Pensioners protest over broken laptop outside store
A disabled pensioner staged her own protest outside a Lincoln electronics store after it refused to replace a new laptop she said had never worked properly.
Jeannie Kelly, 60, from Market Rasen, bought the computer in December from the Tritton Road branch of Comet, as a Christmas present for her husband Andrew, 68.
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Andrew Kelly and his wife Jeannie outside Comet.
But according to the couple when they turned on the Toshiba machine for the first time they found that a number of keys on the keyboard were faulty.
And, they claim, when they took it back to the store after four weeks, staff said that it was a problem for the manufacturer.
Mrs Kelly said she felt Comet had not done enough to help resolve the problem.
"Toshiba were fantastic – I've nothing against them," she said.
But, she said, Comet had said it would not given them a replacement machine.
After numerous phone calls to the company's head office, speaking to Toshiba, and hearing the laptop was still not back from repairs in Germany, the couple took up placards outside the shop doors to tell other customers about their plight.
"We warned them that we would stand outside with placards," said Mr Kelly.
"And I was prepared to picket there as long as it took.
"I was not about to give up."
But after the Echo visited the couple outside the store on Friday lunchtime, managers offering to refund the couple's deposit, knock 30 per cent off the cost of a replacement laptop, upgrade the new laptop's warranty to "gold", and even pay compensation.
A spokesman for Comet, Carla Evans, said: "We are sorry to hear about the issues Mr and Mrs Kelly have experienced with their laptop, and can confirm that we offered them a refund or exchange.
"Toshiba have confirmed that there was not a manufacturing defect with the machine, however given the length of time of the repair, we are prepared to make an exception as a goodwill gesture."
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by phil, lincoln
Monday, February 08 2010, 6:31PM
“Kevin, you have a contract with the party who actually sold the product to you, under which they are liable for up to six years in the case of damages (repair, replacement). Up to six months after purchase the retailer has to prove a product was not faulty, after six months the consumer is responsible for proving the product was not fit for purpose (ease of this dependent upon type of good etc.) Comet are acting against legislation if they refuse to take responsibility for potentially faulty goods returned to them. The trader is liable for any contract breaches unless acting as an agent for the manufacturer (which Comet is not doing). Consumer direct help with complaints but Comet is a member of RETRA so should be able to deal with the matter more efficiently. Amazing how many retailers still don't comply with the sale of goods act and illegally inform consumers they are not contractually obliged to deal with faulty items after 28 days.”
by NottsRed, Notts
Monday, February 08 2010, 6:19PM
“KevinLincoln, Lincoln, if its in the first 12 months, Comet are responsible, they cannot dispute this. They can recommend that you go direct to the manufacturer, but they cannot insist on this, they have ultimate responsibility and you can insist that they take the product back and communicate with the manufacturer.”
by CJ, Lincolnshire
Monday, February 08 2010, 6:04PM
“I work for a well known supermarket and the returns policy on electrical items is quite simple, free years gaurantee, if a problem arises within that year then its a simple replacement or refund, as long as present with receipt. Customer brings item in, complete with all associated accesories, states it is faulty, and refund is processed. simple.
Cant believe Comet and the like hang on to this poor 'policy'. THEY have your money, and THEY have been sold defective goods from the manufacturer so THEY should refund or replace the customer, and then comet (or whoever) can chase up any refund to their company from the manaufacturer. again, simple. Customer goes away happy.”
by KevinLincoln, Lincoln
Monday, February 08 2010, 5:55PM
“I was told that when you buy something new and it is faulty like this from the start, your contract is with the supplier (in this case Comet)
I had a similar problem with Comet, and they didn't want to know and reckoned my dispute should be with the manufacturer.
What is the situation? Are Comet right to make the purchassers go to the manufacturer to sort it out?”
by NottsRed, Notts
Monday, February 08 2010, 5:08PM
“Within the first 12 months of purchase of goods, the responsibility is on the retailer, not the manufacturer. If you have a fault, you can return it to the retailer, and it is up to them to take the issue up with the manufacturer.
However I have found it quicker in the past to contact the manufacturer myself rather than take it to the store. They will pick the product up from a location of your choice, and return it to you.
However, problems are not limited to Comet. I had a laptop a few years ago from PC World, returned it 7 times before threatening to go to the papers, trading standards, watchdog and anyone else I could think of to get them bad publicity. I shortly after received vouchers for a new laptop. On one occasion they said they had misplaced my laptop but couldn't replace it until they'd found it!! Kicked up a fuss and got vouchers a few days later.
More recently however I returned a laptop, it was picked up from me on the monday morning, phoned on the tuesday to see they had got it ok and was told it had been repaired and was on its way back to me. Next day (wednesday) I had it back. Superb service on this occasion.
Bit hit and miss really.”