Comets turn their back

[rebel11]

Exactly, they trade on the consumer being unaware of their rights. In this instance it's for the retailer to prove the product was not faulty when it was purchased,

in these circumstances the consumer an seek a refund or repair. This is because the product is less then 6 months old.

 

Call center operative: You have to talk to Sony as its outside the first 12 months

Store staff member: You have to talk to Sony as its outside the first 12 months

Store manager: You have to talk to Sony as its outside the first 12 months and only has a 1 year warranty (He completely ignored me quoting SoGA)

Executive team (after email to CEO): We'll inspect it (We normally charge you £50 but as a good will gesture we won't), and repair if found to be inherently faulty. (From this point on there is some understanding of SOGA).

Executive team (after repair failed after 30 days): We'll only inspect and repair and are not required to offer any other method of resolution at this time (When in fact in the second + instance a consumer can claim a partial refund as detailed here)

 

If they are multimillion pound companies, and as you say wouldn't operate outside the law, why is there (from my experience anyway), blatent lack of training / disregard for SOGA throughout most of the company?

[Startkey&Clutch]

Just a quick update to this........

 

We got back from our holidays to find a letter from Comet which basically said due to our inconvenience we could have a replacement!

 

I called them up for clarification and was told to go to the store and a replacement would be given, so we did and it was, unfortunatly the manager wasnt around, I would have been nice if he was seeing as he catagorically said he would not replace it from his store.

 

What a load of trouble this has been when they could have done this in the first place, we will still NEVER use them again no matter what.

[Bazooka Boo]

A good result! Well done, and yes, vote with your feet, I would never use comet again..

[blitz]

Firstly very glad you got a replacement though do want to post a secondly mostly to the site team:-

 

Comet did everything they legally had to offering a resolution for the customer and in no way were they breaching the SOGA. They were happy to examine the goods to determine the fault at their cost and offered a repair. Whilst S.48B SOGA79 starts by saying the the buyer may request a remedy of their choice (repair or replace) sub section 3 stipulates that the buyer may not require the seller to repair/replace the item if it is more costly to replace/repair it.

 

I am quite confused by the continued assertion on S48A(3) which is the reverse proof of burden during the first 6 months as there was never any complaint by the OP regarding it not being inherently faulty. That section certainly doesn't provide any extra rights regarding a refund or replacement, a refund would be dealt with by S35 however for an item used daily I would be in the same court as most retailers by saying a month is reasonable.

 

They did however offer terrible customers services but I just wanted to point out that Comet fulfilled their legal obligations

Edited February 8, 2012 by blitz

[dx100uk]

(for a daily used? item such as a TV a month is a more than reasonable figure for acceptance)

 

nowhere does it state this.

 

in fact nowhere at all are 'resonable timescales' defined in SOGA

 

only that a product should last a resonable time, for a t.v. one would not be unresonable if one expected it to last +3-4yrs.

not pray it goes wrong in one month to be able to ever get it replaced?

 

dx

[Phil2287]

S12345a - don't forget that PG&E were a multi-billion dollar (and are, I believe) energy supplier in the United States and knowingly - according to the judgements made in law - 'working outside the law' for many years, at the physical expense of those in close proximity to their 'plants'. This resulted in several, I believe, multi-million pound judgements.

 

The size of the organisation does not necessarily equate to the morality or legality of the organisation. You only need to look at the issue off PPI mis-sale for that.

[blitz]

however for an item used daily I would be in the same court as most retailers by saying a month is reasonable. ~ my opinion

 

I did say the month period for a daily use item is my opinion with regards to s35(4) of the SOGA. There is indeed no definition on reasonable amount of time which is up to a judge to decide (but I would be on the impression it could easily go either way at that point). This is as you have had enough use of the product to have accepted it into your lifestyle.

 

With regards to the S14 satisfactory goods reasonable period I would be in the opinion of 3 - 5 years (price dependent) for a TV for which you are then entitled to a repair / replace (or if that's not possible feasible reduction in price / partial refund).

 

The two different reasonable periods are on completely different timescales

 

S35

(4) The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.

[GorgieBoy]

(for a daily used? item such as a TV a month is a more than reasonable figure for acceptance)

 

nowhere does it state this.

 

in fact nowhere at all are 'resonable timescales' defined in SOGA

 

only that a product should last a resonable time, for a t.v. one would not be unresonable if one expected it to last +3-4yrs.

not pray it goes wrong in one month to be able to ever get it replaced?

 

dx

 

Interesting regarding timescales which are not defined under SOGA with regards to this particular type of common problem with brown goods.

 

S35

(4) The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.

 

 

It would seem to be the case it is the retailer that decides that the time scale is 28 days , one of the main reasons for this in many cases the retailer can obtain a credit from their supplier on goods that are returned as faulty within a 28 day period after that they are stuck with them.

 

This time scale it would seem is used as the benchmark for all sales with regards of replacing or refunding brown goods purchased especially from COMET , after the 28 days from purchase has passed customers will face a more difficult experience as the retailer will in most cases want to examine and carry out a repair to the product ,

while quite understandably the customer would request a replacement or a refund especially when the product is less than the other timescale mentioned of 6 months .

 

Once again until something is written in stone regarding timescales and faulty Brown goods as in this case customers will continue to get the run around and in many cases face weeks of being without their product which was purchased in good faith .

 

Until these retailers get their act together regarding customer service AFTER a purchase has been made things will continually to be very poor and customers will seek elsewhere for their next purchase ,

as the many posts made here on CAG will confirm .

Edited February 8, 2012 by GorgieBoy

[katsayce]

How To Complain To Comet UK

 

In Writing:

 

John Clare, Chairman (since February 2012)

Bob Darke, Managing Director (since May 2011)

 

Comet Group Plc

Criterion House

George Street

Hull

HU1 3AU

 

Director’s Office Phone:

 

01482 592442

 

Email:

 

bob.darke@comet.co.uk