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PostPosted: Wed Mar 28, 2012 10:05 am 
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Joined: Thu Feb 16, 2012 1:36 pm
Posts: 16
Laptop Make: HP
Model: DV6331EU
Graphics Card: 7200 GO
Purchased From: High Street Store
Amount Paid: 599
Date Purchased: 15 Jul 2007
Date Failed: 01 Mar 2009
I called Comet HQ 2 times last week. Monday I was told that the person I wanted to speak to was off sick, and then on Friday the person was "not available" again. I just phoned back again this morning, and actually spoke to the person who replied to my 2nd LBA. I said I would prefer a refund to am exchange, but he flatly refused. I then said that I would accept the exchange for a Compaq Presario CQ57-366SA, but only if they also refund the cost of the engineers report. He could not tell me and is going to "get back to me", maybe today, but more likely tomorrow.

IF they do not refund the engineers report, then my total refund amount, in effect is £284.99. BUT that is only if I can sell the laptop at the same price as they do on their comet-direct eBay store - £349.99. They offer free delivery on that aswell, so people are unlikely to pay that price from a private seller when they have to pay delivery on top.

So I am not really happy with the outsome so far. Can I still go to small claims for the cost of the engineers report? In effect they have finally accepted that they sold me a faulty laptop, so I can't see why I wouldn't get it back.


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PostPosted: Wed Mar 28, 2012 7:23 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Craig,

The cost of the engineers report is known as a consequential loss and so you are fully entitled to be recompensed for this.e

Like you quite rightly stated, if they did not refund this amount then your actual refund would only equate to £284.99.

Comet have refunded this fee time and time again so why they are playing hard ball is beyond me.

Don't let them fob you off over this. Stand your ground and, if necessary, sue them, but please don't give in.

Regarding the laptop that they have offered. It does seem to be a higher specification laptop than the one that you had so it would be difficult to find a reason to reject their offer of that. If you did you run the risk of a judge ruling that you had acted unreasonably in proceeding to court and could disallow your costs.

Of course he may not but it is risky.

The engineers report is a separate issue and you are fully entitled to be refunded that. If Comet believe that you will continue with your claim if they don't refund it then they would be foolish to continue to resist.

I hope the above helps.

Any questions please let me know.

Best wishes

Paul
The Admin Team

_________________
=======================================================
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Why you should not accept a repair
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What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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PostPosted: Mon Apr 02, 2012 10:42 am 
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Joined: Thu Feb 16, 2012 1:36 pm
Posts: 16
Laptop Make: HP
Model: DV6331EU
Graphics Card: 7200 GO
Purchased From: High Street Store
Amount Paid: 599
Date Purchased: 15 Jul 2007
Date Failed: 01 Mar 2009
I did get a call back later that day and spoke to someone who said they would refund the cost of the engineers report, which will be sent as a cheque.
I took my HP laptop back to comet and the following day and they said it should only take 2 days for my replacement to arrive at the store. So it's all good, other than the cost of petrol for 2x trips to the comet store which is the other side of town!

Overall I am happy with the outcome, as it means I don't have to go down the small claims route. I will let you know when the cheque arrives, and IF I manage to sell the new laptop! I almost sold my broken HP laptop on eBay for £121 spares or repair!

Thanks very much for all your help Paul. I would never have even thought about doing this if I hadn't found this forum!

:!


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PostPosted: Mon Apr 02, 2012 4:29 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Craig,

Well done on your success. :! :! :! :!

I am pleased that you stood your ground as they would probably have not refunded you the cost of the report if you had just let them fob you off.

I hope that you can sell the laptop for a good price and that you are happy with the final outcome.

Well done again and all the very best for the future. :! :! :! :!

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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PostPosted: Wed Apr 11, 2012 7:59 am 
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Joined: Thu Feb 16, 2012 1:36 pm
Posts: 16
Laptop Make: HP
Model: DV6331EU
Graphics Card: 7200 GO
Purchased From: High Street Store
Amount Paid: 599
Date Purchased: 15 Jul 2007
Date Failed: 01 Mar 2009
Thanks Paul.

Yesterday I received a cheque for £65 from Comet HQ along with a short note;

Dear MR PETTITT

I have pleasure in enclosing a Cheque to the value of £65.00. This payment
is made without prejudice and in full and final settlement.

If you require further assistance, please do not hesitate to contact us. In
the meantime, please accept my appologies for any inconvenience that you
may have been caused.

Yours sincerely,

Customer Services Deptartment.


Now all I have to do is sell the replacement laptop! :x I've had a couple of offers so far, highest was £290!

I would even settle for an iPhone 4S or an iPad in exchange.

This will probably be my last post on here, so I hope this has helped someone else and good luck to all who are in the process of making a claim.

All the best,

Craig.


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PostPosted: Wed Apr 11, 2012 6:59 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Craig.

Well done on pursing the cost of the engineers report and for eventually receiving a refund of the same. :! :! :! :!

I love it when they state:-

Quote:
This payment is made without prejudice and in full and final settlement.


Seems like they do not even want to admit to the fact that your laptop was inherently defective.

When will these retailers wise up?

Who knows, but they are fighting a losing battle.

Good luck with selling your laptop and I hope that you get a really good price for it.

Fingers crossed for you. :x

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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PostPosted: Sun Nov 04, 2012 10:37 am 
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Joined: Thu Feb 16, 2012 1:36 pm
Posts: 16
Laptop Make: HP
Model: DV6331EU
Graphics Card: 7200 GO
Purchased From: High Street Store
Amount Paid: 599
Date Purchased: 15 Jul 2007
Date Failed: 01 Mar 2009
Just one final post! At the end of April the replacement laptop sold for £330 on eBay. Minus £33 final value fee and £11 paypal fee.

So, not too bad. I happen to think the ebay/paypal fees are too high, I did try it on preloved and gumtree first with no luck :roll:.

I am really glad I got my claim processed when I did, as Comet are in a real mess now. Just reading this story about people who have ordered things online and now they will not be getting the item or a refund;

http://www.dailyrecord.co.uk/news/scott ... rs-1415713

So, chances of getting anything out of them now are pretty slim.

Once again, thanks for your help.


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PostPosted: Sun Nov 04, 2012 5:36 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Craig,

Craig wrote:
Comet are in a real mess now....


I my opinion they always have been in a real mess. From their staff not being knowledgeable of the Sale of Goods Act to the way they set about defending what was the indefensible Comet never were, in my opinion, the shining light on the high street.

If you take a look around some of the other consumer forums on the internet you will see the wealth of complaints about that company. On one forum it is stated that Comet are the most complained about of all the other retailers.

As I said in a previous post, I would like to say that I am sorry to see Comet go, but I really can't.

I am just really pleased that you got your claim resolved when you did. :! :! :! :!

There is still hope for anyone who purchased from Comet and paid by credit card as they can now pursue a Section 75 refund from the credit card companies.

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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