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ocdc

Comet sold me a faulty tablet

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Hi,

Just like others, ive found this forum searching for comet complaints.

 

I`ll keep it short:

 

December last year, I bought a tablet from Comet Wembley clearance centre.

The tablet was displayed as previously sold, with the price reduced due to a couple of faint scratches on the back of the cover.

I bought the tablet as a gift for someone, but changed my mind and bought another gift instead the last minute.

 

the tablet has been sitting on a shelf in its box until April, I decided to check out this craze of tablets that i see everyday.

 

I started liking it, I used it occasionally.

But it started crashing, freezing or just simply turning itself off (even with battery charged or while charging),

with no tasks running but a simple browser open or while watching a youtube video.

 

I tried everything, restoring to factory settings,

installing manufacturer updates,

nothing worked,

kept freezing or crashing or best scenario

just closing the currently running app,

completely random, but very frequent crashes.

 

I called customer services.

While trying to guide me through the problem (even after I told her that Ive checked the biggest dedicated message board for the tablet,

and I`m aware that there are whole lots of the same make and model that have the same problem,

with no one knowing whats causing the crashes, and others that work just fine),

 

she accidentally (I think) told me that the previous (original) owner had made a phonecall in October last year regarding the same issue I was just calling for.

 

its safe to assume they returned it,

they didnt fix anything (because they cant),

just put it on sale in their clearance center.

 

 

I was deceived by Comet, by selling me something they knew it was faulty and not telling me about the problem.

I made a monstruos scene at the store today when they refused to give me a refund,

and only accepting to take it in for repairs.

 

Since I knew that they are unable to repair it,

since they obviously failed to do that the first time

this thing was returned to them,

what exactly was it that made them think that they are able to fix it now?

 

Its just common sense they want to stall it til the warranty runs out (1 month left, just 6 months for clearance items) and then wash their hands.

But because of the absolutely miserable attitude of the store manager,

I decided to not give up on this,

already filed a complaint at the CAB,

and very determined to take it to small claims court.

 

For quite several reasons.

Shameless attitude towards customers (not my problem, I wash my hands type of attitude),

and not disclosing the items real problems,

plus making me feel like crap for bringing out the worst in me by threating me like they did, so this will not end well for Comet.

 

"If an item doesn’t meet any of these rights, it is faulty and you will usually have the right to a:

repair

replacement

refund

 

These rights apply to most items you buy from a shop, including sale items. You may have additional rights to these if you have a warranty (see link below).

 

If the trader makes a fault known to you and you buy the item, you can’t return it unless you discover a different fault."

ww.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Yourconsumerrightswhenbuyinggoodsandservices/DG_182935

 

This is absolutely perfect to back up my claim for a refund.

They didnt told me anything about the tablet`s real problem.

 

Currently the tablet is there,

service will collect it tomorrow.

 

But reading all these stories makes me think that its not worth waiting for a positive result,

just send them one more final notice type of email after which im going to court

because this sort of things just make me boil all day long and thats not good for my work.

Edited by ocdc

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Stopped reading when you got to the point where you caused a scene...never works and only makes people dig their heels in.

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At the time I didnt know they are this miserable. After reading a few threads in here, my only regret is that i didnt caused an even bigger scene. With the media involved and boycotting in front of the store. Its still not too late.

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Your problems can be compounded as you need to show a judge you are reasonable. So, for taking court action that includes following pre-action protocol. This is a good guide / template to writing a letter before action http://www.which.co.uk/consumer-rights/making-a-complaint/taking-a-dispute-to-the-small-claims-court/sample-letter/

Edited by locutus

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Stopped reading when you got to the point where you caused a scene...never works and only makes people dig their heels in.

 

Completly agree, causing a scene is gonna get you nowehere. The guys to whom you are cauing a scene to are only doing what they are paid to do by Comet. If your that frustrated take it out at the people at the top like the directors of Comet. i believe his name is Bob Darke and his email address is bob.darke@comet.co.uk.

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Stopped reading when you got to the point where you caused a scene...never works and only makes people dig their heels in.

 

can we help you?

 

creating membership just to diss a user is rather narrowminded and not what CAG is here for

 

please refrain from using CAG for such a purpose.

 

 

dx

siteteam

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi,

Just like others, ive found this forum searching for comet complaints.

 

I`ll keep it short:

 

December last year, I bought a tablet from Comet Wembley clearance centre.

The tablet was displayed as previously sold, with the price reduced due to a couple of faint scratches on the back of the cover.

I bought the tablet as a gift for someone, but changed my mind and bought another gift instead the last minute.

 

the tablet has been sitting on a shelf in its box until April, I decided to check out this craze of tablets that i see everyday.

 

I started liking it, I used it occasionally.

But it started crashing, freezing or just simply turning itself off (even with battery charged or while charging),

with no tasks running but a simple browser open or while watching a youtube video.

 

I tried everything, restoring to factory settings,

installing manufacturer updates,

nothing worked,

kept freezing or crashing or best scenario

just closing the currently running app,

completely random, but very frequent crashes.

 

I called customer services.

While trying to guide me through the problem (even after I told her that Ive checked the biggest dedicated message board for the tablet,

and I`m aware that there are whole lots of the same make and model that have the same problem,

with no one knowing whats causing the crashes, and others that work just fine),

 

she accidentally (I think) told me that the previous (original) owner had made a phonecall in October last year regarding the same issue I was just calling for.

 

its safe to assume they returned it,

they didnt fix anything (because they cant),

just put it on sale in their clearance center.

 

 

I was deceived by Comet, by selling me something they knew it was faulty and not telling me about the problem.

I made a monstruos scene at the store today when they refused to give me a refund,

and only accepting to take it in for repairs.

 

Since I knew that they are unable to repair it,

since they obviously failed to do that the first time

this thing was returned to them,

what exactly was it that made them think that they are able to fix it now?

 

Its just common sense they want to stall it til the warranty runs out (1 month left, just 6 months for clearance items) and then wash their hands.

But because of the absolutely miserable attitude of the store manager,

I decided to not give up on this,

already filed a complaint at the CAB,

and very determined to take it to small claims court.

 

For quite several reasons.

Shameless attitude towards customers (not my problem, I wash my hands type of attitude),

and not disclosing the items real problems,

plus making me feel like crap for bringing out the worst in me by threating me like they did, so this will not end well for Comet.

 

"If an item doesn’t meet any of these rights, it is faulty and you will usually have the right to a:

repair

replacement

refund

 

These rights apply to most items you buy from a shop, including sale items. You may have additional rights to these if you have a warranty (see link below).

 

If the trader makes a fault known to you and you buy the item, you can’t return it unless you discover a different fault."

ww.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Yourconsumerrightswhenbuyinggoodsandservices/DG_182935

 

This is absolutely perfect to back up my claim for a refund.

They didnt told me anything about the tablet`s real problem.

 

Currently the tablet is there,

service will collect it tomorrow.

 

But reading all these stories makes me think that its not worth waiting for a positive result,

just send them one more final notice type of email after which im going to court

because this sort of things just make me boil all day long and thats not good for my work.

 

ok

 

firstly, and without influence of the previous reponders

you need to seriously wind your neck in

your attitude will sadly get you nowhere.

 

you need to stick to the facts and correct consumer law, which has NOWT to do with ANY warranty.

 

such is an addition to your satutory rights and in all essence has no bearing at all.

 

under SOGA [http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/forcustomers]

it clearly indicates that outside of a period [typically 28days] you have no immediate right to a replacement/refund.

 

under 6mts, the retailer DOES have the right to a repair. prob upto 2-3 times.

 

however, should this fail, then they can choose their next move.

 

if this results in a refund is their call not yours

they can issue vouchers or any other method of resolution they choose.

 

you need to bear-in-mind COMET are none to hot hot on these issues as you've prob read.

 

don't go firing your arrows too soon.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks for your replies. Thinking about it, you are all right, I probably overreacted by causing a scene. Its not their fault they have no power in taking decisions. I will follow the standard way of getting what i want.

What happens if my tablet runs out of warranty in the meantime, it`s not repaired as it should (and its not going to be - i have real reasons to believe so), or I dont even get it back within a month, only after warranty runs out? 1mt warranty left.

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Read the SOGA advice that DX posted. SOGA>warranty. You know how everything "warranty" related always says "your statutory rights are not effected"? SOGA is your statutory right. Things must last a "reasonable" length of time. As the item is over 6 months, the onus is on your to prove it is an inherent fault, and not down to your misuse. If comet say they want to see an independent report, you can get one and then add that cost on to comet providing the fault was at a manufacturing level.


If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

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I thinjk the vital point has been overlooked here - "she accidentally (I think) told me that the previous (original) owner had made a phonecall in October last year regarding the same issue I was just calling for".

 

This points to it being mis-sold which would entitle a full refund. It is on record that it was previously returned with this fault and then sold on. If a repair was attempted then this would also be on record.

 

I think you should continue with your ultimate goal of a full refund including court if necessary, but going through the proper procedure so you can't be tripped up.

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Hi ocdc

 

How did you pay for it? What was the value?

 

If you paid by Credit Card/Visa Debt contact your card provider, see what they suggest.


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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I thinjk the vital point has been overlooked here - "she accidentally (I think) told me that the previous (original) owner had made a phonecall in October last year regarding the same issue I was just calling for".

 

This points to it being mis-sold which would entitle a full refund. It is on record that it was previously returned with this fault and then sold on. If a repair was attempted then this would also be on record.

 

I think you should continue with your ultimate goal of a full refund including court if necessary, but going through the proper procedure so you can't be tripped up.

 

Thanks. This is what annoyed me to no end actually, made me pick up the tablet and go straight to the store and cause the scene, especially when they were denying all of that as being true. It was missold indeed. I didnt come up with the decision of wanting a refund out of the blue, this is exactly the reason why i wanted a refund. For them lying to me.

I paid by credit card, the tablet was £249.

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If you paid by Credit Card/Visa Debt contact your card provider, see what they suggest. Explain that the product has been Mis-sold, the retailer won't Refund.

 

Thanks. This is what annoyed me to no end actually, made me pick up the tablet and go straight to the store and cause the scene, especially when they were denying all of that as being true. It was missold indeed. I didnt come up with the decision of wanting a refund out of the blue, this is exactly the reason why i wanted a refund. For them lying to me.

I paid by credit card, the tablet was £249.


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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No sorry, I`m wrong. Just looked at the receipt to see what card ive used, and it was my Visa Debit card, not the credit card. Can I still follow the same procedure?

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See what they say, although the deadline for a Chargeback may have passed, remember to mention that you have just found out that the product has been Mis-sold, read of the following, information only:-

 

http://www.dailymail.co.uk/news/article-1382928/Credit-card-firms-refund-price-faulty-goods-students-legal-battle.html

 

No sorry, I`m wrong. Just looked at the receipt to see what card ive used, and it was my Visa Debit card, not the credit card. Can I still follow the same procedure?

Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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First crash happened within the first hour of starting using the tablet. Its an Android tablet, Acer Iconia Tab A500.

What makes it funny, is that when my girlfriend saw me using the tablet, she immediately wanted one herself. But by then I knew there was something wrong with it, so I didnt give it to her. Instead went and got her an Ipad 2, but spankin brand new this time. From Comet. That was last month. The Ipad works fine so far.

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I know you say you updated, but have you updated to "ice cream sandwich" yet?


If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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Ice cream sandwich is out? Didnt know, couldnt bother, Honeycomb was fine. Only installed the updates reccomended by the tablet`s Automatic Updates wizard thingy. But will try that before returning it, if it still does the same thing when i get it back, if i get it back and dont get a refund. It should be with the service department by now, left it in the store yesterday.

Edited by ocdc

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The most probable explanation is that ocdc did in fact purchase an inherently faulty tablet .

 

The Tablet in question has been most likely replaced at sometime by a Retail Store due to ongoing problems by the previous owner .

Then it becomes shop stock.

 

Dependent on the SLA of the product (Service Level Agreement) a return to Manufacturer for Credit would not apply most probably.

 

Therefore it would lie in the back store room until a stock check is due .

 

Then it would have embarked on an unknown journey getting transferred from place to place , at some point either before or after arriving at the Wembley Clearance Centre someone would have switched it on and reported a no fault found with the Tablet and got himself a quick repair statistic .

 

Then it ends up for Sale in the Clearance Centre .

 

The rest of the story we all know now , proving these chain of events beforehand could be impossible but COMET have stated there is a Case History from the previous customer this has been traced via the serial number of the Tablet and disclosed to ocdc .

 

Where he stands now with regards to this admission by the Retailer and how he stands under SOGA I do not know.

 

What I do know is buying Brown Goods and Grey Goods from the Clearance Centre can be a bit of a hit or a miss as many of these goods have histories with regards to various faults especially intermittent ones .

 

The safe buys are usually white goods with bashes in the door or side which either cannot be seen or covered with a Fridge Magnet !

Edited by GorgieBoy

Regards

GorgieBoy

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Got a reply from them:

"If this issue is not resolved to your satisfaction, you may reopen it within the next 7 days.

 

Thank you for allowing us to be of service to you.

 

Response (Nikki Black) 02/05/2012

 

Dear xxxx,

 

Thank you for your e-mail.

 

I was sorry to learn of the problems you are having.

 

I can confirm as the customer you have a duty of care to check over the goods, test they are functioning correctly and report any incidents, faults or damage within 7 days of purchase. As this time frame has expired the manufacturers guarantee supplied is a repair based policy. Only if the Acer Iconia Tab cannot be repaired will it be replaced.

 

In closing you will need to contact Acer on 0871 760 1002, they will test and diagnose the fault over the telephone with you and if required arrange for UPS the courier to collect and return the repaired goods within 10 working days.

 

I can appreciate this is not the answer you were hoping for and I do apologise for the inconvenience and frustration caused.

 

Should you require further information, please contact me using the Ask a Question facility on the website http://comet.custhelp.com/app/ask

Regards

 

Nikki Black

Comet Customer Services"

 

She`s not even aware that my tablet is being serviced and since yesterday i have a "Repair job card" filled and given to me. Obviously doesnt know the law, since The Limitations Act 1980 states that

"Any faults which occur within the first 6 months are assumed to have been present at the time of sale, and have only just become apparent. If the trader believes otherwise (for instance, if they believe you have caused the fault through misuse) they have the right to test the product to prove their case. If they cannot do so, you may seek repairs, replacement or a partial refund as described above."

 

I told you they were trying to wash their hands and send me to deal with the manufacturer.

This is gonna be good.

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That looks exactly like a standard fob off letter. There's not a lot you can do at present until you receive it back and then give it a thorough burn in to make sure it is ok.

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The email from the Customer Services would tend to suggest COMET do not repair this product and any U/G repairs are carried out ACER themselves which is not uncommon .

 

COMET are not offering to repair the product and advising you to deal with the Manufacturer direct.

 

It looks like your Tablet is now on a little road trip to somewhere , what happens next is anyones guess .


Regards

GorgieBoy

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But it is not the consumers job to deal with anyone but the seller. What happens if you deal direct and the manuf sends you another one and that breaks down, the seller can then come back and say 'that's not the product I sold you', they have done it before.

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