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    • I think his point is renewing his season ticket shows it wont happen again. using contactles doesnt.
    • Thanks dx for your guide. Yes, I will use their services, but not often. I usually spend around 80 per month, but the season ticket price is 160. I plan to renew it as long it could help me to show that I will not do it again.
    • if you are going to be using its services yes if not no. STOP PANICKING........ yours is not the next move. dx  
    • You could try this and include a copy to the SRA who are being particularly tolerant to this bunch of jackapes. This also shows that you are not to be messed with and are capable of stirring up trouble for them when they step out of line. Dear DCBL, I am in receipt of your letter of 18th April 2024 regarding CPR1.1 After studying the whole section I cannot see anywhere that I am required to furnish you  with my mail address or my phone number. Perhaps you would be kind enough to provide me with a reference to it. I suspect that your subterfuge is designed to allow you to bombard uninformed litigants with last minute information on the day of their Court case which appears to occur at times with your company. I notice that you are asking for proportionality at the same time as you are demanding  an unlawful £160 when you are aware that under PoFA the maximum that can be demanded  is only £100. You will note  that I have included the Solicitor's Regulation Authority into our conversation in order to ensure your reply. And your old excuse of "admin. error" is surely wearing a bit thin even with the SRA. so I look forward to an apology for your error and a declaration that you will desist from trying to hoodwink other motorists in future.  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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2 1/2 yr Beko FF deemed irrepairable by comet tech - what do I do now?


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I've been browsing through the forums to see how I go about getting some sort of refund/replacement for my faulty fridge freezer and wondered if someone would kindly help me out?

 

I bought the Beko CDA 543F fridge freezer in July 2008 and have had no problems with it until now. However, the last couple of weeks I noticed that the food in the freezer was not frozen properly and that the milk was going off a lot more quickly than usual. I called comet, who sent out a technician for a fee of £69, saying that I would be refunded if he deemed the appliance to be faulty.

 

Well, sure enough it's faulty alright! Apparently the gas has leaked out (through no fault of mine he said) and it would not be worth my while to get it repaired as the same thing would only happen again. I'm going to phone Comet back in a sec to ask for the £69 to be refunded, but wanted to know how to claim under SOGA?

 

Help!

 

Also - should I hold off buying a new one until I've contacted them? Don't know if I can survive that long without a fridge!

 

Thanks guys :)

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Ok - just to update - called the call centre and they have told me I can't get a refund for the £69 call out fee, as it's listed as an inspection fee and is not refundable!! That's not what the person who I booked the appointment with said - she definitely said that if the appliance is deemed faulty then they would refund the £69.

 

What do I do? I don't have any proof of what she said, so it's just my word against theirs :(

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Hi guys

 

I've sent the following email to 'hugh harvey' at Comet this afternoon, so let's see what that does! I've also written to Consumer Direct explaining my situation, so hopefully they'll give me a bit more ammunition if I need it...

 

 

Dear Sir

I purchased a Beko Frost Free Fridge Freezer from your store on 19th July 2008 at a cost of £272.31. It has recently ceased to work after only 2 ½ years, which is not a reasonable lifespan for an appliance of this kind.

The faults are as follows:

The fridge freezer no longer cools to a low enough temperature, causing the contents in both sections to spoil.

The Sale of Goods Act 1979 states that goods should last for a reasonable period, and the user manual that came with the fridge freezer also claims in the opening paragraph:

“a Beko quality appliance which has been designed to give you service for many years.”

This appliance has definitely not lasted “many years” therefore, under the Sale of Goods Act, I wish to claim a replacement or refund at no cost to myself.

 

I called your Customer Services department and informed the representative that I believed my purchase to be faulty and in breach of the Sale of Goods Act, so she recommended that I first pay £69 to have a Comet engineer come and assess the state of the appliance. She informed me that if the engineer did find the fridge freezer faulty, then the £69 would be refunded. On these grounds I agreed to pay the amount and arranged for the engineer to visit. For reference this is job number 5479318.

The engineer confirmed that the freezer had an internal gas leak and was beyond repair. However, when I called your customer services department they now tell me that I cannot get the amount refunded, as it was non-refundable inspection fee. I dispute this and object to the fact that I have been given conflicting information.

I therefore request that you respond to my complaint within 14 days from receipt of this letter. Should I not hear from you by that time, I shall refer the matter to trading standards and, if necessary, commence legal action, but trust that this will not be necessary.

Yours faithfully

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The latest update:

 

Received the following response from Comet today...

 

Dear

 

Further to our recent telephone conversation.

 

I can appreciate the frustration caused when a product does not work as expected and apologise for the inconvenience caused.

 

As we have no record of any previous issues with your fridge freezer and as it has functioned for 30 months it would indicate of satisfactory quality when sold. Although I note your comments regarding the Sale of Goods Act, the Act does not stipulate specifically how long goods should function for.

 

Unfortunately we do not have any record of the colleague, which informed you that the inspection charge would be refunded on confirming a fault, this is incorrect and I sincerely apologise if you were left with this impression. However, I note that we were unable to proceed with a repair to your fridge freezer and deemed the unit unrepairable.

 

Taking the above into consideration, I can confirm that I am able to offer you £100 gift vouchers as a gesture of goodwill to enable you to use them on a future purchase of your choice. The amount takes into consideration the original price you paid and the months of use you have had. If you would like for me to arrange for these vouchers to be sent to you, please respond to this e-mail within the next 7 days.

 

 

When I spoke to consumer direct, they said that the retailer should refund any cost of an engineer, whether they were from Comet or independent. I've emailed Consumer Direct again for advice following this offer, so will see what they say.

 

It's such a pain that people have to go through this rigmarole just to get what the law says they are entitled to. It doesn't help that I'm 6 months pregnant- could really do without the stress at the moment.

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Sounds terrible, tell them to sick the vouchers where the sun don't shine. You want a refund of the money you paid for the engineer be firm with them.

I had a similar experience with their engineers( so called ) there messed us about something rotten. I got a complete refund of the repair Looks like we gonna have to sue them now for the fauly goods Fridge Freezer

 

I would advise you to phone Consumer direct 08454040506 they will give you all the advise as to your options and you will get a case number you can refer to every time you phone. btw they answer there phones promptly

 

Comet are a bunch of..

Gook Luck

There are 10 kinds of people in the world:

Those who understand binary and those who don't.:rolleyes:

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  • 3 weeks later...

UPDATE:

 

Success! After my last letter, I finally got the reply I was after - although they still maintained that I did not have a case under SOGA, they agreed to refund the engineer fee and have paid me £150 towards the £270 I paid originally, which I think is pretty fair given that it's 2 1/2 years old.

 

Did a bit of research on the Which? site and bought one of their 'best buys' for £370 - it scored 81% as opposed to the 50% my old beko got, so hopefully this one will last a bit longer!!!

 

Good luck to everyone else - hope you get the results you deserve.

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