What are the correct consumer rights?

  johnbhoy 19:39 11 Sep 03
Locked

Guys - My mother-in-law bought a Sony digital video camera from Comet's online store Novemeber of last year, for the first 4 months of it's life, it was working correctly, during March of this year, it started to jam when loading and unloading the tape for the camera. It was sent awya for repair, all for fine for a few days and then the same fault developed, again sent for repair. All for fine until August when the same fault happened again, it has again been sent for repair. My mother-in-law has sent an email to Comet requesting a replace camra instead of a repair, today she received an email from Comet customer services who have stated "as long as the unit can be repaired they will continue to do so, until a repair cannot be undertaken, when a replacement will be approved". My question is What rights if any does my mother-in-law have in regard rejecting repaired camera and asking for a replacement.

Not sure if this is of any use, but camera was purchased using a Visa card.

Any info or advice much appreciated.

Regards

JohnBhoy

  wee eddie 19:45 11 Sep 03

The latest rewrite of the law allows them the option to attempt a repair. It does not define the number of attempted repairs that could be carried out.

  BRYNIT 19:54 11 Sep 03
  carver 21:37 11 Sep 03

If this repair works, but the same fault reappears, even after the warranty period has elapsed, then Comet still have an obligation to supply you with an item that is of satisfactory condition. Write to Comet and explain that if this same fault appears again, then you will expect a replacement item.

  Forum Editor 23:58 11 Sep 03

came into force in April of this year, and under them the camera's fault would be assumed to have been present at the time of purchase, unless the retailer could prove otherwise.

This camera was purchased before then, although it doen't mean you are unprotected, you are.

Under the terms of the sale of goods act a video camera would reasonable be expected to function correctly for a lot longer than six months, and it is (in my view) perfectly reasonable for you to tell the retailer that you've had enough of these repairs. Write to Comet as carver suggests, but tell them that you are rejecting the camera, and that you want a replacement. Say that you have no faith in the machine, because the same fault has manifested it self three times, despite their attempts to repair the camera.

  Stuartli 00:10 12 Sep 03

Write to Comet, as the FE suggests, but first find out who is the top man (or woman) and send your letter to him/her direct; even better is to mark it Private and Confidential.

You may be surprised just how quickly the matter will be resolved....

  johnbhoy 09:32 12 Sep 03

Guys,

Have sent email rejecting camera as stated by FE, will update you on any further progress.

Thanks for the information.

JohnBhoy

  wee eddie 12:25 12 Sep 03

The buyer must write the letter - eg. your Mother-in-law.

You can actually write it on your PC, but it must be from the buyer and signed by the buyer. Send by Registered Post to the Company's Registered Office. There is an argument that Recorded Delivery is sufficient, but as we are talking about a claim for several hundred pounds - Register it. They cannot ignore it and the Post Office guarantees delivery.

  carver 08:08 13 Sep 03

If you or your Mother in law decide to reject the camera make sure that you keep a copy of any letter you write, keep the letter short, state the facts and give them a time limit of 14 days to reply with a response, as FE says stress that you have no faith in the camera.

  spuds 11:37 13 Sep 03

I recently purchased a Lexmark X5150 4in1 printer from Comet.Having had problems installing it, I contacted both Lexmark and Comet Customer Services at their HQ.I received the usual appologetic letter from Comet, but it didn't answer the questions, that I raised. I am still trying to sort out the problems with the printer via Lexmark Technical Services.

Address for Comet: Comet Group Plc,Criterion House,George Street,Hull, HU1 3AU.
Telephone:01482 320681. Fax:01482 592145. Web: click here

  johnbhoy 10:06 29 Sep 03

Hi Guys, Latest update, Comet refused a replacement/refund of Friday, mother-in-law contacted credit card company on Saturday, all documentation has been passed to them. They are going to pursue this matter on behalf of my mother-in-law. Hopefully all will be resolved in the next week to 10 days.

Cheers

JohnBhoy

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