helpless woman in need of sum advice!!!!

[raffy]

im in need of sum essential advice recently i purchased a psp console from comet,to be exact it was 23,12,06 so pleased to buy this as had been searching for ages and as xmas!...but....it stopped working alas i thought i still have the receipt and under a year old,but..according to comet as it was just over the 28 day mark had to be sent back to sony with myself arranging this!ok so ive purchased an item from a shop and im having to arrange collection,two days later i received from sony a new psp,or so i thought it was in french drawn all over and stopped working like the last one,i contacted sony once again they appologised saying it was straight from the manufactuers and sometimes one slipps through the net!!!!???two days later i recieve another psp and yet again stopped working!!tomorow ill be on buzby again to sony!is there anything i can do???

[rosiecotton]

Comet should not have sent you back to the manufacturer. Under the Sale of Goods Act they have to arrange a repair or replacement for you.

 

I would advise you to go straight back to Comet now, state that you obtained a replacement from the manufacturer on their advice but it was faulty and therefore you would now like to rescind the contract and claim a refund.

 

Rescission of the contract is basically a partial refund less an amount for any wear and tear you have had from the product. As we are talking about a very short time of actual use here, you should push for a full refund.

 

(NB, note that if people choose to go back to the manufacturer under the guarantee and get a replacement, often they will lose their Sale of Goods rights against the retailer as they will effectively have a different product to the one that the retailer originally sold them. However on this occasion since you did so on their advice, it should not have an effect).

[raffy]

i have been phoned comets headoffice who says they allow 28 days from the receipt date,they gave me sonys headoffice number to call,i then asked where the advertisement of this 28 day rule was as i didnt see it anywhere within there store except when i turned the receipt over and was on the back,i also informed them id be speaking to trading standards,the reply was we work closely with trading standards,i emailed trading standards ysterday,still awaiting a response,all i am getting off everybody is its comets policy after 28 days to be returned to sony,i have always been under the impression if you purchase goods of any description they should be returned,or repaired to the same quality,im simply not getting this......

[rosiecotton]

You can tell Comet that they are liable to repair or replace your goods under the Sale of Goods Act and they cannot fob you off to the manufacturer. Tell them that you have had the item replaced on their advice and it has failed, therefore they are liable to you under the Sale of Goods Act and you are seeking to rescind the contract and claim a full refund.

 

Comet are indeed trying harder to work with Trading Standards departments, certainly that is the message they are getting over, however it does seem there is some way to go before they actually understand what their responsibilities are (even though they probably have already been advised).

[Zamzara]

i then asked where the advertisement of this 28 day rule was as i didnt see it anywhere within there store except when i turned the receipt over and was on the back

 

If they are attempting to limit you to 28 days for returning faulty goods (as opposed to buyer's remorse) then not only can they not do it, but they are committing an offence.

[raffy]

im going in there tomorow what happens if they will not give myself a refund.what would be the next step? the two lots of responses i got was this 28 day thingy then to be sent back to manufactuer,like my freind said what happens if her telle went wrong shed have to wait as long as i have for the decent and acceptable goods that were purchased,

[blacksheep1979]

If they are attempting to limit you to 28 days for returning faulty goods (as opposed to buyer's remorse) then not only can they not do it, but they are committing an offence.

 

I think you'll find that is an addition to your statuatory rights - they have a no quibble (supposedly) returns policy up to 28 days.

[hagenuk]

im going in there tomorow what happens if they will not give myself a refund.what would be the next step? the two lots of responses i got was this 28 day thingy then to be sent back to manufactuer,like my freind said what happens if her telle went wrong shed have to wait as long as i have for the decent and acceptable goods that were purchased,

 

rosiecotton has given you the correct advice and you should do precisely as she has advised.

[raffy]

been into comet,no joy!!!!!stated what says on receipt about if they cannot repair the goods they will offer an exchange or refund bit,no!they contacted sony whilst i was there i ended up talking to them,stating my complaint,i was told they realiseits an inconvenience to me!understatement,waiting for their supervisor to phone me,and headoffice at comet to phone me,as i said this 28 day thingy does affect my statatory rights to which reply was it dosent,from where im standing it does!as it should be repaired,it isnt!or a refund which hasnt been offered,the irony of all this is my original psp hasnt been repaired at all ive been given a reconditioned one instead!and in french written over,then accept another one which then stops,and now sony going to do an investigation if they send another one out!!!!cannot believe this mess,its so stressful; if theres anyone who can give me any advice however small over this id be very gratefull,

[rosiecotton]

I would suggest that you write to Comet immediately along these lines:

 

Dear Sir/Madam

 

Faulty Sony PSP

 

On [Date] I purchased a Sony PSP from your store. On [date] this product became faulty because [detail the faults that you experienced]. Therefore the PSP is not of satisfactory quality nor fit for its purpose, and does not comply with the terms of the Sale of Goods Act.

 

I went into your store to complain and was told that as it was outside the 28 days I had to go to the manufacturer. Therefore on your advice I contacted Sony and they replaced the PSP for me. However the replacement item was also not of satisfactory quality because [detail the problems].

 

I have followed your advice and obtained a replacement item but this is still not satisfactory. Therefore, under the Sale of Goods Act, I am rescinding my contract for the PSP and claiming a refund. I have had no reasonable use from this item so the refund should be the full amount that I paid for it (see enclosed copy of receipt).

 

You are liable to remedy this situation under the Sale of Goods Act as my contract is with you as the retailer. You cannot force me to deal with the manufacturer and if you continue to suggest that I do so I will inform my local Trading Standards department.

 

I am making time of the essence and if you do not arrange for my money to be refunded to me by [give them a reasonable date, say 2 weeks] I will be taking further action, in the small claims court if necessary.

 

Yours faithfully

 

 

*****

 

I hope this helps.

 

How did you pay for the PSP?

[raffy]

well!!!!didnt have to wait long for headoffice to phone me,they did today went into my local store and picked up my new psp!!!! may be only a psp but i am well overjoyed!!!!!!! many many thanks to rosie cotton,and everyone else who helped me,

[hagenuk]

Well done Raffy! (and well done rosiecotton too!)

[johnny10hands]

Just a quick thought....and more on the technical side.

 

As you have had several different units failing after a day or two, is it possible, its batteries are not being charged properly? A colleague of mine had exactly the same problem with a Nokia mobile phone. In the end it turned out he had poor wiring in the mains socket that he plugged his charger into. As it was the same socket all the time, he only discovered it when successfully charged up his 3rd replacement phone at work.

[raffy]

sony did say about the charger,but dont use the same power point (u did have a good point thou)when i went into comet on thurs they phoned sony up and sony did say if i know someone around to see if their battery worked with my unit,but as id had enough did say i wasnt prepared to do this as its not my job to run around anymore,already used my phone bill to phone comet and sony up.at the end of the day all i could see was id purchased something with receipt,and id gone down their route of being prepared to get it fixed,(as it stated on the receipt)and was not getting what i paid for,and after a phon call it was one that had -slipped through the net from the manufactuer,the last one i dont know,but,you did have a good point and i do understand some people do use the same outlet through habit or convenience,