Developing Comet Nightmare
Discussion
Podie said:
nick heppinstall said:
Podie said:
Buy from Digital Direct or Sound and Vision in the future is my advice. Brilliant service.
Thanks mate. It was a spur of the moment thing really. You know when you have to have something right now !My logic was if I purchased locally it would be better if a fault developed. Looks like that logic maybe flawed ....
Fully appreciate your logic though...
Hope you get it sorted chap.
E31Shrew said:
Ask to speak to the Customer Services mgr....I would think they dont take to people hanging around the service desk shouting!
In my student days I used to work for an electrical store chain and that approach ALWAYS had the opposite effect.Being assertive, relevant and polite would have the staff doing what they could and bending the rules to be helpful.
Nick, forget about faffing around with the local store manager, and waiting for the engineer to visit - the LAW states, under Sale Of Goods Act (google the phrase!) that any item deemed faulty within 6 months, is considered to have been faulty from the moment it left the factory.
In this instance, YOU are ENTITLED to a refund, repair, or replacement - whichever YOU prefer, and the onus is upon the reseller to prove it wasn't faulty.
After 6 months, and up to 6 years (5 in Scotland) the onus becomes yours to prove it was faulty from the outset - but decent resellers will value your custom, so won't try and shirk their LEGAL obligations.
If need be, print off the SOGA info you find, and present it to the store manager, telling them you will report them to Trading Standards for failing to obey the law.
If they still bluff it, and insist on the engineer, refuse his visitation, ask for his/her full name, and enlighten them that they will be reported to head office.
If that doesn't get the response of "bring it back and we'll refund your money", then get onto HO tomorrow first thing, and ask for the name and e-mail address (or postal address) of the CS manager, or higher.
Accept nothing less than a refund, and put your money into one of our various reselling members' business - they're far more deserving of it!
In this instance, YOU are ENTITLED to a refund, repair, or replacement - whichever YOU prefer, and the onus is upon the reseller to prove it wasn't faulty.
After 6 months, and up to 6 years (5 in Scotland) the onus becomes yours to prove it was faulty from the outset - but decent resellers will value your custom, so won't try and shirk their LEGAL obligations.
If need be, print off the SOGA info you find, and present it to the store manager, telling them you will report them to Trading Standards for failing to obey the law.
If they still bluff it, and insist on the engineer, refuse his visitation, ask for his/her full name, and enlighten them that they will be reported to head office.
If that doesn't get the response of "bring it back and we'll refund your money", then get onto HO tomorrow first thing, and ask for the name and e-mail address (or postal address) of the CS manager, or higher.
Accept nothing less than a refund, and put your money into one of our various reselling members' business - they're far more deserving of it!
They are clearly 'grade A' planks!
Within 28 days the retailer can send the faulty set back to manufacturer for a full credit to themselves without any hassle at all, so why on earth would they want to create 'more' work for themselves and antagonise a customer that simply won't buy from them again and tell everybody they know just how crap they are?
It beggars belief, it really does!
Within 28 days the retailer can send the faulty set back to manufacturer for a full credit to themselves without any hassle at all, so why on earth would they want to create 'more' work for themselves and antagonise a customer that simply won't buy from them again and tell everybody they know just how crap they are?
It beggars belief, it really does!
nick heppinstall said:
E31Shrew said:
First thing to try is turning all the kit off, disconnect all input cables and turn each one on , one at a time and recheck. Often when the picture has a pink or green glow it is a SCART hanging half out.
Might be an idea also to use different inputs for each bit of kit.
Good luck!
Cheers. Yeah tried that. Only has HDMI. UHF for the Freeview and Component for the 360.Might be an idea also to use different inputs for each bit of kit.
Good luck!
360 = fine
Freeview and HDMI = Pink
headcase said:
Had a run in today with a comet customer who bought a Samsung a while back, its been in for repair 4 times now and comet just refer her to samsung every time she complained. So much for having a contract with the company you bought it from, im not sure how they get away with it.
They get away with it because the majority of people who buy from Comet at their inflated prices have no idea what their consumer rights are let alone how to employ them to their advantage. Deva Link said:
Podie said:
Buy from Digital Direct or Sound and Vision in the future is my advice. Brilliant service.
So would they just send a new one out if the customer called and reported a fault?
I'll report what the Engineer says on Monday. Like I said before I had only had the set 28 days when I reported the fault.
I'll be at work but I've instructed the Mrs not to accept a repair if it proves faulty and means the set has to go for repair.
I'd be happy if :
a) Theirs a fault and the Engineer can fix it their and then.
b) Theirs a fault and the engineer cant fix it their and then and authorises a replacment or refund. Either would be acceptable.
I'll be at work but I've instructed the Mrs not to accept a repair if it proves faulty and means the set has to go for repair.
I'd be happy if :
a) Theirs a fault and the Engineer can fix it their and then.
b) Theirs a fault and the engineer cant fix it their and then and authorises a replacment or refund. Either would be acceptable.
You are completely within your rights to have it replaced or a full refund
Letter to Trading Standards office -you can find yours here
http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_40...
Send a copy of letter to Comet HQ and one to the store manager
Quote the following
Sale of Good Act 1979
Covers all contracts made by consumers when purchasing goods, consumers are given full rights under this Act in all circumstances, these rights cannot be restricted by the terms and conditions of the contract.
Consumers can expect that goods will be:
As described. Goods provided must conform to any description applied to them; this description can be made verbally or in writing.
Of a satisfactory quality. Satisfactory quality means that the product should be of a quality that a reasonable person would expect from the goods taking into account any description, the intended purpose and the price that is paid.
Fit for the purpose made known. If a consumer intends to purchase goods to use for a specific purpose other than that which it is intended and this is made known to the seller, then the goods should be suitable for that purpose.
Generally a consumer can claim a repair or replacement of the goods if they become faulty or do not conform to the contract, if this is not possible or not economical the consumer can look to claim a full or partial refund. If the consumer notices the fault, misdescription or unsuitability quick enough after the purchase then they may be able to reject the goods for a full refund.
If second-hand goods are being purchased the purchaser must take into account the age, condition and price of the product. Consumers get the same rights when purchasing second-hand goods unless a fault is related to reasonable wear and tear or they are made aware of any faults before purchase.
Letter to Trading Standards office -you can find yours here
http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_40...
Send a copy of letter to Comet HQ and one to the store manager
Quote the following
Sale of Good Act 1979
Covers all contracts made by consumers when purchasing goods, consumers are given full rights under this Act in all circumstances, these rights cannot be restricted by the terms and conditions of the contract.
Consumers can expect that goods will be:
As described. Goods provided must conform to any description applied to them; this description can be made verbally or in writing.
Of a satisfactory quality. Satisfactory quality means that the product should be of a quality that a reasonable person would expect from the goods taking into account any description, the intended purpose and the price that is paid.
Fit for the purpose made known. If a consumer intends to purchase goods to use for a specific purpose other than that which it is intended and this is made known to the seller, then the goods should be suitable for that purpose.
Generally a consumer can claim a repair or replacement of the goods if they become faulty or do not conform to the contract, if this is not possible or not economical the consumer can look to claim a full or partial refund. If the consumer notices the fault, misdescription or unsuitability quick enough after the purchase then they may be able to reject the goods for a full refund.
If second-hand goods are being purchased the purchaser must take into account the age, condition and price of the product. Consumers get the same rights when purchasing second-hand goods unless a fault is related to reasonable wear and tear or they are made aware of any faults before purchase.
Deva Link said:
sidewayz said:
You are completely within your rights to have it replaced or a full refund
No you're not.After paying £500 for a new family LCD that packs up after 28 days is it not reasonable for Comet to offer to replace the TV ?
What would you do under the same circumstances ?
Thanks all for your input. Well we'll see what happens in the morning.
One things for sure though no one really seems to have a clue regarding the legal side of things.
Everyone seem to have their own opinion of the law including Citizens Advice and Consumer Direct. It just seems to depend who you are talking too !
I have a feeling we're going to be without a TV for some time..... My 4 year olds not going to be happy ...
One things for sure though no one really seems to have a clue regarding the legal side of things.
Everyone seem to have their own opinion of the law including Citizens Advice and Consumer Direct. It just seems to depend who you are talking too !
I have a feeling we're going to be without a TV for some time..... My 4 year olds not going to be happy ...
thegavster said:
If Comet say they would replace within 28 days, that's their own policy hence you will be at their mercy as to whether they honour it or not. As the set was working fine at first, they're only obliged to repair now, you don't have any right to demand a replacement.
Comet's policy does not alter the law on sale of goods. If it's not of satisfactory quality, you are entitled to the usual remedies for breach of contract; one of which is a replacement, another of which is your money back. It's not a car; you don't have to give them the opportunity to try to repair it.SJobson said:
It's not a car; you don't have to give them the opportunity to try to repair it.
The law if far too vague to make such statement. The word "reasonable" crops up a lot.So your TV breaks and you decide you want a new one. The local store manager tells you to get stuffed.
So you write Comet a snotty letter. They write back 2 weeks later and tell you to get stuffed. Meanwhile your missus and kids are crying every night as there's no TV to watch.
You write Comet another letter and say you'll take legal action. They write back 2 weeks later and say "bring it on".
So you use MoneyClaimonLine to claim back the cost of the TV. Coment defend by saying you'd had the TV a reasonable length of time to try it out and you didn't give them reasonable chance to evalaute the fault and consider repairing it. The Judge rejects your claim.
Your wife leaves, taking the kids, for a guy with a working TV.
Deva Link said:
SJobson said:
It's not a car; you don't have to give them the opportunity to try to repair it.
The law if far too vague to make such statement. The word "reasonable" crops up a lot.So your TV breaks and you decide you want a new one. The local store manager tells you to get stuffed.
So you write Comet a snotty letter. They write back 2 weeks later and tell you to get stuffed. Meanwhile your missus and kids are crying every night as there's no TV to watch.
You write Comet another letter and say you'll take legal action. They write back 2 weeks later and say "bring it on".
So you use MoneyClaimonLine to claim back the cost of the TV. Coment defend by saying you'd had the TV a reasonable length of time to try it out and you didn't give them reasonable chance to evalaute the fault and consider repairing it. The Judge rejects your claim.
Your wife leaves, taking the kids, for a guy with a working TV.
If you want a one way biased *interpretation* of the SOGA with pertinent points ignored then read this thread.
As someone who studied contract law and the SOGA as part of my degree I see so many "Watchdog chinese whispers" of what the law actually is.
In the SOGA the word 'reasonable' is used a lot, and for good reason - it is supposed to be a proportional framework for BOTH sides, not just the consumer.
In this case, see Comet's side for a second - the customer agrees the TV is perfect at time of sale and a fault developed. In many cases this will be down to consumer error, a lose connection, messing with settings etc and there is nothing wrong with the TV at all. In other cases there will be a minor fault which can be economically repaired. Finally, there might be a major fault and it will be cheaper for them to replace the TV.
But *you need to give them the chance to ascertain that* before you demand an unconditional refund.
So, by all means 'play nasty' with Comet, and pretend you are a legal eagle based upon an amateur interpretation of what you think the law should be. But you'll cause yourself a load of hassle, and if you play nasty, Comet are well within their rights to point out the fallacy of a claim and play nasty back.
However, IMHO you should give them the chance to fix it, or at least give you a solution based upon the facts of the issue and the fault.
Deva Link said:
SJobson said:
It's not a car; you don't have to give them the opportunity to try to repair it.
The law if far too vague to make such statement. The word "reasonable" crops up a lot.So your TV breaks and you decide you want a new one. The local store manager tells you to get stuffed.
So you write Comet a snotty letter. They write back 2 weeks later and tell you to get stuffed. Meanwhile your missus and kids are crying every night as there's no TV to watch.
You write Comet another letter and say you'll take legal action. They write back 2 weeks later and say "bring it on".
So you use MoneyClaimonLine to claim back the cost of the TV. Coment defend by saying you'd had the TV a reasonable length of time to try it out and you didn't give them reasonable chance to evalaute the fault and consider repairing it. The Judge rejects your claim.
Your wife leaves, taking the kids, for a guy with a working TV.
If you want a one way biased *interpretation* of the SOGA with pertinent points ignored then read this thread.
As someone who studied contract law and the SOGA as part of my degree I see so many "Watchdog chinese whispers" of what the law actually is.
In the SOGA the word 'reasonable' is used a lot, and for good reason - it is supposed to be a proportional framework for BOTH sides, not just the consumer.
In this case, see Comet's side for a second - the customer agrees the TV is perfect at time of sale and a fault developed. In many cases this will be down to consumer error, a lose connection, messing with settings etc and there is nothing wrong with the TV at all. In other cases there will be a minor fault which can be economically repaired. Finally, there might be a major fault and it will be cheaper for them to replace the TV.
But *you need to give them the chance to ascertain that* before you demand an unconditional refund.
So, by all means 'play nasty' with Comet, and pretend you are a legal eagle based upon an amateur interpretation of what you think the law should be. But you'll cause yourself a load of hassle, and if you play nasty, Comet are well within their rights to point out the fallacy of a claim and play nasty back.
However, IMHO you should give them the chance to fix it, or at least give you a solution based upon the facts of the issue and the fault.
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