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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Comet laptop problem HELP!!!!!!!!!!!


anney63
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I bought an HP laptop from Comets around 6 months ago . It had to go back a number of problems . Wasn't cheap over £890. Went back has been repaired had to have a number of components replaced including the motherboard. Today another problem took it back to Comets. Tired after a long day. Tried to argue that goods were not fit for purpose and my contract was with Comets and not HP and was advised it would have to go back to HP and it would be up to them. Annoyed with myself now can I demand a replacement or refund? I cannot be another 3weeks without this as I am in charge of a number of contract engineers and need this for my work.

HELP need to try and get this sorted over this weekend.

:( :(

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If it's a different fault it would be reasonable to expect Comet to repair it. They should not fob you off to HP.

 

Sorry I can't post more, been a long night so far and I'm about to crash out, but I'm sure that someone else will be along to elaborate!

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

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  • 2 weeks later...

Have a look at the dti website and the Sale of Goods Act.

http://www.dti.gov.uk/consumers/fact-sheets/page38311.html

Don't be fobbed of with being told to deal with HP. It is the retailer who is responsible for the product and as it developed a fault (or several fault) very early in its life the goods must have been faulty at the time of sale. Therefore Comet breached the Sale of Goods Act.

 

I would write to their Customer Service Team (Head Office I would think) and let them know in no uncertain terms that if they do not resolve this matter within 10 days you will be issuing a court claim against them and reporting them to Trading Standards and The Office of Fair Trading.

 

Oh just had a thought - make sure the letter is sent recorded delivery so that you can prove they got if need be.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Again

Sent a letter via website to Bob Darke Commercial Director marked it private and confidential in post so won't be able to deny receipt as I have a query number. Tried the store again but again terrible response. They have no customer service skills and certainly not a clue when it comes to Sale of Goods Act. My patience was wearing very thin so had to leave.

We'll see what response letter brings.

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  • 4 months later...

The same happened to me yesterday when I took back my laptop which I hadn't even had for a week. First of all the man told me to go away and ring acer myself because there is nothing he could do. This was an inherent fault and in no way caused by myself. Do not stand for this. We said told the manager of the shop that the sale of goods act states that goods bought must 'conform to contract' meaning that they must be as described, fit for purpose and of satisfactory quality. The as described, fit for purpose and of satisfactory quality. The man went on to argue and said that they had a contract with acer and I agreed to their refund policy when I entered my pin number. If this happens you should then ask when you were given the opportunity to see these terms before entering your pin/paying. We then finished by saying that we were entitled to a full refund or a new/fixed laptop - and if we were refused any of these three things we would go straight to consumer direct and trading standards. At this point the man filled in a form which said that they were going to keep the laptop over night (it was a Sunday so acer was closed) and ring acer in the morning. However, this gave me no guarantee of if or when I would get what I a entitled too. It had taken me two hours to get to this point. We instructed the man to go to the store room get a new one out and reserve it there and then - and said I am coming to get this one, my repaired one or a refund tomorrow (Monday) morning. The next day I went back and took home a new one because the man finally agreed with me that is was not infact me who had caused the fault in the laptop which he had previously tried to say.

 

I just think that this is so unfair on people who just don't know how to argue back or know what to say. If I hadn't argued I would have come home with a completely un-usable laptop, which was not my fault, and a large credit card bill. You must fight back and you will get the result you need because in the end they know they are not withing their rights with their so called refund policy. I did give them the chance to ring acer but they shouldn't have been allowed that even because the sale of goods act says that I bought goods from the trader and not the manufacturer therefore the trader is liable for any breaches of contract.

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They do have the right to inspect the unit, after all the law does give them the chance to prove if the unit was faulty or not when purchased.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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  • 1 month later...

store managers are not laptop technicians. they are not trained to diagnose faults. they can either call acer to be told a few tests to try or to deliver the product to their repair centre.

 

you have got legal rights but this does not mean immediate action while you wait. using manufacturers guarantee may help you as you get the product fixed faster then relying on the lack of skills of store staff.

 

before you winge gyzmo. manufacturers guarantee does not affect consumers rights. no money passes between the buyer and the manufacturer so no new contract begins with the manufacturer and buyer. the contract between the seller (comet) and buyer does not get affected.

 

try reading some other legal acts about retailers and manufacturers SOGA is not the only legal act the retailer and the manufacturer have to follow there are many more. learn some!!!!. SOGA does not get affected when consumers use manufacturers services. try reading the laws and guidelines manufacturers have to follow when it comes to consumers rights.

 

where does it say in soga buyers rights ARE affect in SOGA??? come one this the 10th time i asked for proof.

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  • 4 months later...

hey guys, i need some help aswell

 

my brother passed down a laptop to me which he bought from comet a couple of years ago. the problems are that the laptop is very slow, theres a button missing, the laptop doesnt charge (i think its cause of the battery) but the laptop can be used only with the adapter/charger connected and the screen keeps going black every half an hour but comes back if you push the screen back an forward (the screen has already been repaired by comet 2 years ago when my brother had it and stopped working due to an accident). i have 5 years insurance which runs out next month.

 

what i need 2 know is that if i take it to comet are they going to repair it or gimme a new laptop which i really want. bought it for £800 but as it was bought 5 years ago it only has 18gb which half of that is used over by softwares.

 

i need some advice, am i better of just throwing it away if they repair it as it is slow and useless. or will they gimme a new one worth £800

 

hope you can help

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Hi

It will be up to the insurance company who underwrite Comets insurance. It may be that they can't get parts etc. You can only try and see what the outcome is. You need to read the insurance document. Whichever you need to get it back to them before the insurance runs out.

Anney

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  • 3 years later...
Hi Again

Sent a letter via website to Bob Darke Commercial Director marked it private and confidential in post so won't be able to deny receipt as I have a query number. Tried the store again but again terrible response. They have no customer service skills and certainly not a clue when it comes to Sale of Goods Act. My patience was wearing very thin so had to leave.

We'll see what response letter brings.

 

do you have a email address for bob darke of comet thanks

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Believe it or not, it's [email protected]

 

If you need further assistance, start your own thread here and see if you can get further assistance :)

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

 

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  • 5 months later...

I have a problem with an accidental claim on my household contents Insurance re my laptop. I had my son take the hard drive out ready for sending it to insurance company. They are now saying without the Hard drive the claim will not be actioned. I am refusing to send my Hard Drive to the company (SBS insurance ) So I now have to cancell the claim this seems a bit much when I pay my insurance year after year. I am not happy sending personal information anywhere too much happens with Hard drives being resold with info still on them. Do I have any rights at all ???

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They are saying they need to check when it was last booted up . In other words don't believe anything i've said. I understand as there are so many false claims , but quite honestly I'm not happy and will just have to forget it I think. If I put another drive in they'll probably make another issue of it. The trouble is I'm suffering for people making false claims. !!! Got a broken screen and cracked case after hitting an oak floor and just beeps when booted up.

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why are you not going through you retailer under soga/

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes this can be a problem. The Insurance company and anyone acting for them would be responsible for the security of your data. So they should make sure that if the laptop is disposed of, that they make sure the hard drive is wiped clean.

 

Perhaps you should enquire with the Insurers what they will be doing with the laptop to make sure your data is safeguarded. Tell them that you are worried that the laptop will be broken up and the hard drive accessed for any data, with things like your credit card/bank details passed on. There was a TV programme on awhile back, which showed laptops being taken apart and hard drives data being accessed in Africa.

We could do with some help from you.

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why are you not going through you retailer under soga/

 

dx

 

Dont think they would get very far as OP has stated

Got a broken screen and cracked case after hitting an oak floor and just beeps when booted up
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ah that slipped by me

 

why dont you simply get from maplins or a friend

a usb craddle

 

that way you can take the hdd out

put int on another pc just like a penstick

and run one of the many wiping programs freely availble form the net?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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