Plasma TV Advice please

[Guest Old_andrew2018]

You are certainly being very generous in giving them a last chance to redeem themselves, as you know you are at liberty to issue a county court claim against COMET now.

 

andy

[Fagin61]

Hi Andy,

Yes I know I can take them to court now, but I just want to see if they play ball and offer a repair or replacement. ( nothing else will do ) hence the additional 7 days. Its a bit like a chess game at the mo. But I have only given them 7 days to respond, then its off to court, I said in my letter no further reminders would be given, so the balls in their court.

By the way, you havent got the SOGA wording I can use for my court claim have you. Would be grateful.

Thanks Fagin.

[rob110169]

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.

[Fagin61]

Hi Rob, how long did you have to wait for a court date? and what was the wording re: SOGA you put on the claim form?

Good luck, will be watching with interest, wont be far behind you I think.

[rob110169]

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.

[Fagin61]

Hi Rob, so will a court date follow shortly? How does that work? Thanks for the info re: SOGA. Will be following your case. Good luck.

[rob110169]

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

[Fagin61]

Keep us updated Rob, Good luck. Will be about 7 days behind you.

[Fagin61]

Rob, did you issue the claim against Comet H/O or the branch? Just issuing my court claim today and filing against the branch?

[Fagin61]

Guys, I am intending to issue a claim online now. But as the repair has not happened, can I claim this? or do I claim for the cost of the TV?

[Fagin61]

Sorted. Claiming for the £995 because its money I have already paid out. If the courts want to reduce this for wear n tear and use, then thats fine, hopefully will allow me enough to get the tv repaired. Beginning to understand this now;)

[rob110169]

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.

[Fagin61]

Hi Rob,

Yes issued claim online. I wouldnt worry about Comet defending at this early stage. I would suggest they will leave it as late as possible and then make an offer. Even if it does go to court, again, it would be difficult to see the manager/solicitor defending, when they know if they lose, the adverse publicity it could cause. + plus of course we are in the right! Stay strong, will update u on my case as we go along. Rather would like mine to go to court actually, win or lose, its right against wrong and I will go through with this. Keep me updated.

Fagin.

[skittles6969]

I bough my 50inch phillips plazma from Comet on 18th nov 2006. Didn't use it till June 2008 (Redecorating). It broke down on 22august this year.

I did take out a 5 year Total Product Cover though, at £350. Waste of money!

First visit I was told it needed software update. Bullsh*t. They never rang back when they said they would. They eventually picked it up on 5th September. They don't return my calls and really are ****ing me off with their crap customer sevices.

I heard they were ****, so have recorded the calls, even one including a woman from the complaints department agreeing that the TCP was rubbish. Nice.

I'll never buy anything from Comet again.

 

P.S. Just sent Watchdog a message about it too. Would love a call back! LOL|!

[skittles6969]

UPDATE

 

Comet rang me yesterday(Friday) to arrange delivery of my fixed tv for today. Whoopee!

Go up early this morning and prepared to get it back on the wall. They arrived at 8.20. Great. 3 big burly blokes to help me lift it into positon. Nice.

"Sorry guv. Can't help ya. We're not technicians. Health and safety" etc. The 2 guys who collected it didn't mind helping me down with it. But who cares, my tv's back. They left it on the floor, face up.

Signed the papers, noting to put unchecked on it just in case, and thanked them.

I was like a kid at christmas. Carefully cutting the lovely brown parcel tape to open the hastily wrapped £1500 tv. Screen intact! I was getting really excited now. Could it possibly work when it went on the wall?

Then the bottom fell out of my world. Bottom left hand corner damaged. Big flat abrasion mark! F**K! They've damged it! The Bastards! They knew it was damaged. When my brother came round to help me lift it, we stood it up an found an invoice copy from the pickup, with the condition box altered, stating "damage to lower edge due to dragging." I looked again and sure enough, it's been dragged and handled badly.

The delivery men had made a speedy getaway, suprise suprise, when I found the damaged corner, so I once again phoned customer services. "We'll have to send an engineer out. Tuesday?" I'll have to take time off work, but hell yeah! Had enough now. The repair took 90minutes(Documents enclosed). They had it 2 weeks!

I'll be asking for a full refund of both my purchase(£1500) and the Total Product Care(£350). If they don't agree, I'll take them to the cleaners!

[jezzer1965]

If I may put my 2 pence worth in here. The SOGA which I believe was amended states that the burden of proof lies with the consumer to prove the product was inherently faulty and not fit for purpose from 6 months after date of purchase, and while I agree your contract is with Comet not Samsung you have had 17 months use out of the product and as such it is reasonable for Comet to expect you to contribute something towards the repair,typically this would be 30% of the cost up to 18 months.Of course it is for the court to decide.