Comet - Miele KFN12924SD fridgefreezer broken after two years

[Robert74]

I bought a Miele FF from Comet for £699 in April 2009. It stopped working two weeks ago, just outside the two year warranty. Phoned Comet Customer Service to arrange engineer's visit 4 days down the line, for a £69 call-out charge. Engineer diagnosed blocked fluid circuit and thinks it has to be drained and refilled. He arranges for system's engineer to come and fix it. Engineer 2 arrives the following week and diagnoses a broken diverter valve. Says Comet/OnCall cannot fix that, which renders appliance unusable. Engineer 2 says he will inform Customer Services to arrange a refund for the £69. He also says that they will contact me by Friday (today) to let me know what happens with regards to compensation/replacement etc.

 

Of course, I hadn't received any call by lunchtime today, so called Customer Services again. They only have a refund of the £69 on file, and that the FF cannot be fixed. They know nothing about replacement etc, so need to contact the Service Centre internally and then get back to me. When they get back to me, all they say is that they won't do anything more than repay the £69 call-out charge. Citing the SOGA to them makes no difference, so I ask to speak to someone higher up the chain. They cannot do this immediately, so I am promised a call-back from head office on Monday.

 

Now my question is: where exactly do I stand? What should I demand on Monday? For nearly two weeks I have been without a working fridge or freezer and I desperately need to have this resolved.

 

Do I have to wait for Comet to offer me something on Monday (I doubt they will!), or can I already go out and buy a new FF and then a partial refund of the £699 later on? Do I have to give Comet a written ultimatum before I go out and buy a new FF?

 

I would think that under SOGA, I should get about 80% of the £699 back if they cannot repair it or find a replacement. Reason is that FF should be expected to last 15-20 years, whereas mine packed up after just two.

 

Thanks for any advice!

[Lefty]

I bought a Miele FF from Comet for £699 in April 2009. It stopped working two weeks ago, just outside the two year warranty. Phoned Comet Customer Service to arrange engineer's visit 4 days down the line, for a £69 call-out charge. Engineer diagnosed blocked fluid circuit and thinks it has to be drained and refilled. He arranges for system's engineer to come and fix it. Engineer 2 arrives the following week and diagnoses a broken diverter valve. Says Comet/OnCall cannot fix that, which renders appliance unusable. Engineer 2 says he will inform Customer Services to arrange a refund for the £69. He also says that they will contact me by Friday (today) to let me know what happens with regards to compensation/replacement etc.

 

Of course, I hadn't received any call by lunchtime today, so called Customer Services again. They only have a refund of the £69 on file, and that the FF cannot be fixed. They know nothing about replacement etc, so need to contact the Service Centre internally and then get back to me. When they get back to me, all they say is that they won't do anything more than repay the £69 call-out charge. Citing the SOGA to them makes no difference, so I ask to speak to someone higher up the chain. They cannot do this immediately, so I am promised a call-back from head office on Monday.

 

Now my question is: where exactly do I stand? What should I demand on Monday? For nearly two weeks I have been without a working fridge or freezer and I desperately need to have this resolved.

 

Do I have to wait for Comet to offer me something on Monday (I doubt they will!), or can I already go out and buy a new FF and then a partial refund of the £699 later on? Do I have to give Comet a written ultimatum before I go out and buy a new FF?

 

I would think that under SOGA, I should get about 80% of the £699 back if they cannot repair it or find a replacement. Reason is that FF should be expected to last 15-20 years, whereas mine packed up after just two.

 

Thanks for any advice!

 

Sale of Goods Act

 

I am a "reasonable" person, and I would expect a £700 fridge/freezer to last considerably longer than two years. Your manufacturer's warranty is IN ADDITION to your statutory rights. Comet know this.

 

Cheers

Lefty

[dx100uk]

yep welcome to the great world of comets interpretation of SOGA !!!!

 

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/

 

go get 'em

 

dx

[Robert74]

@dx and @lefty

 

Thanks for the encouragement.

 

Any practical advice on the following:

 

1. What should I demand in the phone call from head office on Monday?

 

2. Do I put myself at a disadvantage if I go out and buy a new FF before having settled anything with Comet?

 

3. Do I risk anything by disposing of the old appliance before having settled anything with Comet?

 

4. Do I have to wait for something from them in writing, or is it enough if they tell me on the phone that they won't fix it and won't do anything more for me.

 

Many thanks!

[Robert74]

Quick update:

 

I did not get the promised call from head office yesterday (Monday). When I queried this with Customer Services this morning I was told that my file states that they attempted to call me, but that the man on the phone could not hear them. Obviously, I did not receive any such call. They went on to promise me a call back today, which again did not materialise.

 

Anyway, I have had enough of this. As my last roll of the dice, I have booked a Miele engineer to look at the FF on Friday. Miele do not think that the FF is beyond an economical repair. I paid £240 for an all-inclusive call-out, with money back guarantee if they cannot fix it. Now there are two scenarios: either the Miele guy can fix the appliance. Then I will request the cost of the repair from Comet. If the Miele guy cannot fix it, then I will buy a new FF and claim £560 of the original purchase price back from Comet.

 

In any case, it looks like I will have to go to the small claims court eventually.

[C-130]

I'd like to say as someone who works in electrical sales and customer service you are jumping the gun here. I wouldn't spend the money without authorisation. Persons do this regularly with currys then try to claim it through courts and our argument is simple and undertsandable:

 

They did not inform us or give us an appropriate opportunity to perform a repair or replacement or meet our obligations under the SOGA. As hard as it is to believe the SOGA is a two way street for us all. It offers consumers and retailers protection.

 

By not giving us the opportunity or whoever the opportunity to look at and repair the machine you deprive us of our rights under the sales of goods act. Now if th miele guys leaves a report which says this fault existed on date of purchase ie inherent you win if not well your pretty screwed.

[dx100uk]

just be a bit careful about the inherent bit,

it does not have to of existed at birth, it something fails since birth, its still covered under soga.

inherent faults are only really relevent where a replacement / refund is talked about.

 

dx

[Robert74]

@C-130

 

Two Comet/OnCall engineers have been to see the appliance and they ultimately said they cannot fix it. Hence Comet have refunded me their £69 call-out charge.

 

I have pressed for a replacement since, but their Call Centre staff deny that Comet has any obligation under SOGA. I am still waiting for a promised meaningful response from their head office.

 

Meanwhile, I have been without a fridge/freezer for almost three weeks.

 

Is it not reasonable for me to arrange a separate repair with the manufacturer?

[Robert74]

Quick (and last?) update:

 

The Miele engineer who came today confirmed that the appliance is beyond repair. I will get the £249 for the RemedyPlus policy back. And, amazingly, they will exchange the broken FF against a new one for free! I will be told on Monday when delivery will take place.

 

Meanwhile, still no call back from Comet head office ....

 

The moral of the story: if just out of warranty, it may well be worth it to contact the manufacturer, especially if it is a well-known quality brand.

 

PS: Tomorrow it will be 3 weeks that I am without a working fridge/freezer.

Edited July 8, 2011 by Robert74

[Lefty]

Quick (and last?) update:

 

The Miele engineer who came today confirmed that the appliance is beyond repair. I will get the £249 for the RemedyPlus policy back. And, amazingly, they will exchange the broken FF against a new one for free! I will be told on Monday when delivery will take place.

 

Meanwhile, still no call back from Comet head office ....

The moral of the story: if just out of warranty, it may well be worth it to contact the manufacturer, especially if it is a well-known quality brand.

 

PS: Tomorrow it will be 3 weeks that I am without a working fridge/freezer.

 

Well done to Miele

 

And no doubt CAG members will make their own mind up about Comet...

 

Cheers

Lefty

[Robert74]

Finally the call back from Comet head office today. The investigation team has "escalated this to the highest level" for me, talking at length to the regional manager. Unfortunately "they have classed this fault as wear and tear", so apart from refunding me the call-out charge, there is nothing that they can do for me.

 

!!!

 

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