Advice Required About A Faulty DVD Recorder

[strocky]

Had a DVD recorder repaired under warranty last December, didnt pick up the DVD recorder until the 29th January 07 and found the old fault had returned about 2 weeks ago.

 

Only took the DVD recorder back to the shop on Friday (4th May), waited 20 mins while the shop phoned their Service dept, he could'nt get through.

 

I left the DVD recorder with the shop and told him to phone me with an answer, get a phone call today saying that my 90 days warranty on the repair has expired.

 

When I questioned this as I had only picked it up on the 29th January and the fault had occurred within the 90 day period, he said that the Service dept count the warranty starting from the day it's posted back to the shop, not when it was picked up.

 

I stated that Comet had'nt contacted me despite them saying so.

 

What are my options, btw I'm based in Scotland if that's relevant?

[bazak1]

i believe that most service departments do the same.

your warrenty starts from when they return it to the point of sale, because in effect you could pick it up from there the same day, so you are automatically covered.

[blacksheep1979]

when did you buy the recorder? I'd also point out to the shop that a waranty is in addition to your rights under the SoGA and not in place of them.

[strocky]

when did you buy the recorder? I'd also point out to the shop that a waranty is in addition to your rights under the SoGA and not in place of them.

 

Bought the recorder Dec 24th 2005, returned it Dec 14th, 2006 under warranty, was repaired, I did'nt get it back until the 29th January 2007 and the same fault happened again about 2 weeks ago, but I did'nt take it back until last Friday there

[blitz]

As blacksheep said the warranty is in addition to your rights, and even if it has run out, comet are still liable.

 

Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

 

Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

 

It is reasonable to assume a DVD recorder should last more then 18 months, therefore the product is not durable and therefore not of satisfactory quality. You are entitled to a working product taking into account wear and tear.

 

Comet are liable to repair or replace the product within this reasonable period, take it back to the store and print out the below link, or write to head office, returning it for a repair/replacement (they get to decide) under the Sales of goods act 1979 (as ameneded), that you are not returning it under the warranty and that THEY need to sort it out as the retailer.

 

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

 

Sorry my wording is real off today, but hopefully is understandable

[strocky]

As blacksheep said the warranty is in addition to your rights, and even if it has run out, comet are still liable.

 

Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

 

Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

 

It is reasonable to assume a DVD recorder should last more then 18 months, therefore the product is not durable and therefore not of satisfactory quality. You are entitled to a working product taking into account wear and tear.

 

Comet are liable to repair or replace the product within this reasonable period, take it back to the store and print out the below link, or write to head office, returning it for a repair/replacement (they get to decide) under the Sales of goods act 1979 (as ameneded), that you are not returning it under the warranty and that THEY need to sort it out as the retailer.

 

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

 

Sorry my wording is real off today, but hopefully is understandable

 

 

Thanks for that, I'll give it a whirl and let you know the outcome

[strocky]

Right, took the DVD recorder back to the shop and basically the shop manager never had a clue. He told me I had to contact Head Office as the store could'nt authorise a free repair.

 

Comet contacted me this morning and a quite cheeky lady informed me that there was no way I was entitled to a free repair due to the DVD being nearly 18 months old and that I had misenterpreted the SOG Act and would have to pay for any repair.

 

So what do I do now?

 

Phone trading standards?

[gyzmo]

In short, yes I would. Scots law differs to a degree from English law, and some procedures may be different also.

 

Consumer Direct will advise you on what action to take (which will probably involve contacting the store manager, then putting the complaint in writing).

 

Don't let certain individuals on this site lull you into unwise action. I think everyone knows who I'm talking about.

[strocky]

In short, yes I would. Scots law differs to a degree from English law, and some procedures may be different also.

 

Consumer Direct will advise you on what action to take (which will probably involve contacting the store manager, then putting the complaint in writing).

 

Don't let certain individuals on this site lull you into unwise action. I think everyone knows who I'm talking about.

 

 

Just had a phone call from the same lady. Totally different attitude. She's arranged for a FREE estimate at the local comet repair centre (about 5 mins from my door). However I won't know until the estimate is completed wether myself or Comet will be liable for the bill.

[gyzmo]

When the repair is carried out under warranty it is implied that the repair will be effective. It hasn't been. They therefore cannot expect you to pay for what you have already paid for.

 

And as for Comet staff to say that soGA has been misinterpreted, that's a bit bloody rich coming from one of the biggest violators of consumer protection legislation going.

 

SoGA still applies, but it is for you to prove that the fault existed at the time the contract was made, or that the DVD is not of the quality expected in terms of it breaking down (i.ee that it should last more than 18 months).

 

stick to your guns. My DVD is also having problems. I was not impressed when the curry's salesman told me to bin it and get a new one because it's not worth it. The DVD (and the accompanying speakers) cost £600. Unsurprisingly, court action may follow if my letter to Head Office is not met with a decent response.

[Guest dontgetitsorted_SUETHEM!!]

misinterpreted SOGA.

 

well SOGA say the word UPTO 5 years in scotland

 

this could be 1 month, 6 months, 8 months, 12 months, 15 months, 18 months. 2 years. ill stop there.

 

you get my point UPTO i see many companies who love this word. AOL up 8MB broadband and only supplying 2MB

 

insurance save UPTO £300 but i only saved £21.

 

legally electronics are suppose to last 12 months hence why all electronics have to have a manufacturers guarantee as standard. but beyond that. its all different. some may last 5 years. some may last 10 years. some may only last 1 year and a day.

 

not everything is suppose to last 5 years+ so its not always your legal right beyond 12 months on electrical goods to shout SOGA rights. unless you show manufacturer stated literature that the product is suppose to last Xyears.

[gyzmo]

Do you really think that changing your name would make any difference?

 

Your name also indicates your stupidity. Suing stores as a FIRST resort will do absolutely nothing except cause a loss of money for the consumer and retailer, and will also clog up the already overworked courts.

 

Why don't you climb back up the misinformation tree you fell out of (hitting every branch on the way down).

[demon_x_slash]

I have the feeling that he's trying to be sarcastic, and is labouring under the misapprehension that fighting for your rights and refusing to be fobbed off by retailers that aren't au fait with the SoGA is somehow part of a litigious-happy culture. It's not. It's called having a backbone and saying, "Er, no, you're wrong, and I'm not going to take it," when someone tries to illegally rip you off.

[Darren]

Oh shut up you stupid idiot. Do you really think that changing your name would make any difference?

 

Your name also indicates your stupidity.

 

dontgetitsorted

 

Appropriate name for him though

[MARTIN3030]

Guys can we please stop this now.

This sort of confrontation does no one any good most of all the users that are here looking for constructive advice and help that provides a way forward for them.

I hope this ends.

 

 

Updated

 

 

Apologies to innocent parties.I have now been briefed on the situation.

Gyzmo I can see your frustration but dont allow yourself to be baited.

Seems the issues here are being observed.

[demon_x_slash]

It's just that he keeps coming on saying the same wrong things - people get tired of having to repeat themselves, and it can be dangerous if people actually act on his misguided advice. I'd appreciate it if you wouldn't mind keeping an eye on him and his alts, Martin

[MARTIN3030]

My information is that this is in hand Demon.

Both you and Gyzmo are well versed and experienced in the fields on which you are helping with in these forums.

Naturally if you come across advice which you feel is not helpful or innacurate then feel free to add a correction/report it.

Thanks for your valued input by the way.