Help - returning faulty items to comet ***Resolved***

[jussiep]

Hi

I bought a TVDVD from Comet, its just 20 days old and the DVD has broken. When I returned to Comet I was told that their policy is to send it a way to test before they will repair/replace. They tested in the shop and confirmed that it was faulty but said that they still had to send away to confirm. I asked for a replacement as it was only 20 days old and was told no until it had been tested and then they would contact me to discuss. Surely I have more rights than this? They also said that the policy on returns differs depending on the product purchased, I asked why customers are not told this and they said they were under no obligation to advertise this in the store.

Is this correct, do I have to wait up to 2 weeks (this is what they said) before they tell me what they are prepared to do?

[ims21]

Hi

 

Your item is less than 28 days old so you are entitled to a refund or replacement under SOGA

 

Be aware that Comet will try everything to fob you off but keep at them and you will get what is right

 

Have a read of some other Comet threads to get up to speed

 

ims

[rebel11]

Hi jussiep

 

Welcome to CAG

 

Have a read of 12 and 13 in my signature. Tell them the product needs to be replaced immediately, under the Sale of Goods Act. Tell them if it isn't replaced you will lodge a court claim against them. If they still want to play stupid, get them to ring Bob Darke, Managing Director. Once they get through to him, say that you've explained SOGA to the staff at the store, but they don't seem to understand, can he explain it to them. Explain that the store have tested it, it is 'faulty' and as such needs to be replaced. If they don't replace it, ask for a refund, shop elsewhere.

 

Thread has been moved to the correct forum.

[jussiep]

Thanks for your advice. Have spoken to comet and they say they may replace it but only after it has been tested to confirm that it is faulty, this can take up to 2 weeks. Spoke to thier head office and they say the same thing. They have not refused at this stage to replace it but that it has to be tested first. It didnt work in the store as its faulty but when I said that to head office they told me that the store staff arent qualied to make that decision and it still needs to be sent away. I am without a TV while this is happening. is it worth me ringing the MD or am I wasting my time until the results of the tests come back? It seems bad to me that after 20 days I have all this hastle

[ims21]

They tried all this drivel with me... and they will carry on with this nonsense if you let them......here's the process to resolve this

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?333744-Comet-Dishwasher-SOGA-*****-Success-but-only-after-LBA-*****

 

ims

[rebel11]

Hi Jussiep,

 

At this stage would you be happy to get a Refund? If so how did you pay?

 

If you paid by Credit Card or Visa Debt contact your card provider, ask to do a Chargeback.

 

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

 

They've got the product back, you get your money back.

[jussiep]

Hi Rebel11

Tried ringing Bob Darke, Managing Director he doesnt take phone calls from customers. Must be in writing.

thanks for the name though

[s12345a]

Hi

I bought a TVDVD from Comet, its just 20 days old and the DVD has broken. When I returned to Comet I was told that their policy is to send it a way to test before they will repair/replace. They tested in the shop and confirmed that it was faulty but said that they still had to send away to confirm. I asked for a replacement as it was only 20 days old and was told no until it had been tested and then they would contact me to discuss. Surely I have more rights than this? They also said that the policy on returns differs depending on the product purchased, I asked why customers are not told this and they said they were under no obligation to advertise this in the store.

Is this correct, do I have to wait up to 2 weeks (this is what they said) before they tell me what they are prepared to do?

 

Correct me if i'm wrong, but does the retailer not have the right to have the product tested/ inspected by a qualified engineer for the fault under SOGA before a refund or exchange is handed out???

[GorgieBoy]

More gobblygook , the Retail Store CAN confirm that the product is faulty which is not rocket science . (But they do not want to)

 

As for qualified Engineers very soon a thing from the distant past with regards to COMET.

 

The product is twenty days old and has failed the customer is entitled to an exchange or refund with immediate effect even in COMETLAND.

 

Someone please tell them !

[rebel11]

To be honest, 'the retailer' did not test the product when they received the product from 'the manufacturer', so why they would want to test it now, I'm not quite sure.

 

Correct me if i'm wrong, but does the retailer not have the right to have the product tested/ inspected by a qualified engineer for the fault under SOGA before a refund or exchange is handed out???

[jussiep]

Comet did test in store and confirmed that it is faulty but still said they need to send it away for testing to confirm, what the point in that is I dont know other than to delay things.

Phoned again and was told that if it is confirmed faulty then they would give me my money back but have to wait for this test. Thats what head office said but will find out what the store says when they come back to us. Head office did say that the store managers decision is final.

thanks everyone for your advice here, its very much appreciated.

Apart from phone calls and letters I am still nowhere so have to wait for the test results and then fight on from there. Will go to bank and put payment into dispute if no money is forthcoming following tests as they now have the product.

Will definatley never shop there again

[GorgieBoy]

Hi jussiep ,

 

Follow the advice given by ims and rebel.

 

I am afraid that due to the massive changes going on at COMET just now it seems that ignoring SOGA seems to be top of their list .

 

YES the Retail Store could and should replace or refund but once again it comes down to figures and statistics as the Retail Store takes the hit for replacing your product so therefore any barriers they can put in place they will erect.

 

Not good at all , that is one of the reasons COMET will not be on the go for much longer and their customer service is declining rapidly when many thought it could not get any worse.

[ims21]

Comet did test in store and confirmed that it is faulty but still said they need to send it away for testing to confirm, what the point in that is I dont know other than to delay things.

Phoned again and was told that if it is confirmed faulty then they would give me my money back but have to wait for this test. Thats what head office said but will find out what the store says when they come back to us. Head office did say that the store managers decision is final.

thanks everyone for your advice here, its very much appreciated.

Apart from phone calls and letters I am still nowhere so have to wait for the test results and then fight on from there. Will go to bank and put payment into dispute if no money is forthcoming following tests as they now have the product.

Will definatley never shop there again

 

 

You are letting them take control and letting them tell you what is going to happen.

 

This will drag and drag unless you do something proactive

 

ims

[assisted blonde]

I was under the impression that there is no right to a replacement just a refund under SOG. That said the goods are not fit for purpose and the customer should get a refund.

[GorgieBoy]

I was under the impression that there is no right to a replacement just a refund under SOG. That said the goods are not fit for purpose and the customer should get a refund.

 

I would suggest an immediate replacement or refund should be the norm regarding the product in question in this thread , the product is 20 days old and has been confirmed as faulty by the retailer .

 

The retailer does not want to refund or exchange at this moment in time either way they are ignoring SOGA.

 

jussiep bought this product in good faith had a refund been offered in the first instance he either purchases another similar product from COMET or shops elsewhere.

 

It is in the best interest of COMET to replace the product which results in a happy customer so therefore he may return and shop again.

 

Unfortunately at this moment in time neither option is available and as a result another lost customer to be added to the list .

Edited March 4, 2012 by GorgieBoy

[sneaksms]

I was under the impression that there is no right to a replacement just a refund under SOG. That said the goods are not fit for purpose and the customer should get a refund.

 

The additional rights for buyers in the SOGA state that the buyer has the right to request a repair or replacement, if this is not possible then the buyer has the right to rescind the contract. It just depends whether the OP is going to claim under s13 or s48

[s12345a]

To be honest, 'the retailer' did not test the product when they received the product from 'the manufacturer', so why they would want to test it now, I'm not quite sure.

 

Thats because the retailer will accept that the manufacturer has tested the item before shipping it to them. Comet may be a little over the top by sending it to an engineer for an inspection of the fault, but legally they have every right to do so (even under SOGA). They are not refusing a refund and the OP will probably get their refund however i'm sure they recieve lots of customers who make up faults with their products and try returning them hence why they have this strict process in place. Im not suggesting that this is the case in this instance though and im sure Comet could use some discretion in the matter.

[rebel11]

So the 'Retailer' hasn't tested the product before selling it to a consumer?

 

Thats because the retailer will accept that the manufacturer has tested the item before shipping it to them. Comet may be a little over the top by sending it to an engineer for an inspection of the fault, but legally they have every right to do so (even under SOGA). They are not refusing a refund and the OP will probably get their refund however i'm sure they recieve lots of customers who make up faults with their products and try returning them hence why they have this strict process in place. Im not suggesting that this is the case in this instance though and im sure Comet could use some discretion in the matter.

[s12345a]

So the 'Retailer' hasn't tested the product before selling it to a consumer?

 

Most probably not, as the manufacturer of the item has tested it before shipping it to them. They probably do random spot checks on their products but they don't test each and every item.

[GorgieBoy]

With regards to this particular thread COMET the retailer HAVE inspected this product and have confirmed the product is faulty !!

 

This though it would seem is still not enough for them to give an immediate refund or exchange in COMETLAND

 

The product is 20 days old and jussiep is still getting the runaround .

 

As I have stated earlier follow the advice given by ims and rebel or we will be here for ever .

 

And please no one say it must be inspected and confirmed faulty by a " Qualified Comet Engineer" before any further action can be carried out .

Edited March 4, 2012 by GorgieBoy

[ims21]

.

 

As I have stated earlier follow the advice given by ims and rebel or we will be here for ever .

 

And please no one say it must be inspected and confirmed faulty by a " Qualified Comet Engineer" before any further action can be carried out .

 

Oh and it must be inspected and confirmed by a Quali.......

[rebel11]

Hi juss

 

You could fire off an e-mail to Comets, asking them on what date did they check your particular product? And if they didn't check it, how do they know the product wasn't faulty?

[rebel11]

Sorry, I'd make sure the product was in full working order before I sold it, random checks just doesn't work for me. It wouldn't stand up in court.

 

Most probably not, as the manufacturer of the item has tested it before shipping it to them. They probably do random spot checks on their products but they don't test each and every item.

[assisted blonde]

Being Realistic i wouldnt expect a store to check every item before selling it, if you are concerned you can always ask them to check it before you leave the store. Anyway how would they check things like washing machines? Its a sad fact that sometimes stores dont always respond in the way we would like but we dont always go in with a clear picture of what we want, If this customer had stood her ground and asked for a refund they may have agreed just to avoid a confrontation in the store in front of other customers. i am sure the situation will be resolved eventually but a letter stating that the delay/action taken was unacepptable shoule be sent to the head office as without knowing what customers experience they cant rectify their systems.

[rebel11]

So, what your saying is that we the consumer, should buy products from the retailer on 'trust', it's surprising that when the consumer says, 'the product doesn't work', the stores tests it, it doesn't work, it has to go away to be tested, where's the 'trust'?

Being Realistic i wouldnt expect a store to check every item before selling it, if you are concerned you can always ask them to check it before you leave the store. Anyway how would they check things like washing machines? Its a sad fact that sometimes stores dont always respond in the way we would like but we dont always go in with a clear picture of what we want, If this customer had stood her ground and asked for a refund they may have agreed just to avoid a confrontation in the store in front of other customers. i am sure the situation will be resolved eventually but a letter stating that the delay/action taken was unacepptable shoule be sent to the head office as without knowing what customers experience they cant rectify their systems.