Help! Comet arguing the Sale of Goods act

kbotlive

Hello, I need some help and/or advice, a quick over view of the problem is thus:

We brought a £420ish fridge/freezer 2 years ago and it broke, had an engineer come out from Hotpoint to look at it and in the end he told us it could not be repaired. After looking into our options (we had no insurance etc) there was only two ways to take it, buy a new one out of our own pocket, though Hotpoint did offer 250 pounds towards it, would still cost us another 200 to get one close to what we had.
Or complain to Comet under the sale of goods act that it has not lasted a reasonable length of time.

Comet are now arguing that they do not need to do anything, as there is nothing under the sale of goods act that oblige them to help. From what I have read on this site, and gov direct and much googling, that is just simply incorrect.
They argue that we need to prove the appliance was not fit for purpose at the point of sale, yet that seems impossible as it WAS fit for purpose then, it only went wrong 2 years later, so that is impossible for us to prove. Yet they won't accept the part of the sales of goods act about appliances lasting a reasonable length of time applies to this situation!

What on earth can I do short of getting a lawer (which I cant afford) to make them listen?

Jakg

After 6 months YOU need to prove the item was inherently faulty - easiest way would be an independent engineers report.

kbotlive

Jakg wrote: »

After 6 months YOU need to prove the item was inherently faulty - easiest way would be an independent engineers report.

Sorry I've been a bit scant on the back story of this, my wife posted it already somewhere else and in my post I did link to it so people could read the details but as a newbie it wouldn't let me link!

We have had a Hotpoint engineer come out three times and assess the appliance, he couldn't find the problem and on the third visit he said he could not find the source and it could not be fixed, no fault of our own through misuse.

But Comet are arguing I need to prove it was faulty at the point of sale under the "not fit for purpose" part of the sale of goods act, they won't seem to listen that I am not trying to claim that part, I am trying to claim under "not lasting a reasonable length of time".

pinkshoes

As above, you need to get an report from an INDEPENDENT engineer, stating that the fridge/freezer was faulty and not fit for purpose, and indeed should have lasted much longer than 2 years.

You can then ask COMET to repair, refund or replace, as well as pay for the report you got done.

I'd perhaps write to them (pen and paper), stating that the fridge was faulty, and under SOGA, as a fridge should last for more than 2 years, they need to either repair, replace, or refund.

(a refund will be partial, as you've already had 2 years use out of it, so assuming you'd expect a fridge to last say 8 years, then you would get back 75% of what you paid)

pinkshoes

kbotlive wrote: »

But Comet are arguing I need to prove it was faulty at the point of sale under the "not fit for purpose" part of the sale of goods act, they won't seem to listen that I am not trying to claim that part, I am trying to claim under "not lasting a reasonable length of time".

You already have.

Your engineer said it broke through NO FAULT OF YOUR OWN, which thus proves it was faulty at the point of sale.

bazster

kbotlive wrote: »

Hello, I need some help and/or advice, a quick over view of the problem is thus:

We brought a £420ish fridge/freezer 2 years ago and it broke, had an engineer come out from Hotpoint to look at it and in the end he told us it could not be repaired. After looking into our options (we had no insurance etc) there was only two ways to take it, buy a new one out of our own pocket, though Hotpoint did offer 250 pounds towards it, would still cost us another 200 to get one close to what we had.
Or complain to Comet under the sale of goods act that it has not lasted a reasonable length of time.

Comet are now arguing that they do not need to do anything, as there is nothing under the sale of goods act that oblige them to help. From what I have read on this site, and gov direct and much googling, that is just simply incorrect.
They argue that we need to prove the appliance was not fit for purpose at the point of sale, yet that seems impossible as it WAS fit for purpose then, it only went wrong 2 years later, so that is impossible for us to prove. Yet they won't accept the part of the sales of goods act about appliances lasting a reasonable length of time applies to this situation!

What on earth can I do short of getting a lawer (which I cant afford) to make them listen?

Hotpoint's offer of £250 seems eminently reasonable to me, especially as they are under no obligation to do anything.

The only way you'll get anywhere with Comet is by getting an independent engineer's report stating that it broke down after two years because of a manufacturing or design fault. Hardly worth the hassle I'd have thought, especially since there's still no guarantee you'll win, or even find an engineer willing to state that. And even if you did win, Comet are entitled to make a deduction for the amount of use you've already had from the thing. How much might they deduct? £200-odd is my guess...

bazster

pinkshoes wrote: »

You already have.

Your engineer said it broke through NO FAULT OF YOUR OWN, which thus proves it was faulty at the point of sale.

You've never heard of wear-and-tear? Do you expect everything to last forever unless someone throws it down the stairs?

bazster

pinkshoes wrote: »

(a refund will be partial, as you've already had 2 years use out of it, so assuming you'd expect a fridge to last say 8 years, then you would get back 75% of what you paid)

Which would be a whole £65 more than Hotpoint have already offered, after speculatively splashing out several hundred pounds on an engineer's report...

unholyangel

bazster wrote: »

You've never heard of wear-and-tear? Do you expect everything to last forever unless someone throws it down the stairs?

So you think that a £400 fridge lasting 2 years is a reasonable length of time?

Pinkshoes didnt say things should last forever. In fact, she mentions lifespan specifically indicating that things are NOT meant to last forever. I wouldnt go as far as 8 years for a £400 fridge but *shrug* the only person who could really decide what is a reasonable length of time would be a judge in small claims.

bazster wrote: »

Which would be a whole £65 more than Hotpoint have already offered, after speculatively splashing out several hundred pounds on an engineer's report...

Which would be reimbursed if found in her favour.................but no need for that since she already has a report saying the fault is not through consumer misuse etc.



EDIT: OP.....you didnt pay by credit card did you? If so, you have additional protection via the CCA (Consumer Credit Act)

shortchanged_2

Firstly my condolences on buying a Hotpoint product.

Secondly you can challenge Comet under the SOGA under the durability terms. http://whatconsumer.co.uk/how-long-should-it-last/

Yes it may not be an easy one to challenge on but I and I'm sure the majority of the population would expect a fridge freezer to last longer than 2 years. So I would say yes you can purse some form of compensation from Comet under the SOGA, just don't expect a brand new straight swap or all of your money back.

pinkshoes

bazster wrote: »

You've never heard of wear-and-tear? Do you expect everything to last forever unless someone throws it down the stairs?

A £420 fridge should last more than 2 years. FACT.

I'm not saying it should last forever, but it certainly should last for more than 2 years, which is what the SOGA is for.