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LifeandSoul

Store 'disposed' of my appliance

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A few months ago I purchased a fridge/freezer from Comet. At the time I was having my house rebuilt (still am!) which included the kitchen. It was at the planning stage and we needed to choose a fridge/freezer so the kitchen could be built around it. We chose one and Comet agreed to keep it for us until we were ready for delivery. We bought and paid for it in full. They called me from time to time for an update and I advised them the kitchen was not ready and they recorded it on their computer. Last week I got a call from Comet to advise they had discontinued the appliance and my order had been disposed of! They advised I could choose another from them or I could get a refund in full, plus as a gesture of goodwill they would give me another £150. I asked them to advise if they had another appliance that was the same dimensions and specification (It had to be black and the chiller/water dispenser to be on the door of the freezer giving more freezer storage space). They could only give me one option but it was not suitable. However, I have found my original appliance online with another site but for more money. I spoke to Comet to advise the option they offered was not suitable as it was not the same dimensions. I told them I had seen the original elsewhere for more money and advised I would like them to reimburse me the cost of replacement with the other store. They then told me they would only give me a refund of what I had originally paid, but went back on what they told me regarding the £150 offer of goodwill!

The appliance with the other site is £250 more and yet they were offering me another appliance with Comet that was £300 more! This is absurd especially as it was their error. I should have been contacted either by letter or phone to advise they were discontinuing my appliance and to be given option of having it delivered or cancelling. NOT just cancel without notification as it was bought and paid for in full. Can anyone advise where I stand with this?

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If I understand the situation correctly you had bought and paid for this appliance and Comet had agreed to store it for you until needed. If they subsequently disposed of this item then they were clearly in breach of contract. In addition as the item was legally yours it was not Comets to sell. I would put these points to the manager of Comet. It is up to them to replace the item from where ever they can. Remember that they legally agreed to supply this to you and it is through their negligence that this problem has arisen.

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They have sold your property and therefore must replace it at their cost from whatever source. You have to take them to court but hope it does not come to that.

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I think you have a decent claim providing you can prove that they agreed to hold on to it and store it for you free of charge and the reasons why (as opposed to just being difficult when it came to arranging delivery or other such spurious argument to cover up ineptitude) but I doubt you'll get anywhere with the store. I think it likely that you'll end up in court.

 

the reason for the different offers. Assume a purchase price of £1000 for fridge.

 

Their cost price, maybe 600 tops, plus gwg of 150, their total cost - 750.

Paying you to buy elsewhere, same cost, 1000

Paying to to buy elsewhere, plus difference - 1250.

 

Hence the reticence from the store...

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