P. Pilcher 1, Comet 0.

[P.Pilcher]

About 5 months ago, I acquired a refridgerator from Comet. Four months later it stopped refridgerating. Comet's engineer was called who duly condemmed the 'fridge as unrepairable, and as the manufacturers had ceased trading, no spares or replacements could be obtained. He then stuck a red sticker on it's door and told us to return it to Comet for a full refund. We did.
"No Sir" said the man, as it is over 4 months old we will only give you a credit note or gift voucher.
"But I don't want a gift, I want a refridgerator and you have no suitable replacement in stock. "
"Gift voucher or credit note only Sir"
That's no good to me as I want a 'fridge and you haven't got one. What are you going to do?"
"Gift voucher or credit note sir."
You are advised that as the 'fridge has failed within six months and is unrepairable or replaceable, the goods were not of merchantable quality according to the trading standards regulations. Thus I am entitled to my money back.
"Credit note or Gift voucher sir, which would you like? We work closely with trading standards sir, and it is company policy only to refund money if the goods fail like this within 4 months."
"It is six months - I wish to see the manager."
"The Manager is not here sir, but if he was, he would only tell you the same."
"Give me the number of your head office please."
After a long and expensive mobile call to Comet head office, they were also adamant - no refund - only a credit note or gift voucher could be supplied.

A letter written in complaint to the chief executive of Comet produced an amasingly swift telephone call in response. Yes - we were entitled to our money back, our interpretation of the current trading standards regulations was correct and the branch concerned had had a rocket for refusing the refund!
On collecting the full refund (which paid for a suitable 'fridge acquired from a nearby competitor), the real manager (who now miraculously appeared) requested the letter so that she could take a copy of it. This was to cover her "backside" as by refunding as she had done was in contravention to published company policy!

So now you know. I just wonder whether the top echlon of head office will now get company policy revised in all Comet stores, or take no further action as to do so will save them some money - except from complainants like me who take it to the top.
Of course it goes without saying that if the chief executive had refused, I would have had fun in the small claims court!

P.P.

[Guest]

Re: P. Pilcher 1, Comet 0.

Well done.

Just to clarify the point regarding the six months that you mentioned. When a consumer buys goods from a trader, they enter into a legally binding contract governed by the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. The law gives buyer and seller rights and responsibilities. Therefore, when one buys from a trader such as Comet, one has the right to expect the goods to be of satisfactory quality, fit for purpose, including any particular purpose made known and as described.

These legal rights under the Sale of Goods Act 1979 and the other Acts of Parliament mentioned above cannot be taken away or reduced. As buyers, we can take legal action under the Sale of Goods Act 1979 for up to six years (five years in Scotland) after the date of the contract.

In addition to this (and this is where the six months comes into it) the Sale and Supply of Goods to Consumers Regulations 2002 gives further rights to consumers and states that goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date. This is termed the "reversed burden of proof" and no matter what Comet may state about their own company policy, they cannot supersede UK and EU law. This is the reality in law and and has been in various forms for well over 100 years (Sale of Goods Act 1893).

There is no four month period, nor is the six month period any kind of cut-off that will prevent you getting a refund as it simply means that, from the six month point, it is up to the buyer to prove that the goods do not conform to the contract of sale. You have rights, as above for up to six years (five years in Scotland) although these do decay over time and the level of refund you may expect will reduce as time increases.

The sad truth is Comet will not act any differently and this can be amply demonstrated by the helpful man you met in the store. Where do you imagine he got his four months from, if not from internal Comet training courses?

However, well done for sticking to your guns and getting the full refund you were entitled to.

[P.Pilcher]

Re: P. Pilcher 1, Comet 0.

Cetelco: Many thanks for eruditely summarising the law which I was able to remind the CEO of Comet of which speedily produced my refund. In the telephone call received as a result of my letter, the CEO's personal assistant assured me that before making the telephone call, some area managers had visited the branch in question and seriously upbraided the staff for not honouring my legal rights. Indeed this person suggested that severe disciplinary action had been taken.
On visiting the store to claim my refund, as I stated in my original post, I was suprised that nothing appeared to have changed and the manager required a copy of my letter as to refund my money was contrary to company policy.

Let us hope that our posts will assist other readers who experience similar difficulties with Comet

P.P.