I ended up dropping the case against Comet as Toahiba agreed to give me a refund on the TV. Shame they couldn't have done this earlier to save all the hassle - thumbs up to Toshiba but I won't be going to Comet for a while.

Thanks foolishgirl I am doing some research into the 1999/44/ec directive but what i have found so far is that its a bit misleading in that it only applies to member states of which Comet isn't one. Also directives can't be enforced against private parties something about 'horizontal direct effect'. In your opinion is the claim worth going ahead with due to the fact I have cliamed for a repair which I haven't had done - will the judge throw it out. I have been advised by a friend to try mediation but not sure if comet will play ball. The only other thing I could try is a comprise to try and get them to extend the length of guarantee on the repair. As ever your thoughts would be greatly appreciated ...

Have just got the defence from Comet, they say:- Having had full use of the TV until July 2009 we aver that the fault was not there at the time of purchase and therefore the claimant is not entitled to a free of charge repair The sale of goods act does not entitle the claimant to a free of charge repair as it is not intended as a guarantee. We aver it may entitle him to compensation in the form of a repair at a reduced cost but only if the problem is associated with a major component failure. Accordingly we believe that by offering to carry out the necessary repair at a reduced cost we have met our obligation under this act. The claimant is attempting to claim £868.79 in respect of the cost of the repair. This claim in denied as the claimant has not incurred this cost and therefore put him to strict proof of his claim. In view of the above we deny we are liable for the amount he is attempting to claim in respect of interest Having had the tv since December 2007 we aver that based on the time the claimant has accepted the tv and therefore waived the right to now reject it and obtain a refund We deny the tv is not of satisfactory quality and put the claimant to strict proof of this allegation We deny we are liable for the sum claimed or any amount and put the claimant to strict proof of his claim As far as I can gather I have incurred loss as I have purchased a tv that does not work properly. With regards the latent defect - I have copies of threads from various technical forums of people who have had exactly the same fault. There is even a person who purchased the same tv from comet which developed the same fault which comet then wrote off and replaced. The only difference being they had a extended warranty. Any advice please ....

Quick update Coment have just posted that they are going to defend the claim so it looks like we are going to court - will let you know the outcome. Any advice on how to handle the claim in court greatly appreciated ...

I have claimed the full cost of the repair, £868 plus court costs and interest The detals I completed on the N1 form are: On 29/12/2007 I purchased an LCD TV from Comet for £939.99. In July 2009 the TV developed the following faults:- · Thin red line on the right of the screen · Dark section on the left of the screen An engineer has inspected the TV and found the LCD panel to be faulty. The repair cost is £868.79. After several correspondences Comet are only willing to offer 70% of the repair cost, with the repair itself only being guaranteed for 3 months. Under the Sale of Goods Act 1979, section 14, I consider the TV not to be of satisfactory quality and fit for the purpose made known and would like to claim a free of charge repair or replacement.

Hi - got the acknowledgement of claim from he court this morning. Comet have ticked the box saying they intend to defend the whole claim. Can anyone tell me what will happen now? will i just be told a date to turn up in court?

Hi Fagin61 - have you issued your claim yet? I have just received an acknowledgement of serivce from the court saying that Comet intend to defend all of the claim. They now have 28 days to put their defence together - looks like I may well be going to court.

I have issued a claim against Comet, see thread entitled Comet - small claims court. They have filed and acknowledgement of service - does this mean they are going to defend the case?

I presume a court date will only follow if Comet decide to defend the case - not sure really Im new to all this too

Havn't got a court date - have just issued the completed N1 - hopefully they will settle out of court. When issueing the claim online you don't get much space to enter the particulars so I just put that I purchased the TV and a fault has occurred and that under the SOGA i considered the TV not of satisfactory quality and fit for the purpose made known. I also added in the paragraph claiming interest under section 69 of the County Courts Act.

Hi Fagin61 Just to let you know I issued my county court claim against Comet online at the weekend. Hopefully they will get it tomorrow - will let you know how I get on.

Hi Fagin61 ... i too am in a similar situation to you - have you had the TV repaired yet? I have had advice from foolishgirl - see thread entitle comet - small claims court and she has advised that you can only claim for actual loss and not potential. I issued an LBA to Comet on the 4th August and they have not responded. Talking to the store manager he says they will do nothing until they get a letter from the court.

sounds like paying the £260 and forgetting about it may be an easier and ultimatley cheaper option as I may not win the case May try one last letter to see if I can get somewhere though I have already said that I have spoken to consumer direct and citizens advice but they have stood their ground. Any advice on some legal things to state in the letter to shake them up? Many thanks for all you help foolishgirl - much appreciated.

I have spoken to the local TS and they said they are unable to offer first line advice as this is now the job of consumer direct - bit of a catch 22 really. Is it possible to get a ruling insisting that they repair or replace the TV?

Thanks again for the advice foolishgirl - apologies for all the questions but I want to get the matter sorted with the minimum of cost. Would you advise accepting Comet's offer and paying the £260 towards the repair cost and then making a claim for that? Could I make a non monetary claim, i.e. for a replacement / repair at no cost - if so how would i do this? Thanks agains for your help so far