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I am soooo mad. Sales of Goods help required..x

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happyjo | 16:05 Sun 05th Oct 2008 | Law
12 Answers
Hi all.

I am furious. Training as a solicitor I thought I knew my rights as a consumer. I must be wrong!!

My hubby bought a laptop from Comet 6 weeks ago. It is used most days for a couple of hours, but after a week or so, it started to stick on screen, crash unexpectedly and not turn on. The screen often goes into a pixel frenzy too.

He has done all the things suggested in the handbook and followed the recommended recovery procedure. Today we went to Comet and asked for an exchange. We were refused. The little jerk (who was a complete smug idiot) said that we had no rights to an exchange until it has been diagnosed by Sony. I pointed out that SoGA section 14 says we have certain rights, and he said it doesnt apply to computers.

Anyway, my husband stormed out and is seething.

Its 43 days old for gods sake, where they right in saying that their policy states that I have to send it off for repair, which wil take 21 days?????????????

Ta in advance

J xxx
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oh and excuse my terrible grammar and spelling... I was typing fast and furiously
According to the sale of goods act:
" It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
"
Sorry HappyJo he is talking out of his bottom. Of course the SOGA applies to computers. I'd write a very snotty letter to head office.
I know thst tescos try to say that anything electrical after 14 days has to be sent to the manufacturer! I argued and they gave me my money back. It is wrong, but they do it basd on the idea that you will settle for an exchange, asking for a refund is acceptable but they are trained to avoid this at all costs
as dot points out, this is a usual tactic in chains - Tesco are so notorious for it round here that no-one will use them. They try to get you to deal with the manufacturer and then just keep counting the pennies.
Go in, insist on speaking with the manager, bring a copy of the act and make him read it. If you still have no luck, issue a small claims notice on them. And make sure you keep records!
same trouble with a mobile phone they can be given 3 chances to get it repaired before they offer you a refund/or new one......however i hope common sense plays a part as shops are begging for customers and as a goodwill jesture replace it now
Question Author
Thanks all,

I am pretty clued up, or at least I thought I was on the SoGA and did say several times that my statutory rights are superior to their instore policy. The little eejit who called himself a manager ( not the store manager because he does not work on a Sunday) said that computers are so technical in nature that they fall outside the scope of the SoGA and therefore need to be examined by the manufacturer first.

TBH, I spent most of my time in there trying to calm my hubby down as he was ready for a screaming match.

I have wrote to the branch, head office and also mr credit card, I have researched it a bit more today and am even more angry now I know I am correct.

Then again, I could have stood there all day and they would have not budged, that's why I doubted myself.

Thanks everyone. I'll keep you posted..

xx
Also i find a quiet word in the ear of the gob ***** helps threatened to be taken outside and given a slap
Go get 'em Jo if you can't then there isn't much hope for us poor old suckers.
Question Author
Markh1972,

Mobile phones on a contract are differnet I think, as they under a contract. BUT thanks for you tips, if it was upto my other half, the 'manager' would now be managing his wounds... but I tried to be calm and the voice of reason.

I will get these suckers, what makes me mad is that I thought I had the legal knowledge and they still managed to knock me down, what about the average joe who goes in Comet? he will be shafted by their cr*p x

And puss_boots... thanks mum x

J xxx
Hi happyjo- any news? xxx

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