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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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faulty 14 month old 'frost free' fridge freezer


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Hi there,

New to this forum, but I hope you might be able to offer some advice.

I bought a ‘frost free’ Hoover Fridge Freezer from Comet at the end of Feb 2007 for £300. Since April 2008 it’s been frosting up and making all kinds of unhappy noises. I wondered if I might have left the door open, so defrosted it a couple of times, but within 48 hours it had refrosted up again.

Obviously this is all when it’s just out of the 12 month warrantee :(

Just spoken to Comet Customer Service Centre and they offered to send me an engineer for £75 plus parts. This would be non refundable, even if the fault turned out to be a manufacturing fault, as the fridge freezer is out of warranty!

I did quote the sale of goods act to the girl on the phone, regarding my expectations that a £300 fridge freezer should last longer than 14 months.

She gave me a lot of corporate empathy, but still insisted that as I’d not purchased an extended warrantee there was nothing she could do.

Do I need to pay this call out fee for an engineer? Or would a ‘reasonable person’ expect that as a fridge freezer should last longer than this, that if the fault is a manufacturing fault then Comet should stump up?

Or is it my tough luck for not buying an extended warranty?

All advice welcome! Thank you!

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They can ask for payment for a service - it is down toyou to prove the fault exists. However, if it does turn out that the item does nto conform to the contract, they have no right to expect to keep the money.

 

Extended warranties are in addition to statutory rights and canot override them - it does not matter whether a warranty exists. I would go instore and ask to speak to a manager. Ask how they think this could happen otherwise (on the basis that you could not do anything to cause this, in which case the item would not conform to the contract). If the manager refuses to deal, report it to Consumer Direct and mention specifically that you have spoken to a manager.

 

Please keep us updated and we'll take things from there. Good luck!

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  • 1 month later...

Gyzmo,

thanks for your advice, here's the update.

Decided to give Consumer Direct a call as you suggested, best thing i ever did!

The chap i spoke to was very knowledgable and encouraging, he told me not to deal with Comet over he phone any more, but to send a recorded delivery letter to the head office, and to the branch where i purchesed the item.

He provided me with all the apporopriate phrases i would need to include in my letter, and also directed me to the Consumer Direct website where there are template letters you can use.

A couple of days after i sent my letters off, Comet rang me - they'd changed their tune!

An engineer was sent round the next day, free of charge of course, and he inspected and fixed the problem.

what a result!

Thanks for your advice, and i would definitely recommend Consumer Direct too!

cheers x

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  • 3 weeks later...

Hello, can you help me?! I have the same problem with my Hoover fridgefreezer, also from Comet. Im not very good at complaining but cant afford to replace my fidgefreezer! I was wondering if you have a template I could use or any advice to offer. I have looked at the Consumer Direct site but not sure which one I should be using!

 

:confused:

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