Comet

Anthony74

I am claiming £215 through the county court as comet refused to give me a refund on a faulty product( 3 mths old). They are defending the claim totally, what happens now.

Surley they cant win as i got advice from CAB and info about the sales of goods act.

Help

Jnelhams

Well it depends if it was faulty to begin with, if it developed the fault at a later date, then they are able to offer a repair not a refund in full.
It depends a lot on what it is you purchased, and the kind of fault.

To be honest Comet, are likely to roll over and play dead, even if it goes to Court, they are unlikely to turn up, a solicitor will cost them more than £215.

If it goes to Court, you go on your own not with a solicitor, take the piece of junk with you if you can, and explain calmly to the judge in simple terms what is wrong, and that you feel unfairly treated, Judges are normally very sympathetic to individuals. You just must remember to keep it short and sweet, dont ramble and stick to the facts and you should win. (Dress smartly, and address him/her as Your Honor and dont sit until they do, it helps!)

cmjohnson_86

What is it you bought? Do you kno what the fault was?

Goodluck.

Anthony74

Thanks people.

I brought a Tom Tom sat nav in september. After a week it packed up on me so they exchanged it. Opon using the new unit for the second time in november it too packed up on a trip to London ( no screen LCD).

The store tried to reset it with no luck and told me i could not have a refund as its policy to return the product for repair to the manufacture.

I had a copy of the defence letter , it said the unit was not faulty as the unit was not charged. I told the store manager that the unit was on charge when it packed up. The staff even took it out the back on my 2nd visit and came back with no joy. They said the unit is dead ( i have it on paper) but not faulty as the manufactures only can confirm this. Crazy!!!!!!!!!!!!!!!!!!

Anthony74

Anyone?

dazco

Anthony74 wrote:

Thanks people.

I brought a Tom Tom sat nav in september. After a week it packed up on me so they exchanged it. Opon using the new unit for the second time in november it too packed up on a trip to London ( no screen LCD).

The store tried to reset it with no luck and told me i could not have a refund as its policy to return the product for repair to the manufacture.

I had a copy of the defence letter , it said the unit was not faulty as the unit was not charged. I told the store manager that the unit was on charge when it packed up. The staff even took it out the back on my 2nd visit and came back with no joy. They said the unit is dead ( i have it on paper) but not faulty as the manufactures only can confirm this. Crazy!!!!!!!!!!!!!!!!!!

Did they offer to repair it/send it to the manufacturers for you?

These big electrical stores do tend to make people believe that they ( the customer ) must deal with the manufacturer. This is utter tosh, any contract you have is with the retailer and the retailer only.

The only thing that could go against you is if they offered to investigate/repair. In which case they are in the right.

This is my advise on the little you have told us.

They probably will not even show up anyway.

Anthony74

dazco wrote:

Did they offer to repair it/send it to the manufacturers for you?

These big electrical stores do tend to make people believe that they ( the customer ) must deal with the manufacturer. This is utter tosh, any contract you have is with the retailer and the retailer only.

The only thing that could go against you is if they offered to investigate/repair. In which case they are in the right.

This is my advise on the little you have told us.

They probably will not even show up anyway.

They have offered repair, but as this is the second unit i just want a refund as lost faith in the product.

dazco

Sorry Anthony.

They are well within their rights to offer to repair it. Losing faith in a product does not mean you can get a refund.

Also bear in mind that Tom Tom is a well regarded item that has served many people well.

There are occasions where you are fully entitled to a refund but to be honest I feel they are ambiguous and only a particular judge on a particular day can tell you where you stand.

But if it was me, and I had gone as far as you, I would crack on and hope they do not turn up.

Please do not take what I say next as gospel, check it out first because as I said the law is ambiguous

I feel your best chance of winning is to prove fault with the manufacture i.e it was like that when you got it and not that it developed this fault later.

Anyhow whatever happens ..Good luck

dazco

Off the subject...I spent some time as a mechanic and I think it may be worth checking that you have the correct fuse fitted for you cigar lighter circuit.

Anthony74

O well, lets hope they don't turn up.

Anthony74

dazco wrote:

Off the subject...I spent some time as a mechanic and I think it may be worth checking that you have the correct fuse fitted for you cigar lighter circuit.

They tried charging in store.