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    • Hello,

      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 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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PVR Exchanged three times!! Comet sticking to first Receipt date not last exchange date


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As title really parents purchased a Toshiba PVR that kept playing up, Comet did their usual and tried to make them send it to manufacturer but I put them right on that, so it was exchanged three times with the same fault. They refused to refund.

Fast forward six months and same issue starts again, this time when they take it back it is 13 months since purchase date on receipt but twelve months since last exchange.

 

Contacted head office who took 5 weeks to come back with

 

I can confirm that I have spoken to the Regional Manager and regrettably if an appliance is exchanged for the same model, then the purchase date will not change nor will the receipt details. This meaning that as the unit is now outside it gaurantee period we are unable to offer an further exchange free of charge.

 

However, we can offer a repair service, which will cost an initial payment £45 and then there may be further charges for parts once the unit has been inspected. Further payment would be discussed before the service department proceeded.

 

I appreciate this is not the response you are looking for, however please accept my sincere apologies for the inconvenience caused.

 

 

So basically the usual fob off any ideas on what to do?

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As title really parents purchased a Toshiba PVR that kept playing up, Comet did their usual and tried to make them send it to manufacturer but I put them right on that, so it was exchanged three times with the same fault. They refused to refund.

Fast forward six months and same issue starts again, this time when they take it back it is 13 months since purchase date on receipt but twelve months since last exchange.

 

Contacted head office who took 5 weeks to come back with

 

I can confirm that I have spoken to the Regional Manager and regrettably if an appliance is exchanged for the same model, then the purchase date will not change nor will the receipt details. This meaning that as the unit is now outside it gaurantee period we are unable to offer an further exchange free of charge.

 

However, we can offer a repair service, which will cost an initial payment £45 and then there may be further charges for parts once the unit has been inspected. Further payment would be discussed before the service department proceeded.

 

I appreciate this is not the response you are looking for, however please accept my sincere apologies for the inconvenience caused.

 

 

So basically the usual fob off any ideas on what to do?

 

SOGA - goods must be fit for purpose and must last a reasonable length of time

 

Did you pay by credit card? Your credit card company are liable.

 

Plus, statutory 2 year warranty under European Law.

 

Got plenty to hit them with :)

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Hi pick ,

 

What is the Model Number of your PVR and the fault ? .

 

If you are now on your fourth unit with the same fault it may be a Firmware Upgrade that is required .

 

Have you tried phoning TOSHIBA Customer Services with regards to the fault they can be very helpful .

 

I know this is not the response you are looking for either as you are wanting COMET to do something positive but I would not hold my breath for them to be of any help and yes it is the usual fob off from them .

Edited by GorgieBoy

Regards

GorgieBoy

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When the first one went wrong and Comet started the usual spiel my heart sank. I totally forgot why we stopped shopping in there. The customer is not king and there service is pants.

Have messaged Toshiba to see what they come back with, the unit is not available to buy any more which makes me think.

Will look into the firm ware issues, thanks. The rents dont have internet and their tech skills are limited it is quite funny to watch sometimes. :oops:

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As title really parents purchased a Toshiba PVR that kept playing up, Comet did their usual and tried to make them send it to manufacturer but I put them right on that, so it was exchanged three times with the same fault. They refused to refund.

Fast forward six months and same issue starts again, this time when they take it back it is 13 months since purchase date on receipt but twelve months since last exchange.

 

Contacted head office who took 5 weeks to come back with

 

I can confirm that I have spoken to the Regional Manager and regrettably if an appliance is exchanged for the same model, then the purchase date will not change nor will the receipt details. This meaning that as the unit is now outside it gaurantee period we are unable to offer an further exchange free of charge.

 

However, we can offer a repair service, which will cost an initial payment £45 and then there may be further charges for parts once the unit has been inspected. Further payment would be discussed before the service department proceeded.

 

I appreciate this is not the response you are looking for, however please accept my sincere apologies for the inconvenience caused.

 

 

So basically the usual fob off any ideas on what to do?

hi,i fully appreciate your circumstances,and am sorry to hear of the issues you are having. However many many companies do not provide a new manufacturers guarantee when exchanging faulty goods although this isnt nesessarily disclosed at point of sale (unless specifically asked by customer). In addition whilst im aware SOGA has being mentioned,as the purchase was made over 6 months ago it is the customers responsibility to obtain evidence that confirms the item has a knon defect or inherent fault (ie to obtain 3rd party report). This will however need to be evidence based and not just an opinion of the person responsible for completing the report. Also ignore the advice regarding the 2 year obligation,as in the UK we adopt Sale of Goods act 1979 as this superceeds the EU obligation by covering up to 6 years.
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Thanks for the reply Sprag as a first post on a consumer site on a Comet thread I assume your an employee of said company?

 

Currently in contact with Toshiba who are being more than helpful, more than can be said for Comet.

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Thanks for the reply Sprag as a first post on a consumer site on a Comet thread I assume your an employee of said company?

 

Currently in contact with Toshiba who are being more than helpful, more than can be said for Comet.

 

To be fair, I agree with him.

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Thanks for the reply Sprag as a first post on a consumer site on a Comet thread I assume your an employee of said company?k

 

Currently in contact with Toshiba who are being more than helpful, more than can be said for Comet.

no,i was part of comet up until 6 weeks ago (redundancy). Unfortunately things at comet are worse than ever (and I worked for them for 5+ years)! I sympathise with you fully,in this age you would like to think keeping a customer for life is more important than the ignorance you have most likely experienced with comet. I would say you are most likely to have a better resolution is you continue with manufacturer direct (which you are doing). Im also shocked that this post hasnt being picked up by comet as this is monitored (or should I say not shocked)!
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Hi sprag ,

 

Yes indeed these threads used to be monitored by "Comet Response" and in many cases they could be very helpful in resolving customers issues.

 

Probably they also , along with yourself and most of the COMET Service Engineers have now all been made redundant as well unfortunately .

Regards

GorgieBoy

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Hi pick

 

Have a read of 12 and 13 in my signature, you will probably need a engineers report, but the monies for the report should be refunded. You should deal directly with Comets.

 

For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

 

In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

 

After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

 

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

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Hi pick

 

Have a read of 12 and 13 in my signature, you will probably need a engineers report, but the monies for the report should be refunded. You should deal directly with Comets.

 

For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

 

In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

 

After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

 

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

 

Hi rebel ,

 

You are 100% correct , the problem is COMET still do not adhere to these Laws in many cases and drag customers along for Months on end when a customer seeks redress .

 

I think in many cases the customers just give in and eventually purchase a new product elswhere rather than try to break down the barriers COMET erect .

especially when the product is for example a Washing Machine or Fridge Freezer as custmers need these appliances working and to sit for months with them not working while they seek redress fom COMET is not at all feasible .

 

As you know there are many still unresolved threads here on CAG where customers have got nowhere even though they have the weight of the law behind them .

 

This is not right and much more is needing done to protect consumers .

 

In picks case he himself states that he is in current contact with TOSHIBA and they are being of more help than COMET when all the while it should be the other way round as COMET is the Retailer as you correctly state .

 

Even in picks case they seemingly have once more passed the buck and have the

"not our problem" attitude " even though COMET themselves have replaced the product 3 times in just over a year .

 

That said I am still convinced a Firmware Upgrade may be required to the PVR in question but that is not the point here at all .

Edited by GorgieBoy

Regards

GorgieBoy

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Hi Gorgie

 

These companies spend millions of pounds on 'sales' training to increase profits, they spend very little on Customer Care, even the Customer Care is geared to 'Sales'. When they are told about a faulty product, they are trained to 'resell' the product. What the customer needs to remember, they buy these products on 'trust' and rarely have the opportunity to see the actual product purchased in action to see that is works correctly. As pointed out if they demonstrated each and every product they couldn't cope due to the lack of man-power.

 

The following is interesting:- http://www.bis.gov.uk/policies/consumer-issues/consumer-rights

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Hi rebel ,

 

Yes you are correct in what you say , Interesting link and a step in the right direction .

 

Yes COMET are the bad example of where everything is geared to profit and " Customer Care " is an after thought , especially now as they have culled the majority of their " After Sales Service " Staff in the last year but still promise Customers the earth at the point of Sale .

Regards

GorgieBoy

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Interesting points coming up, thanks.

 

Toshiba were very helpful with providing quick email response and sending a usb stick with the firmware upgrade. Unfortunately this didnt work and there is no HDMI output from it and the scart output is erratic.

 

Take note I used past tense! They were helpful but have now come back with the usual out of warranty spiel that Comet came up with.

 

Feel decidedly aggrieved with the whole thing now and pointers would be good.

 

It was full price when they purchased it £240 it eventually was being sold off for £129 from Tesco.

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Hi pick

 

That's disappointing.

 

Write a Formal Letter of Complaint , mark it as such.

Explain whats happened, how they have let you down (the product has had to be replaced 3 times, give dates) and what you want them to do.

 

Lets see what they say.

 

If it was purchased with a Credit Card, then contact the Credit Card Company, send them a letter detailing the whole story and what Comet's have done to resolve the matter.

 

Send it to:-

 

Bob Darke, Managing Director

[email protected]

 

Some tips:- http://www.dailymail.co.uk/femail/ar...complaint.html

 

Have a read of 12 and 13 in my signaturelink3.gif.

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