Comet - Small Claims Court

[rob110169]

Could anyone advise on the following please:-

 

I purchased an LCD TV 19 months ago from Comet at a cost of £950. I didn't take out an extended warrenty and the TV has recently developed a fault. I wrote a letter to Comet quoting the sale of goods act. Comet arranged for an engineer to visit who confirmed that the LCD panel would need replacing at a cost of £870. Comet would be prepared to contribute 70% of the cost leaving me to pay £260. Having spoken to consumer direct they advised that as the fault was latent and not down to wear and tear I should not have to pay anything. I conveyed this information to Comet both via phone and in a second letter. Comet are refusing to budge and after a conversation with the store manager to try and sort things out he says they will not do nothing unless you take them to court.

My only option now is small claims court but my question is what / how much do i claim for? The whole £870, £260 or some other amount.

I am amazed that they actually want to repair the TV at all ... I have tried countless times to come to some sort of arrangement, asking if they would contribute to a new TV as opposed to repair but Comet's investigations department have been most unhelpful.

 

Any advice on what to do / if you think I have a case would be greatly appreciated.

[diamondgirl]

Sorry I'm not up on this but I'm sure someone will be along soon who can advise. Good luck.

 

I had probems with a tv bought from curries and I took out the warrenty, I had the tv repaired a couple of times, it was taken to workshop (away for 3 weeks without a replacement) brought back, said it was okay, kept calling them out because it wasn't, I was basically told by an engineer when he visited that I didn't know what I was talking about this senario was over approximately 2 years. Next I new I phoned up again and was told my policy had been cancelled by my bank, rubbish. You see it appears to be normal practice these days for them to try and get away with it.

 

DG

[foolishgirl]

Your right to replacement/repair comes under the SOGA. Basically

the goods must be as described; they must be of satisfactory quality, which is determined by description, price, durability, freedom from minor defects and fitness for common purpose; and they must be fit for that purpose.

 

In addtion to that All EU countries have to ensure a retailer could be held liable for all 'non-conformities' which manifest within two years from delivery under EU directive 1999/44/EC.

 

IMO I would say that if a £950 TV requires £870 worth of repair in such a short space of time, Comet would fall foul of both act & directive.

 

I suggest you write to the Comet head office, briefly outlining your case & drawing their attention to the above legislation giving them 14 days to effect the repair without charge or replace the TV, warning them that failure to do so will result in a claim in the county court without further notice. Then issue your N1 for the cost of the repair immediately after the deadline. I think you will find they may pay up.

Edited August 17, 2009 by foolishgirl
addition

[rob110169]

Thanks for the advice foolishgirl ... would you issue an N1 for the entire £870 as they have offered to pay £610? I have already given them another chance to replace / repair the TV saying if they didn't I would take action. They didn't even bother to respond.

[foolishgirl]

Before you issue a claim you should get an independent assessment/quote for the work & you should have it carried out before you claim - you can only claim for an actual loss not a potential one. Keep all the quotes, invoices etc. Then claim the full cost of the repair & add a clause along the lines of 'sum for compensation in recognition of the inconvenience, time to resolve the issue etc. to be decided at the court's discretion' - you don't have to put a figure on that but the DJ will expect some guidance from you if it gets to a hearing. If Comet want to settle prior to hearing, add on an amount yourself to negotiate around. However don't discontinue until you get their cheque cleared.

 

If you have already sent an LBA giving them a deadline, just go ahead & issue your claim.

 

Some companies nowadays seem to have a policy of not taking a complaint seriously until they get the summons, maybe Comet is one.

[rob110169]

Thanks again for the advice foolishgirl - apologies for all the questions but I want to get the matter sorted with the minimum of cost.

 

Would you advise accepting Comet's offer and paying the £260 towards the repair cost and then making a claim for that?

 

Could I make a non monetary claim, i.e. for a replacement / repair at no cost - if so how would i do this?

 

Thanks agains for your help so far

[foolishgirl]

It's up to you if you want to accept Comet's offer to repair & then claim the 'excess' but if you did so, I think you should make them aware before they repair it that this is your intention; in fact they might insist on you paying the £260.00 upfront & a signing to the effect that in accepting the repair it fulfils their legal duty.

 

As I said before, you can't make a claim for a potential loss, so you would need to get the repair effected & then claim the cost.

 

I know you have spoken to consumer direct but have you tried your local TS dept. - they might be able to put the pressure on with a threat of prosecution.

[rob110169]

I have spoken to the local TS and they said they are unable to offer first line advice as this is now the job of consumer direct - bit of a catch 22 really.

 

Is it possible to get a ruling insisting that they repair or replace the TV?

[foolishgirl]

If you are just looking for an order to repair your TV, I think you would probably apply under Part 8 procedure. (See CPR 8) You use form N208 but refer to the CPR for directions for completing etc. as it has to state that you are making the application under Part 8. You cannot use this procedure for a monetary claim.

 

However before you do so, suggest you get a second opinion on your TV & all the docs. necessary to support your claim. I would also drop a line to Comet informing that you are proceeding with this within 7 days unless they repair your TV foc.

 

Also be aware that the DJ might not rule in your favour & Comet may then apply for costs.

[rob110169]

sounds like paying the £260 and forgetting about it may be an easier and ultimatley cheaper option as I may not win the case

May try one last letter to see if I can get somewhere though I have already said that I have spoken to consumer direct and citizens advice but they have stood their ground. Any advice on some legal things to state in the letter to shake them up?

 

Many thanks for all you help foolishgirl - much appreciated.

[rob110169]

I have issued a claim against Comet, see thread entitled Comet - small claims court. They have filed and acknowledgement of service - does this mean they are going to defend the case?

[Lula]

you should really still to your own thread, ask a mod to put this posting there too. It is just an acknowledgment, doesnt mean that they are going to defend, but it doesnt mean that they wont either, you should carry on as though they are. hit the red triangle and ask this post be moved

[maroondevo52]

Two threads merged.

[rob110169]

Hi - got the acknowledgement of claim from he court this morning. Comet have ticked the box saying they intend to defend the whole claim. Can anyone tell me what will happen now? will i just be told a date to turn up in court?

[foolishgirl]

They will say they are going to defend. It's standard procedure of big companies as it buys them more time to pass to their legal dept. & submit a defence if that is what they intend or settle with you (IMO more likely).

 

If they defend they have to do so within 28 days of the date of service of the summons. You will receive a copy of that defence & be asked to submit a fee (if applicable) for a hearing. If you do not request a hearing you may have the claim struck out. If they don't defend in the time period you can apply for judgment & get an order from the court for them to pay up.

 

I suggest you purchase the 'Small Claims Court Guide' advertised at the top of this page if you are unsure on procedures. It is very clearly written & the proceeds from the sale go to support CAG.

[Conniff]

What have you claimed rob?

[rob110169]

I have claimed the full cost of the repair, £868 plus court costs and interest

 

The detals I completed on the N1 form are:

 

On 29/12/2007 I purchased an LCD TV from Comet for £939.99. In July 2009 the TV developed the following faults:-

· Thin red line on the right of the screen

· Dark section on the left of the screen

An engineer has inspected the TV and found the LCD panel to be faulty. The repair cost is £868.79. After several correspondences Comet are only willing to offer 70% of the repair cost, with the repair itself only being guaranteed for 3 months.

Under the Sale of Goods Act 1979, section 14, I consider the TV not to be of satisfactory quality and fit for the purpose made known and would like to claim a free of charge repair or replacement.

[rob110169]

Quick update

 

Coment have just posted that they are going to defend the claim so it looks like we are going to court - will let you know the outcome.

 

Any advice on how to handle the claim in court greatly appreciated ...

[foolishgirl]

All big companies will initially say they are going to defend - it gives them more time to settle/pass to their legal depts.

 

They have 28 days from receipt of the summons to submit a defence. If they don't do so you should apply for judgment against them immediately. This will then enable you to enfoirce the judgment if they don't pay up.

 

If they do decide to defend, post up the defence for further opinions from CAGers on how to proceed.

[rob110169]

Have just got the defence from Comet, they say:-

 

Having had full use of the TV until July 2009 we aver that the fault was not there at the time of purchase and therefore the claimant is not entitled to a free of charge repair

 

The sale of goods act does not entitle the claimant to a free of charge repair as it is not intended as a guarantee. We aver it may entitle him to compensation in the form of a repair at a reduced cost but only if the problem is associated with a major component failure. Accordingly we believe that by offering to carry out the necessary repair at a reduced cost we have met our obligation under this act.

 

The claimant is attempting to claim £868.79 in respect of the cost of the repair. This claim in denied as the claimant has not incurred this cost and therefore put him to strict proof of his claim.

 

In view of the above we deny we are liable for the amount he is attempting to claim in respect of interest

 

Having had the tv since December 2007 we aver that based on the time the claimant has accepted the tv and therefore waived the right to now reject it and obtain a refund

 

We deny the tv is not of satisfactory quality and put the claimant to strict proof of this allegation

 

We deny we are liable for the sum claimed or any amount and put the claimant to strict proof of his claim

 

 

As far as I can gather I have incurred loss as I have purchased a tv that does not work properly.

 

With regards the latent defect - I have copies of threads from various technical forums of people who have had exactly the same fault. There is even a person who purchased the same tv from comet which developed the same fault which comet then wrote off and replaced. The only difference being they had a extended warranty.

 

Any advice please ....

[foolishgirl]

Hi rob

 

As requested I've included my comments below FWIW. They may not be what you wanted to hear buy they are only my opinion, others may differ.

 

 

The sale of goods act does not entitle the claimant to a free of charge repair as it is not intended as a guarantee. We aver it may entitle him to compensation in the form of a repair at a reduced cost but only if the problem is associated with a major component failure. Accordingly we believe that by offering to carry out the necessary repair at a reduced cost we have met our obligation under this act.

 

Correct in as much as SOGA is not a guarantee. However you have also the EC directive 1999/44/EC to fall back on!

The claimant is attempting to claim £868.79 in respect of the cost of the repair. This claim in denied as the claimant has not incurred this cost and therefore put him to strict proof of his claim.

 

I think I mentioned in a previous post that you can only claim retrospectively (i.e. after the repair has been undertaken) & if I was the defendant this would be my position too - where is the bill??

In view of the above we deny we are liable for the amount he is attempting to claim in respect of interest

 

You are entitled to stat. interest (8%) but only from the date you have paid out for the repair.

Having had the tv since December 2007 we aver that based on the time the claimant has accepted the tv and therefore waived the right to now reject it and obtain a refund

 

Under SOGA yes, under EC no! Suggest you read up on the contents of the directive.

We deny the tv is not of satisfactory quality and put the claimant to strict proof of this allegation

 

This is where the other reports of similar instances you mention could be produced to back up your case.

We deny we are liable for the sum claimed or any amount and put the claimant to strict proof of his claim

 

 

As far as I can gather I have incurred loss as I have purchased a tv that does not work properly.

 

You may have incurred the loss of your TV but this is not what you claimed for - you claimed for a repair. If you commence legal action it has to be on the correct grounds or you will find it difficult if not impossible to pursue effectively.

[rob110169]

Thanks foolishgirl

 

I am doing some research into the 1999/44/ec directive but what i have found so far is that its a bit misleading in that it only applies to member states of which Comet isn't one. Also directives can't be enforced against private parties something about 'horizontal direct effect'.

 

In your opinion is the claim worth going ahead with due to the fact I have cliamed for a repair which I haven't had done - will the judge throw it out.

 

I have been advised by a friend to try mediation but not sure if comet will play ball. The only other thing I could try is a comprise to try and get them to extend the length of guarantee on the repair.

 

As ever your thoughts would be greatly appreciated ...

[foolishgirl]

Thanks foolishgirl

 

I am doing some research into the 1999/44/ec directive but what i have found so far is that its a bit misleading in that it only applies to member states of which Comet isn't one. Also directives can't be enforced against private parties something about 'horizontal direct effect'.

 

Not used this directive (as yet!) but member state refers to the UK I think, not Comet . However you may have to go thro' TS to enforce it. Sorry I don't know for sure.

In your opinion is the claim worth going ahead with due to the fact I have cliamed for a repair which I haven't had done - will the judge throw it out.

 

Very possible I fear.

 

I have been advised by a friend to try mediation but not sure if comet will play ball. The only other thing I could try is a comprise to try and get them to extend the length of guarantee on the repair.

 

No harm in trying every avenue. At the moment it looks as though you may have to discontinue or face a judgment & costs against you. But if you are convinced you are right, carry on - it's your decision.

 

FG

[reuben23]

Hello Rob11, what was the outcome of your case?

[rob110169]

I ended up dropping the case against Comet as Toahiba agreed to give me a refund on the TV. Shame they couldn't have done this earlier to save all the hassle - thumbs up to Toshiba but I won't be going to Comet for a while.