I bought an external Hard Drive for my computer from the Comet website to use as a backup for photos and videos I take of my family and rambles I do on my scooter.
At first I had no problems with it then a window would come up saying I needed to format the hard drive before I could use it. By this time I had already transferred photo`s and video`s on to it but I thought I`d better do what it says, so I formatted the drive. I then again transferred photo`s and video`s on to it but again this window would come up. This window would keep on coming up between once a day and two or three time every two or three days. This did not give me much confidence in backing up my photo`s and video`s on the hard drive.
I phoned up Comet and was told I would have to take the hard drive to my local Comet store for them to check it before I could get a refund. I told them that I am not able to use public transport and would have to use a taxi and would comet pay the £40 or so £ it would cost me to get there and back home, I was told No, I queried and was told I would have to phone another number and ask them which I did but was told the same thing “No”. (I had thought that since I had bought the hard drive from the comet website it would have to be sent back to them but again they say no it has to go to their local Comet store).
I phoned up Consumer Direct and was told that under the Sale of Goods Act 1979 (as amended) I would need to argue that I should not be at a financial determent as a result of receiving faulty goods. As a result, I should argue that Comet should either collect the goods or give an assurance they will reimburse the cost of return should the goods be confirmed as faulty. And I should argue that as I purchased the goods online, I should not have to visit your local store to return them.
I was also told that Consumer Direct has templates on their website that i could use and I did, I went onto their website and used their relevant template which was Template letter No.6.
I received a phone call from Comet shortly afterwards and still told I would have to take the hard drive to a local store.
I got back in touch with Consumer Direct and was told that If the trader does not respond positively to a second letter, you may need to consider taking further legal action through the small claims track of the County Court to enforce your rights
In the last letter I wrote to Comet part of what I said was: I suppose I should also have said I have MS and am disabled, but I did not think I should have to since having bought items before online which have be found to be faulty after I have received them and there has been no problem with them beginning sent back for repair or replacement or even a refund (which thank goodness has not been many).
I do have a wheelchair but would have to use a taxi to get the nearest bus stop that accessible buses stop at. I also have a mobility scooter but it is too big to fit it accessible buses.
Since both of the responses I have had from you have said I have to take the hard drive to my local Comet store to be checked (which I am unable to do, plus I don`t think I want a replacement now I want a refund so I can go elsewhere to buy a hard drive just in case the replacement I was to get from you is faulty as well and I would have to go through all this again, no-thanks) and after having to go through all this hassle for a £50 item and since I am not prepared to go to the expense of legal action through the small claims track of the County Court.
So it seems I will just have to write off the item I bought from you and save up to buy another hard drive from elsewhere. I have been told that this what you will be hoping me to do, well you win, for if I have to pay for a taxi to get me to and from the nearest Comet store which would be around £40 I could be put this towards a another new hard drive from elsewhere.
But what I will do is go onto the Comet website and write a comment hard drive. I will also write to every newspaper I can think of. I will also write to BBC`s Watchdog and see what they think. I also look after a website for a local charity (which seems to be getting quite a good response) for disabled people plus their newsletter.
The response from this letter was a phone call from Comet saying that the hard drive would be picked up and I would get a refund. Which did happen, the hard drive was pick up and I received a refund.
But what a palaver, I have bought items online before which have turned out to be faulty and I have just had to post them back or an envelope etc has been sent to me to send the item back in. I don`t think I`ll be buying a small item from Comet online again in a hurry.
Robert |
