Comet refuse to repair laptop

[miniconverter]

Bought a laptop from comet about 8 months ago which has now developed a fault on the DVD/CD drive so toke it back to comet for repair. They refused point blank to accept the laptop for repair and insisted that as it was covered by manufacturers warrant I must contact the manufacturer.

 

As they had refused to accept it for repair I then told them I rescind the contract and required a full refund, this was also refused.

 

I have written to the comet store involved again rescinding the contract and giving them 7 days to issue a refund or court action would be taken.

 

Comets customer services have contacted me twice by telephone insisting I must contact the manufacture as it is the manufacturers responsibility not comets.

 

There 7 days where up on Thursday and today I received a letter from comet customer services which again says I must contact the manufacturer.

 

I have a N1 sat here waiting to be filled in and am looking for the best way to word the section brief details of claim and the Particulars of claim.

 

Any help would be appreciated as wording thinks like this aren't my strong point

[JonCris]

You do not have a contract with the manufacture. Your contract is with Comet & it's they not the manufacture who must sort it out.

 

However before taking court action I suggest you contact your local Trading Standards. Oh when Comet do accept it, as they eventually must, don't pay anything not even 'shipping' costs

[miniconverter]

Not going to bother with trading standards as they allways take for ever to do anything.

 

Would much prefer to just take the direct court route as I am feed-up with big companies thinking the can push the individual about. In fact was told in store by comet that the SOGA doesn't apply as there policies are better. Lets see what a judge has to say about that

[JonCris]

Not going to bother with trading standards as they allways take for ever to do anything.

 

Would much prefer to just take the direct court route as I am feed-up with big companies thinking the can push the individual about. In fact was told in store by comet that the SOGA doesn't apply as there policies are better. Lets see what a judge has to say about that

 

Who tells them this rubbish. Still suggest that even if your going the court route (which is civil) that you report them to TS as their conduct may be criminal & only TS can take that up Also even if they don't do much they can't allow them to get away with telling such blatant lies without doing something

[miniconverter]

Will let trading standards know as it may help others.

[JonCris]

PS which Comet branch is it??

[miniconverter]

Rotherham, but customer services in Hull also say it's not there responsibility which they have confirmed in writing

[JonCris]

What it's not the shops responsibility! I despair if these TS Muppets sometimes. Tell them to buy a copy of the statute

[JonCris]

Sorry do your mean Comet have confirmed in writing they are not responsible??....... if so it shows just how stupid they really are

[miniconverter]

Yes comet have confirmed in writing it's not there responsibility. The letter came from the person in customer services that had spoken to me on the phone. He is obviously not very bright as the letter I sent to comet contained the following line "If you are unsure of the content or the implications of this letter I suggest you seek legal advise." didn't read it or there legal advise isn't to good

[JonCris]

The trouble is that these Muppet's are taken on by the likes of Comet & despite all the evidence to the contrary in the media they believe what their bosses tell them. They really are the ones that if told "jump off the pier" actually would

[Lula]

that is the letter thst you need to forward to trading standards. and i bet that they have a jolly good chuckle aout it too

[JonCris]

I agree with Lula send a copy to TS

[miniconverter]

I will talk to trading standards in the morning and let them have a copy of the letter if they want it.

 

Will still pursue them in court as it's more fun plus when I told the man at the comet store I would take them to court he said he doubted I would get very far, think he didn't believe me.

[JonCris]

I will talk to trading standards in the morning and let them have a copy of the letter if they want it.

 

Will still pursue them in court as it's more fun plus when I told the man at the comet store I would take them to court he said he doubted I would get very far, think he didn't believe me.

 

 

You'll "talk to them! & if they ask for it":confused:

 

Put your compliant in writing enclosing a copy of the letter. Don't wait to be asked

[miniconverter]

Have just spoken to trading standards. What a waste of time the women couldn't understand what my problem was as accer would repair it for me didn't get the fact that my contract of sales was with comet and nobody else.

 

No wonder the likes of comet get away with this on a daily basis when the people who are supposed to protect the public don't have a clue about something as simple as this.

[JonCris]

Typical. Ask to speak to someone senior & tell them their staff appear to have little understanding of the law they are supposed to be enforcing.

 

Explain what you know to be correct in law & what their staff member has told you.

 

If your talking on the phone I do hope your recording the conversation because if not when questioned they will lie to protect their jobs

[JonCris]

If they still refuse to act send them a copy of this

 

Trading Standards Central - Consumer Advice Leaflets

[JonCris]

This sets it out so even they can understand

 

Trading Standards Central - Consumer Advice Leaflets

[miniconverter]

I will complain in writing to trading standards then hopefully there will be more chance of them looking at what was said. perhaps trading standards has a "training issue" at least that's what I think the term is when a cock up is made or somebody can't be arsed to do their job

 

In the mean time I will carry on with my court claim

[miniconverter]

Just a quick update to let people that are interested know whats happening.

 

Had to go down the court route as Comet are a waste of space and trading standards are about as much use as a chocolate fireguard.

 

Anyway Comet had till yesterday to acknowledge service so rang the court this morning and they have neither acknowledged service or filled a defence, so filled in the bit on the bottom of the notice of issue went straight to the court to apply for a default judgment.

 

Was told by the bloke at the court they have a working target of 5 days and where keeping to that at the moment so hopefully should have a judgment in about a week.

 

So fingers crossed all should be good in a few days. Will let you know what happens when something does.

[Conniff]

Time for an update mc.

[miniconverter]

Not much to update really just waiting for judgment by default. Will let you know as soon as anything happens. Hopefully by the end of the next week.

[miniconverter]

Got a judgment for claimant (in default) yesterday which says the following along with all the other bits

 

You must pay the claimant a total of £***.** forthwith

 

Now my understanding of forthwith means immediately and without delay. So yesterday teatime gave them a ring and asked for the money but this just sent them all into some kind of panic attack.

 

This morning I have rang again and asked to speak to the store manager as I was told he would be in this morning. Surprise surprise he couldn't come to the phone so had to speak to one of his side kicks that passed messages back and forth to him.

 

The jist of the conversations was they won't be dealing with it and it is up to head office to sort it out but the judgment is at the store address as that is where the contract of sale was.

 

I have told the chap I spoke to that if I haven't received full payment by 10am on Tuesday 31/3/2009 I will go to the court and apply for a warrant of execution which will add further costs. Also that if they then don't pay court appointed bailiffs will call and remove goods from there premises.

 

Now for a question if the judgment is forthwith can I apply for a warrant of execution immidiatley as I believe I can and should I wait till Tuesday or go and do it Monday

[JonCris]

forthwith means now not when they choose. it will take a little time to organise so go for the warrant now