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  #1  
Old 07-October-2008, 20:31
elliot elliot is offline
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Default Just took Comet to court...

........and WON

We had a fridge freezer that developed a fault that rendered it near useless.

It was 3 years old

They said they weren't gonna pay for the repair, but if we payed upfront for an inspection and repair they would consider it again.

Real big of them I thought

Since comet have one of the worst reps for customer service out there we got it repaired ouselves and asked Comet for the money.

They refused of course.

Anyways, went to court recently and the Judge aggreed with us.

Have to say that to beat Comet in court is a wonderful thing.
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  #2  
Old 08-October-2008, 04:02
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Worldlife Worldlife is offline
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Default Re: Just took Comet to court...

Congratulations - well done

Tell us more - did they bother to appear?

Did they instruct solicitors and did those solicitors contact you for full and further particulars of the claim.

What were the key points of your case and what was their defense?
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  #3  
Old 08-October-2008, 22:26
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Default Re: Just took Comet to court...

good stuff, as above would like to know more
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  #4  
Old 10-October-2008, 13:52
elliot elliot is offline
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Default Re: Just took Comet to court...

Congratulations - well done

Tell us more - did they bother to appear?

Did they instruct solicitors and did those solicitors contact you for full and further particulars of the claim.

What were the key points of your case and what was their defense?
Originally Posted by Worldlife View Post
1)Yes, the appeared in the form of a service manager

2)No

3)Sales of Goods Act, ie ...merchantable quality, fit for purpose, lasting a reasonable time etc

4)Despite saying a lot I couldn't make out their case

Judge wasn't too impressed either which warmed the ole heart

They were all sweetness and light in the court quoting response flow charts and loads of other tosh.

A complete contrast to their original attitude before the court case.

When he asked whether Comet had been in court before in a similar situation and the guy replied 'never' he had extreme difficulty suppressing a laugh.

During the trial he asked the same question again, twice.

His face then expressed something near incredulity

It seemed quite a complicated summing up but I think the gist was he didn't like their written response to our situation, gave them a mild b*ll*king over their response policy to this sort of situation and found for us.

All in all a good result.

It does show I think that these extended warranties are in many cases unnecessary and quite often a rip-off.

The sales of goods act gives you fairly good protection provided you do everything correctly before court.

The act hinges on in my type of case in 'what is a reasonable time for the goods to last' and the nature of the fault ie the part that fails.

IE the bulb failing in the fridge wouldn't cut it
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Old 11-October-2008, 07:03
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Worldlife Worldlife is offline
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Default Re: Just took Comet to court...

No wonder they got a "bollocking". Their attitude verges on contempt of Court and the judicial system.

The Court system is designed to try and resolve things before the hearing by the exchange between the parties of any information.

It seems you , and therefore the Judge, were not provided with clear written details of their response to your summons. There was therefore no opportunity for you to ask for any "further and additonal information" relating to their defence.

It looks as if the retailer wanted to leave the situation unclear but deal with the odd case as cheaply as possible.
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  #6  
Old 14-October-2008, 12:23
nicwilliams
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Default Re: Just took Comet to court...

Well done for going for it and sticking to your guns! Did you manage to get any compensation to cover court costs, time etc??
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Old 14-October-2008, 21:03
elliot elliot is offline
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Default Re: Just took Comet to court...

Well done for going for it and sticking to your guns! Did you manage to get any compensation to cover court costs, time etc??
Originally Posted by nicwilliams View Post

Hi

yes. we got travelling and parking costs
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