Please Help: Going to court with PC World ?

[BigToe7000]

Yes, my "80GB" hard drive in my other computer shows up as 74.4gb. With a 5gb or so recovery partition 69.9gb seems about right...

[Hammy1962]

Forgive me, but as this post is already going slightly pear shaped, the Mod Gods might allow me to make an observation

What on earth is a Chief Executive Officer of a computer-driven XXX company doing buying a retail Laptop for business use from PC World?

Your not an MP are you?

Hammy

[Quady]

I can replace the screen for £235 + shipping

[elizabinti]

The Sale of Goods Act 1979 refers to all types of contracts, consumer or otherwise. I think what you're talking about is s14(2) and implied terms, which are in force. The main one you're looking at is the implied term as to the condition of the goods - aka, in a satisfactory condition and fit for purpose. If the contract (sales contract, that is) excludes these implied terms, you may have a problem there.

I'm afraid that if you bought the laptop for your business, you are excluded from the consumer legislation (UCTA, Consumer Contracts Regulations 1997 or 1999 i forget which etc)

Look at any contracts or standard form contracts you might have. Make a timetable of what happened in what order. If they have breached any terms, try and establish how serious the term of the contract is - if it's a 'condition' term, then you can hold PC World in repudiatory breach and demand all monies you paid back.

I replied because I'm having the same problem with the same make of laptop. It's about as useful as any expensive doorstop can be, and it's a damn shame that's not what I was trying to buy eight months ago.

If you are attempting to small claims it, here's a little help:
- Go along to your local County Court. Fill out a 'Claim Form' and pay the fee. They'll stamp it for you. If you want to prepare your 'Particulars of Claim' beforehand, take it with you. Get a solicitor or someone who knows what they're talking about to draft you one. If you want a little time to do this, make sure you mark the 'to follow' part of the Claim Form. Do not use emotive language in any court documents.
- You then 'serve' the Claim Form on DSG Retail (trading at all material times as 'PC World' and 'theTechguys') at their registered office address, unless they have expressly indicated otherwise (in writing). You do this by post. You must include a Response Pack when you serve the Particulars of Claim - if this is done separately to the Claim Form, this must be done within 14 days.
- Wait 14 days. If DSG Retail don't 'Acknowledge Service' by this point, you should apply for 'Judgement in Default'
- If DSG Retail reply, they'll file an Acknowledgement of Service and serve it on you. It may or may not come with a Defence or Counterclaim. If it does, you may wish to serve a Reply. If it does not, they have 14 days to do this.

You then continue with the proceedings. If no AS is filed, and you apply for Judgement in Default, that means you don't even have to prove your case. If you get that, or a judgement in your favour, then you can get payment out of them within 14 days.

I'm thinking about taking PC World to the small claims as well. They lost my laptop, so surely it should be a bit more straightforward....

[Bookworm]

First post: 3rd March 2007, 21:31

[demon_x_slash]

Eh, the post above yours was still useful, Bookie my sweet