
    Thinking critically since 1996....
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 30 July 2011 at 10:17PM
    I would suggest no more than 7 days is reasonable to be deemed to have accepted the goods. I would consider 27 days to be well beyond "reasonable" to accept the goods.

    You can spend the next few weeks arguing over the ambiguous use of the word "reasonable" or accept their remedy of having it repaired as required under SOGA.
  • cbcdesign
    cbcdesign Posts: 13 Forumite
    edited 30 July 2011 at 10:28PM
    Return of faulty goods for exchange by various companies are as follows:-

    Curry's - 28 Days.
    Dixons - 28 days.
    Tescos - 28 days.
    John Lewis - 28 days
    Argos - 28 days
    Asda - 28 days.
    Sainsbury's - 28 days.

    Comet - 72 hours!

    I would suggest the retail industry has established 28 days as a reasonable period beyond which a faulty electrical item will not be exchanged.

    Comets own engineer stated that it is company policy to replace a faulty TV that fails within 28 days. I prove I have notified Comet about TWO faults within the alloted time and suddenly its 72 hours!

    Comet get away with nonsense like this when the industry standard policy amoung retailers says otherwise.
  • Unfortunately standard policy doesn't mean much and it certainly has not established what a 'reasonable' period is across an industry. It is PRODUCT specific.

    You're clutching at straws here...
    Thinking critically since 1996....
  • cbcdesign
    cbcdesign Posts: 13 Forumite
    edited 30 July 2011 at 10:41PM
    I think a judge may look for precedent and 28 days within the retail industry for electrical goods has been widely established by most retailers including Comet accept in my case because of an agreement they have with Panasonic which they are using to justify bypassing their own company policy.

    We are not talking about an Ice lolly here either, we are talking about £1300 of electronic equipment!
  • Phils_debt
    Phils_debt Posts: 192 Forumite
    Only thing i can contribute to this thread is it is comet you are on about expect nothing more they are terrible and would never buy a product from there
    Halifax loan 12k
    [STRIKE]28 payments left[/STRIKE]Now 26
    [STRIKE]26 payments left[/STRIKE]now 24
    [STRIKE]24 payments left[/STRIKE]now 16
  • cbcdesign wrote: »
    I think a judge may look for precedent and 28 days within the retail industry for electrical goods has been widely established by most retailers including Comet accept in my case because of an agreement they have with Panasonic which they are using to justify bypassing their own company policy.

    We are not talking about an Ice lolly here either, we are talking about £1300 of electronic equipment!

    So you think this hasn't happened before? If there was a precedent then it would be established by now but it is not so black and white as you would like it to be. The literature you have quoted says a "reasonable" amount of time and this is the only thing we can go on. You would need to persuade a judge that 28 days was reasonable, we can only speculate as to whether this would (or would not) be the case.

    Stick around the forums, we have 1 a week about how unreasonable Comet are.
    Thinking critically since 1996....
  • Esqui
    Esqui Posts: 3,414 Forumite
    edited 30 July 2011 at 11:04PM
    The 28-day (or thereabouts) period is there to give much more than enough time to avoid legal arguments about what is reasonable. They go far over what is reasonable, in order to avoid doubt. The counter example we have at work is skis (I have no idea why). If you bought a pair of skis today, it would be reasonable to give you, say, 5 months in which to reject them as faulty, because you have no opportunity to check they conform to contract....it's summer, they're for winter.
    cbcdesign wrote: »
    Comets own engineer stated that it is company policy to replace a faulty TV that fails within 28 days. I prove I have notified Comet about TWO faults within the alloted time and suddenly its 72 hours!

    Well, not quite. 72 hours they will exchange right away. 72 hours to 28 days they will exchange after confirming a fault (they say "if they can economically repair" but that, from experience, is limited to tiny things like resetting and power cycling, not taking it apart). Bosch do something similar with their white goods.

    Of course, it does really depend on how quickly they can come and attend to confirm the fault. If you have to wait a week for someone to come and go "That's not working", that'd be silly. Two days, max, or I get tough one the few who do this.
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • Hi,
    Unfortunatly you are dealing with Comet.
    The problem is that Comet have a backlog where they are working on Saturdays to clear the backlog.

    see how it goes, I will be taking them to court soon.
  • gordikin
    gordikin Posts: 4,422 Forumite
    Hi,
    Unfortunatly you are dealing with Comet.
    The problem is that Comet have a backlog where they are working on Saturdays to clear the backlog.

    see how it goes, I will be taking them to court soon.


    I think you'll find Comet are open and working 7 days a week and have been doing so for quite a few years. You do seem very litigious.
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