Claiming because wide screen TV broke after 17 months :-(

[tw0906blue]

Hi, I need help and support!

I bought on credit - and yes I know I can claim via the cc company, but why should Comet get away with it? - a 28" wide screen tv and guess what - it has stopped switching on. It just goes "tick, tick, tick" trying to switch on but it doesn't!

It is my fault that I didn't sort this out when the tv did this temporarily, like for a couple of seconds, in the first year...like loads of us I put my head in the sand and hoped it would never do it again! Stupid eh?

 

Anyway, I called Comet and asked for the tv to be repaired/replaced under European Law (I had seen the Euro Commissioner on tv saying we all have a 2 year manufacturers warrenty). Anyway, Comet were not interested in that but said, in a very proud voice I might add, that they in fact give 6 years cover for major faults. When pressed, they couldn't say what a major fault may comprise of except the "tube" going. Then the bomb shell. They want £60 up front for one of their engineers, or a franchise who work for them, to come and see if it is a "major" fault. Pretty major I suggested when it isn't working so can't be fit for purpose. Anyway, I had looked up Trading Standards website and seen that in fact they are required by law to give 6 years cover of "major" faults. But it has to be proved that the fault was, on the balance of probability, there from the start or waiting to happen due to a malfunctioning part etc....usual wooly speak which helps the trader not the consumer. The £60 is refunded if they agree it is a major fault - yeah right and how often do they agree it is a major fault do you think?

 

I have written twice to them using the TS template letter as a base and twice they have called to say I have to pay the £60 etc. They will of course refund it if it is shown that there is a major fault. And there we have it again, that "major fault"

 

TS are not being any more help, prevaricating but did say they thought £60 was rather steep! But no advice as to what to do next if I wont pay it.

 

My arguement is that

1. Comet should not charge such a punative amount, which is obviously designed to stop consumers from complaining, or

2. if consumers do complain it is all in Comets favour as to what is in fact wrong with the tv and whether that constitutes a "major" fault.

3. If there is a statute saying we have consumer right to cover they should assess the damage and then get into whether it is a pay for repair or not.

 

Comet it seems to me are laughing all ways round.

 

So, help, what can I do? Go the cc route and let Comet off the hook? Take them to court for breach of contract or something? Not fulfilling their part of the Sale of Goods Act Legislation?

 

AND, the football starts in 4 weeks!

 

Good grief, don't let anyone you know buy from them!

 

Thanks all

[Guest Lueeze]

I would contact your CC company as sometimes they have sway with the shop.

 

Also they might site a deadline if you persue this afterwards!

 

If you are covered by a 2 year warranty then you are entitled to get it fixed/replaced.

 

Sorry I cant be of more help!

 

Good Luck!

 

Lou x

[Seminole]

Have a look at Bookworm's excellent link:

 

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt

[tw0906blue]

Hey thanks for getting back so quickly.

 

I have used the TS site thanks anyway and looked at all the literature. Seems to me that the Act is so wooly that unless the tv actually exploded or something equally dramatic it is more or less useless.

 

I have had an independent tv man in this morning to give me an assessment. He says it isn't what Comet would call a "major" fault. As it is the breaker I can hear ticking, preventing the tv from starting up. He reckons a small component has blown - way before it should but that it will be a small chip! As that's what they are mostly made of.

 

I cracked anyway and he has taken it away to fix it - up to £150 he reckons. He is a local guy who I have used before and trust, so beleive what he says.

 

But, I am not going to let this rest! I will write again to Comet and claim the repair cost...bet I know what they will say and I will approach the cc company and ask for a refund and see what happens.

 

I may even write to my MP and see where that takes me...after all it is infuriating that the tv has broken so soon and the legislation doesn't help!

 

My engineer guy confirmed that Comet are bad news for large purchases as the after care is one of the worst...but he confessed to buying stuff frojm them as they are the cheapest. I guess what my Dad used to say is correct - you get what you pay for!

 

Wish me luck

[Seminole]

I think you are missing a key point in the concept of satisfactory quality. This has a much wider definition than merchantable quality. The test seems to be whether a reasonable person would expect a breakdown to occur within the timeframe in question. If they wouldn't then you have a cause for action. Read Bankfodder's threads and postings on this subject.

[tw0906blue]

OK thanks Seminole. Will do!

[eyeahmed]

hi there

 

i am in a similar position with a philips lcd tv which is 18 months old and stopped working. i like you contacted comet and was fobbed off with the same offer. I would be interested in finding out how you got on.

 

I was told be head office to contact the manufacturer as it had nothing to do with Comet

[tw0906blue]

Sad to say I didn't get anywhere. And to my shame I let it drop. I got the repair done and the local guy gave me a complete receipt so it could be seen what I had had done. I called Trading Standards who were great with the info but that's as far as they could go with help. Well that's what I was told. Reading back what I intended to do, I am ashamed that I let it drop, but I needed more support as I was lost. All in all it was a very disappointing foray into trying to get some support for an obvious manufacturing fault. If I had taken my complaint back to Comet, I guess they would have fobbed me off again and I just ran out of fight....which is of course what Comet were angling for. Surfice it to say I tell everyone I know not to buy through Comet, but most people just look at me as if I am a sad person and go ahead anyway! I will never buy anything through them again. Good luck with your campaign. Maybe your Trading Standards people will be able to help you. I truely wish I had taken it on further now. But life got in the way and the £150 repair hit I just took on the chin.

[cdb]

Anyway, Comet were not interested in that but said, in a very proud voice I might add, that they in fact give 6 years cover for major faults.

 

 

Sorry to dig an old thread up, but which Comet was this? I've just been to my local Comet but they didn't seem to have any similar poilicy.

 

I think my TV has a major fault. The plasma screen itself has failed, the TV is only 27months old.

[eyeahmed]

Hi There

 

Comet Are Arseholes. I Contacted Philips Dirctly And Threaten To Sue Them. I Got The Tv Checked Out At My Local Repairs Shop And It Was The Power Unit Which Ws Bust. Philips Agreed To Send Out The Part For Free. I Ended Up Just Having To Pay For The Costs Of The Repair. I Agree There Must Be More Comet Should Do But Until Now I Don't Know Of Anyone Who Has Got The Bottle To Pursue Them To The Small Claims Court.

 

Go For It

 

Issaq

[sbikerbud]

Currys are the worst.

 

Brought a samsung wide screen LCD just 7 weeks ago, the screen has gone a deep red colour (unwatchable). Reported the fault to Currys on the day it happened, not interested, phone Samsung.

 

Samsung say, phone a certain tv repair shop. So i phone this certain repair shop. They cannot come out to look at the tv for 5 days. When they do turn up they take the telly away for repairs. Could take 5-7 days for the repairs.

 

So thats £500 for a telly that lasted 7 weeks We have now been without the TV for a week and looking at the possibility of being with out a tv for at least a further 5 days (Perilously close to christmas )

 

Currys, not interested, won't refund, won't replace, won't give a loan tv, will only tell us to phone Samsung, it is not their problem as it happened outside the 28 day return period. TV are classed as luxury items and therefore do not NEED to be replaced.

 

Samsung not interested, Can't refund, won't replace, won't give a loan tv, will only repair the old one. Keep telling us to phone Currys as our contract is with the retailer.

 

TV repair shop don't do loan TV's

 

I was under the impression that an LCD tv is expected to last approx 10,000 hours of use. We had less than 250hrs on ours. That strikes me as unnacceptable and yet no-one will accept responsibility and we are effectively powerless.

 

It's so frustrating:evil:, a call to Watchdog is circulating in my mind;)

 

(I know to some that £500 is chump change but to me it is a LOT of money.)

[flyingdoc]

The problem is that very few customers know the law and even fewer customer service representatives know it either.

 

If you buy a television made by philips (for instance) from comet (for instance ) then you enter into a contract with comet. It is them who have to provide goods which are Fit For Purpose (ie will not pack up after 2 seconds use) not the mfr.

As was mentioned earlier - the reasonable man test may enter into proceedings in that if a reasonable man would expect a TV they paid £500 to last more than 250 hours use (and I cannot see why he wouldnt) then the goods are not of a satisfactory quality and it is the SELLERS responsibility to put it right.

Not only that - if the fault occurs within the first 6 months then it is the SELLERS responsibility to PROVE that the goods sold were fit for purpose.

 

Unfortunately you go into shop and complain and they say - not our fault speak to manufacturer - AND PEOPLE GO AWAY AND DO THAT. thus abdicating the shop of their responsibility.

 

Dont do it.

 

Tell the shop that under SOGA and common law it is THEM that has to resolve this issue and that unless THEY sort it out you will be taking action against THEM.

 

If there is a problem with the manufacture of the television then it is upto the shop to take that up with the manufacturer - not you...

[tw0906blue]

This topic was closed on 09 March 2019.

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