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Allyxia

Statutory Rights Grrrr

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I bought a Fridge Freezer from Comet on 4th January 2006.

 

Seven days ago the middle drawer in the fridge freezer splintered as I tried to open it. Not worrying too much about it I left the bits on the side for my OH to Duck -Tape or super glue back togther, after all you dont see the drawer when the doors are closed on the freezer.

 

Then today my 18 mnth old daughter managed to open the freezer door and she tried to pull the bottom drawer out - guess what this drawer did the same!!!! Hardly brute force is it!!!

 

This is not the first time I have had probalem with the quality of the plastic used in this fridge/freezer as back in the summer the door handle snapped at the screws off as we opened the fridge and the drinks cooler leaver also sheared off and perished - these items were replaced.

 

But it begs the question should the plastic been splintering and shearing so quickly on a £400 fridge freezer within 12 months?

 

Ok so the crux of the matter is this:-

 

1. Comet will not replace the drawer as it classed a a cosmetic item!!!

 

So the fact that my £400 freezer is now totally useless because without the drawers holding the frozen goods in place they all fall out every time you open the door.

 

2. (Their words)If I had reported this yesturday - ie within the Manufacturers warrenty - they may have replaced the drawers but as Im 24 hours out of it tough luck!!!!

 

Ok so after half an hour of explaining Comsumer Law and Satutory Rights to these idiots I have gotten nowhere except a sore head!!!!

 

I am fuming about the cheep nasty quality of this item and in an ideal world would like the whole damn thing replaced completely with something of a much better quality but at the moment I would settle for a freezer with drawers that worked.

 

The point is here - this could have been a lot worse as my 18 mnth old daughter could havce seriously injured herself when this sharp plastic shattered and Comet dont even seem to give a damn about this.

 

I know the advice is going to be "Take them to Court" but come on guys......anybody got a better idea surely my rights here are so obvious Comet cant just turn around and ignore them?

 

Anybody?


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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They will probably ignore them up till the point where they are sure that you will take them to court or inform trading standards and if they stick their oar in then they may sort it. But you will probably have to get tough - write to HO to start the ball rolling, play on the toddler injury possibilities.

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Does anybody have an idea who the best person is to address this sort of blatent and belligerant abuse of my right to?

 

I guessed a letter was in order.

 

Anybody else sick to their back teeth of being treating like this!!!!


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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It'll be a letter to the store, copied to Head Office. Make it clear that you are prepared to take the matter to the small claims court if necessary.

 

Incidentally the Sale of Goods Act does include provision for cosmetic defects, although in this case it's more than just cosmetic as it is rendering the fridge unuseable!

 

Good luck with the letter, sadly lots of traders try and hold out as long as possible in the hope that people will just give up...


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Yeha I know rosie I used this argument with her.

 

So if I bought a car and asked for bright red paint - and it faded - you would say that because it just faded you want do anything about it?

 

I challenged on the cosmetic/usable item issue but obviously they were taught from a different dictionary to me!!

 

They even tried to claim we had dropped the damn thing!!

 

Well as the middle draw is only 1 foot off the floor how rubbish does it have to be to still break after it had been droped a foot (not that we had done this either)


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Bump

 

Anybody any ideas?

 

Im ready to start writing but with no addressee?


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Does anybody have a link or the the quote from the Sales of Goods Act regarding Goods must be of Satisfactory qualilty ie (last longer than flipping 12 months) - that I could quote word for word in my letter?

 

Thanks


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Actually it's the Sale of Goods Act that you'd need as the Supply of Goods and Services Act would require a service to be part of the contract. Try this one: Sale of Goods Act 1979

 

Extract from s14:

 

14.

 

(1) Except as provided by this section and section 15 below and subject to any other enactment, there is no implied term about the quality or fitness for any particular purpose of goods supplied under a contract of sale.

(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

© freedom from minor defects,

(d) safety, and

(e) durability.


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Cheers peeps found it myself - but very much thank you for helping as well!!!

 

Loverly 4 page letter typed but couldnt find exact named person to send it to so just went for Cust Ser Manager?

 

They got 14 days!!!!


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Just incase I would also send a copy of the letter to the Sales Directors Secratery, with a note explaining about your childs near accident and how rude their customer service dept was.

 

I used to work for Comet until a few years ago, and believe me when letters where sent to the Sales Director things got sorted very fast

F.A.O Sales Director

Comet Group Plc

Customer Services

George House

George Street

Hull

HU1 3AU

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well still notheard back from these muppets how long does it take for them to look up Decorative in the OED?


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Ok I had three tumble dryers from Comet,first one broke down after three months much arguing threatening legal action I drove it back to their shop and picked up a second one 13 months after it broke.... they told me on phone hard luck its out of years warranty you will have to pay for the engineer to come out... why? its not fit for purpose and it hasnt lasted a reasonable length of time I would like it fixed for free ...10 emails backwards and forwards..and eventually saying i would pass on a personal email to Hugh Harvey...(he's the MD) he wants you to enjoy your item you bought from Comet..thought he might like to know I wasnt enjoying it at all as it was the second one...keep putting the pressure on and stick to your guns... comet call centres have a policy of trying to get you to pay for a call out then parts fitted.... they hate admitting they have a duty within the first six months to replace or refund ...until you tell them you want to speak to the top manager you wont get too far... and use the 01482 320681 thats the head office number for Hull, where you ask for the complaints department ,this will save you dialling the 08705 number which costs tons more... dont give up and tell them you are now getting your local paper involved...really persevere and you will get on their nerves so much that they will relent and give you a replace or refund I have just got £330.00 for two broken down dryers i bought.

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How are you getting on with this?


:-x Kennsignton Mortage Company

:-x GE Captial

:-x Welcome Car Finance

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next point is that cold plastic below room temperature is more brittle then room temperature. it is a scientific fact.

 

Garbage. This depends entirely on the thermoplastic involved and the temperature range for which it is designed.

 

If your statement were correct, then there could be no use of thermoplastics in Arctic or Antarctic conditions; which, of course, there are. 'Plastic' bumpers on cars would shatter if hit at sub-zero temperatures - they don't, they splinter in the same way as on a hot day. It is simply a matter of selecting the correct thermoplastic.

 

A thermoplastic means that it has a pliable or mouldable state between solid and liquid; at a higher temperature than the proposed operating temperature. This does not automatically mean that when cooled it becomes brittle.

 

 

the bit about "If I had reported this yesturday - ie within the Manufacturers warrenty - they may have replaced the drawers but as Im 24 hours out of it tough luck!!!!"

 

this is nothing to do with the law. this is to do with the 12 months manufacturers gurantee and the manufacturers customer satisfaction. all manufacturers want to see their users receive atleast 12 months satisfaction from their product. so they give the customers 12 months . not 12 months and a day, week or month. just 12 months. just sorry it was bad timing.

 

Time and time again it has been said. The manufacturer's warranty does not and can not replace the consumers' rights under the Sale of Goods Act. Just because the manufacturer's arbitrary warranty period has ended, doesn't mean that you lose any rights to repair if the goods are faulty

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there are many laws to help buyers but if anything is not 100% where a buyer cannot prove it is not due to their own doing then there is no case.

 

Nope, in the civil courts the judge decides on "balance of probabilities" not "beyond reasonable doubt" when making his decision.

 

Therefore the consumer has to convince the judge that it was more likely that the fridge door was faulty and she did not break it herself. She does not have to prove beyond reasonable doubt that she did not break it herself.

 

The evidence does not need to be quite as strong in civil cases. The judge will simply decide based on what he believes is more likely given the circumstances.


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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the main purpose of a fridge is to keep food cold. obviosly the mechanics behind the freezer still work to keep it cool.

 

Agreed - but the main reason for drawers in a fridge is to hold food!!!

 

In the same way the main reason you have a door on the front in to keep the tempreture inside the firdge and not chill your whole house - many different componants make up the whole usage of a fridge freezer. just having a box that chills in no use to anyone is it hasnt got other user friendly factors in it.

 

because it is over 6 months old you have to prove these things:

 

1. the weight from the quantity of food did not exceed the guided amount.

 

Really - then this is near on imposible as im sure nobody films their own storage or gets witness statements to support the fact they havent incorrectly used anything!!!

 

2. you did not use force, or any objects to damage the product.

 

Well i think the fact that it has happend in MANY Different parts of the fridge freezer - I must be pretty stupid to damage my own fridge just to get a replacement - I mean what on earth is the point in this!!!

 

i have a 20 month old kid of my own and they are very curious lil people. if they want their milk from the fridge they will get it.

 

they may not have the strength to open the door or pull out the tray but they wont give in, using their whole weight to pull on the handle. bending it down (because they are soo short) instead of pulling door towards you.

 

Our fridge isnt that sort of design

 

by your own admission your child does play with the fridge as she nearly had an accident with the bottom tray.

 

No i didnt say my child Plays with the fridge at all - she has toys for that - this was a one off time - besides it doesnt exclude all the other drawers which are damaged which she didnt do - or do you really think I would hang off the doors or bend the handles like a 20 month year old. Judging by the tone of your post - quite posibly!!

 

i have seen my kids break many plastic toys. so saying a 18 month old cannot have damaged it is rediculous. and many other parents would agre Ok generalised sweeping statements such as this have no baring on the point in question - you have not seen the model or design oif this object so you are not in any position to deem whether or not a child could have broken it.

 

And just so we are certain here - they own engineer has confirmed that the plastic was of sub-standard quality.

 

The issue at hand is the question of whether or not a drawer is a usuable part or is there for decorative purposes - This was all detailed in my orginal post.

 

also trays are removable. lets say you filled it to the brim with your favourite choice pickle jars. one day you took the whole tray out and lifted it to the kitchen counter to prepare a nice picnic for the family, the weight of 10 pickle jars would strain many plastic containers.

 

before i see a narrow minded reply i am not saying it has to be pickle, or even jars, or even 10 of them.. i am just saying plastic has a weight limit.

 

if the hinge on the freezer door, which is metal had broke. this is easy to prove. as a main function of a freezer is to open the door then the doors hinges are meant to last.

 

Can I just ask why on earth you are posting here? You dont know me so why are you assuming that I have a brain span of a Knat !!!

 

next point is that cold plastic below room temperature is more brittle then room temperature. it is a scientific fact.

 

there are too many variables.

 

there are many laws to help buyers but if anything is not 100% where a buyer cannot prove it is not due to their own doing then there is no case.

 

using your child as a excuse to get new freezer is going abit too far. for 1 she is 18 months, where was the childs supervision. why didnt you prevent the kid from going in the kitchen. next you will be sueing a cooker company for a new cooker as your child got burnt. think health and safety.

 

Now this is just insulting - not once in my post have I asked for a new fridge freezer did you actiually bother to read my post?- just a replacement drawer for it - I never used my child as an Excuse as I clerarly state that there was other damnage done to the item not done by the child - if you had taken the time to read it!!

 

And many people did complain to cooker companies - it wasnt that long ago that small children were getting their hands burnt off by touching the front of oven doors - now they all have specially fitting glass to prevent that - so am I correct in thinking that you think we should go back to the old doors with scared children?

 

 

if the drawer broke off within the first 6 months in the summer like you said and you got a replacement then you can use that as a proof of fault from purchase.

when it originally broke in the summer did you report this to either the manufacturer or retailer. as they will have records. or did you just glue it back?

 

Yes it was reported and the engineer came out to replace it - agin detailed in my post!!!

 

the bit about "If I had reported this yesturday - ie within the Manufacturers warrenty - they may have replaced the drawers but as Im 24 hours out of it tough luck!!!!"

 

this is nothing to do with the law. this is to do with the 12 months manufacturers gurantee and the manufacturers customer satisfaction. all manufacturers want to see their users receive atleast 12 months satisfaction from their product. so they give the customers 12 months . not 12 months and a day, week or month. just 12 months. just sorry it was bad timing.

 

 

AS other posters have already pointed out to you - you clearly have no idea of consumer rights !!!

 

As for the rest of the rubbish you have written - if you have nothing productive to add to a person post then please refrain from posting absolute insulting nonsence up - there are many people on here that try hard to support others - and many new people on here who are trying to find their feet - seeing replys such as yours to a simple consumer question may have the effect of stopping other newer posters asking question for fear are getting completely ridiculed by people like like!!

  • Haha 1

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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I agreed - as a new person myslef I have seen many replies which have been totally unwarrented.

 

Why - I often ask myself - would somebody just want to post up a completely unproductive and incorrect reseponce - I mean what is the poitn in that other than to provoke a reaction!!!

 

Anyway, back to the topic at hand

 

Have you heard anything back from them yet Allyxia?


:-x Kennsignton Mortage Company

:-x GE Captial

:-x Welcome Car Finance

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Hi All, can anyone help with a Subject Access Request?

I purchased a portable DVD player from an online electrical comp. Had to return due to fault and they sent wrong item then I had to return again and then they sent new replacement product. This too developed a fault. By this time it was two months out of warranty. Rang them, they said return it. I did and they sent it back stating out of warranty. When I rang them (and after discovering they may not have logged info correctly) I asked 'why ask me to return when it was out of warranty?' they said they had listened to call and i said i bought it earlier? I advised them I did not say this and as the advisor had my account on the screen, would she not know this?? I asked for a subject access request for info on my account. They said to return item and they will have engineer look at it free of charge. (the sending back items and waiting for them to return items used up two months of my warranty!!) I asked if there was a charge for this info. They said no. request sent - all I asked for was:

"1. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, covering the period between 16/03/2010 to the present date

2. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

3. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

Please forward any response in written form only.

They have refused with no reason why ! Can they do this?

Any help appreciated.

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