Comet : £100 out of pocket

rissott

I need some advice.

I bought a few items for fitting in my kitchen, one item was a cooker splashback.

Ordered on the 10th Nov and delivered on the 19th, with the kitchen fitter not fitting it til this week I just left it in its box.

On taking it out of its box on the 1/12 and I noticed a dent. No one has been anywhere near it and the box appears undamaged.

I phoned comet and they said it was part of their terms and conditions that the item had to be checked withing 7 days. First I heard of this and I checked there terms and conditions on the website, checked the receipt, checked the after sales documents, nothing, when the delivery men delivered there was no mention of 7 days. Phoned comet again and they changed tack saying it was the law that items had to be checked for damage within the 7 days.

The CS people will not shift; I could understand the 7 days for an item that is to be used immediately but I was waiting for fitting,

Is there anything I can do, it may be the law but Im £100 out of pocket due to Comet and I feel as if I have been robbed.

reehsetin

theyre probably talking about distance selling regulations, this allows you seven days to inspect the goods if your not happy to send them back so e.g. you buy a top its the wrong size, send it back within 7 days (where youve bought without seeing)
but that doesnt excuse the sale of goods act which states the goods have to be free from minor defects (s.14) (this doesnt specify a time limit but closer to the time delivered the easier it is to argue)
quote this to currys and state you expect a repair
they should get their acts together

rissott

Thanks reehsetin,

Comet have changed their tack again now they are now stating that the 7 days they quoted is "the reasonable time" for checking the product though they have never mentioned 7 days previously.
I would agree if it was a product that I was to use almost immediatley but it is an item that requires installing with a cooker and a cooker hood requiring the booking of a CORGI engineer and an electrician.

I rather think no matter what point I raise Comet will counter it with yet another new rule until they can make me give in.

All,
Is there anything else I can do, does anyone think Ill get anywhere with a small claims, anyone done one of these before and now about the costs and process ?

Even though this is only £100 im realy riled :mad: , I have spent £1000's at comet, possibly tens of £1000s over the last few years as I have always in the past believed them to be customer friendly, to replace their damaged item at cost would probably only be a pittance. I was planning to buy a number of items in the new year (American Fridge freezer, Large TV etc) and theres no way Ill ever go back.

Poppycat

Rissot I think reehsetin is correct but to get expert advice for free ring consumer direct

http://www.consumerdirect.gov.uk/

I think the only way forward is writing to Comet and if they dont back down the small claims court. Regardless of Comets terms and condition the law over rides that.

IE Sale of Goods ACT

dotchas

Hi,

I had a similar thing with Comet a few years ago over a oven which was damaged when we unwrapped it.It had been sitting in a box waiting on our kitchen being fitted.They initially refused to replace it as we had it for a few weeks.We spoke to our lawyer who told us what to write,and that we have a "reasonable" time to inspect the goods and it was not practical to unwrap such a heavy item in the midst of a kitchen fitting.The important word is "reasonable",if you can give good reason for not opening the packaging then they should replace the item.
It seems reasonable to me that it would be daft to open all kitchen units/fitting and leave them lying around while major work is going on in your house.The other reason is that the kitchen fitters caused delays outwith your control!
Comet eventually agreed to replace my oven,the only one in stock was 50 miles away and it was 3 days before Christmas so we had 100 mile round trip to collect it! Otherwise it was stirfry for Christmas dinner that year!

shays_mum

If you paid by credit card, maybe you can claim from them, they often have a 100 day accidental damage/theft thing inc, goodluck !

Hillfly

If they are going to be difficult you could be a bit naughty and order another. The when it arrives swap them over and send back the dented one for a refund. Seems like a 'resonable' (if a little dishonest) plan - fight fire with fire I say!

bigsteve

Hi, I had a very similar problem with Currys.
My kitchen was being demolished / refurbished.
So the Washing m/c I bought remained it it's delivery box, unopened for over 1 month.

On opening the WM was damaged on 3 sides, a large dent and several ripples / smaller dents.

Currys CS were unsympathetic. One of their 'Managers' even had the cheek to suggest I'd done it myself. But I am a persistant person and got in touch with consumer direct. They have standard letters and I followed their advice. I took photographs of the damage and Currys wrote back and offered a £20 voucher.

Again getting more advice, I sent another letter rejecting their offer and insisting on a replacement. I also contacted my Credit Card company (Egg).
I was forced to seek redress from the CC company because Currys would not budge.

Numerous letters went back and forth until Currys reluctantly agreed to replace the damaged goods with a new WM and remove the unused, damaged WM. I really think the Credit Card company put pressure on Currys to be reasonable.

Be prepared to stand your corner and be patitent. I don't know how you would get on if you did not pay by CC but I would still contact consumer direct.

Good Luck

reehsetin

rissott, whatever you do just make sure you keep a record of everything, photos, times of calls and who you spoke to (shows how quickly you attempted to resolve the situation), if you did take it to court i would think they'd see your point about it having to be installed in which case no seven days isnt enough, i'd leave it over the phone, make a complaint to head office quoting your rights and stating they have 14 days to correct the matter or youll file a claim with small claims court

rissott

I have contected counsumer Direct and filled in the template and sent it off.

I may complete a mini blog on the events, as I have just done a scan of this website and the web and there appears this is quote a common occurence for Comet

rissott

Sorry for the continued posting but need to let off steam.

I have not had any luck with the cosumer direct template letter, Ive now been handed onto trading standards.

Their view is Comet may say I damaged the Item after delivery, they have not as yet but I they have changed their tack on a number of occasions and I would not put it past them.

Trading standards are saying that if I take them to court and I loose I could be charged for the cost of taking them to court and expenses which could be a couple hundred pounds. i.e. I could end up £300 out of pocket or possibly more.

Still not happy and If I thought I had a 50:50 chance I think I would risk the money as a point of principle.

Anyone had experience of small claims ?