comet extended warranty help, please

[unhappyandconfused]

I bought a prestige prt325ffcs fridge freezer for £405 from comet in may 2008 and also bought the extended warranty. i had trouble with the unit within 2 weeks of purchase but when i rang comet repairs service they refused to come out and said i should poke a wire down the back. unit finally broke down in november last year. after 7 repair visits (inc missed appointments, one where the repairer had to use my phone to ring for assistance/advice, and then a re-gas when they had to borrow my kitchen scales as they had none!) it aws finally written off. Only then i recived a letter stating

"under the terms and conditions we are pleased to offer you an equivalent replacement.

you current product is no longer available however, we have selected the nearest equivalent model..."

offering me a prestige prt265ffw, which is worth £299, the only similarity to my last model is that it is manufactured by prestige (completely lesser spec, diff. colour, diff. capacity etc)

i complained and aws offered the purchase price in vouchers. yay! thinks i, and toddle off to my local comet store, where i see for sale a prestige prt325ffcs! confused i phone comet and am told that there has been an error, i should let the warranties dept know that my existing model is still available and that i want that one. warranties dept says "small print on your warranty states that replacement is only up to original purchase price" My model is currently marketed at £649.

Can anyone offer me any help or advice? when i bought the warranty i am sure i was told that if it broke down the policy covered me for a new one? i cant find my certificate of insurance but have my policy number, the bloke in the warranties dept has refused to send me a copy.

I have five kids, no fridge or freezer as it is colder in my house than in the unit and am expected to make a round trip of 30 miles to pick a lesser spec model up to £405 or accept the model they offer worth £299. to add to all this my car has broken down for the 5th time this month and i have no transport. aaargh!

[MaxxPower]

I would have thought that clause only applied to a replacement that was a different make/model. Surely the standard part of any warranty is supposed to be a like for like replacement if the same product is available.

 

There'll be some more knowledgeable experts along, but for now I might suggest contacting CAB and see what they say.

[blitz]

Screw the warranty tbh, (unless its not a breakdown, in case ignore the below)

 

After all of that you are entitled to a replacement under the Sales of Goods Act 1979 (As amended) as it is clearly not of satisfactory quality. As a note if you do want to go down this route I can't guarantee its going to be quick.

 

If your calling (though I do suggest everything in writing too) phone up customer services telling them that there warranty is a sham (you can miss that point out if you want) and that you are LEGALLY entitled to a replacement under section 48B of the Sales of Goods Act. You are entitled to a replacement as a repair is impossible, but a replacement is not.

 

Failure to uphold your statutory rights and you will have no option but to take further legal action and report the incident to trading standards (I would anyway). (You can also add that the warranty they have provided seems its not worth the paper it is written on, and if this how they treat customers you might as well shop elsewhere in the future)

 

Sorry not in a good mood today, the legal stuff is correct, you can leave out my rants.

[dx100uk]

can i suggest you contact this person: comet response

 

your issue will be resolved totally

 

"Hi Andiii

 

 

https://comet.custhelp.com/cgi-bin/c...nduser/ask.php

 

You will need to register a few details with us to be able to send your e-mail in.

 

Thanks

Phil"

 

dx

[AtlantisZPM]

If your calling (though I do suggest everything in writing too) phone up customer services telling them that there warranty is a sham (you can miss that point out if you want) and that you are LEGALLY entitled to a replacement under section 48B of the Sales of Goods Act. You are entitled to a replacement as a repair is impossible, but a replacement is not.

 

I think Comet would be legal to offer her a refund..

[blitz]

The retailer can argue that it is cheaper for them to refund, however I would demand they justify the costs for replacing and refunding the item if they refuse.

 

In all respects it is up to the consumer as to the resolution, however you may not require the seller to follow a remedy if it is too costly in proportion to other remedies.