Hi Folks,
Having followed the forum guidance on faulty and not fit-for-purpose goods, I am now at a crossroads with the artistes under scutiny. Original at the foot of this letter. The Philips x56 laptop is a shed after 2 months.
Response from PCWORLD is for the company to provide and pay for independent technical assessment of the damage to the screen only (one of three faults) - they have not answered any of my questions....
All guidance gratefully appreciated,
dsz.
Dear Sir/Madam,
RE: Purchase of Philips x56 notebook Receipt number: XXXXXX (copy of receipt attached) I am claiming a full cash refund on the product Under Breach of Contract under The Sale and Supply of Goods to Consumers Regulation 2002.
a) I purchased a new model and after one month the paint was wearing from the mousing surface, making it impossible for me to use this for business presentations. b) The Hard Drive capacity is 69.9 Gb as opposed to the stated 80Gb. c) The operating system failed on 01-01-2007 and took a day to recover to a useable state using the recovery system. d) On 10th February 2007, the laptop was opened and a crack was heard.
This was the sound of the notebook screen cracking under normal operating conditions. As a laptop user of some five years without event, and the Chief Executive Officer of a computer-driven XXX company, I explained my business requirements very clearly to your sales staff regarding build quality, appearance and uptime.
None of the above potentials for failure were explained at the time of purchase, as the sales representative stated that these laptops were robust.
• Customer Services were contacted on the 11th February, and I was redirected to The TechGuys. They offered to bring the laptop in for assessment on 13th February, and stated that the number of faults that had appeared could mean that the laptop was of substandard build.
• I was redirected by The TechGuys back to customer services, to ask for a refund.
• Customer services sent me into the local Bolton store to present the laptop to the General Manager to ask for a refund or credit note.
• The General Manager refused to even assess the situation, stating that it was my fault that I had not purchased the PC protection package.
• The laptop was picked up by the TechGuys on 13th February, and on 16th February I was contacted by PC World stating that the screen damage was accidental and was not liable under warranty. No statement was made about the paint missing on the mousing surface or the hard drive capacity.
• My PA contacted PC World Customer Services to request from you a refund or credit note in order to avoid legal action, and was given the customer services postal address. No statement from PC World was given regarding your further intentions with the laptop and it is still in your possession.
• The Laptop was returned to me on 19th February with the Service Report and TechGuys Inspection Report, advising that the cracks in the LCD screen were not caused by a manufacturing defect, and as such were not covered by the manufacturers warranty.
Please note the statements regarding:
A. The flimsy nature of the x56 screen at
Philips Freevents X56 review - IT Reviews
B. What most manufacturers have done to the screen casing to prevent screen failure at
Don’t Be Surprised When Your Laptop Breaks - Editorial - CIO
C. The quality of the paint
IT Reviews - Discussion Forum - Philips X56 (page 6)
Resolution of this matter
I hope that you will enter into a sincere dialogue with me about this matter and assume that you will prefer to do this than merely respond with standard letters and leaflets.
I will give you 14 days from the date of this letter to reply to me accepting, unconditionally, my request and letting me know a date by which I will receive payment.
If you do not respond positively within this time period, our company solicitors, {XXXXX} are instructed to lodge a claim against you for the full amount of the notebook and interest plus my costs and without further notice in the appropriate Small Claims Court.
I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
As an act of good will to avoid the need for legal recourse [XXX] is willing today to accept a full refund for the notebook in the form of a credit note that we can redeem at our convenience in any PC World store against any goods including goods on discounted sale and/or special offer. If this is acceptable I will accept a faxed reply today as confirmation via the contact details above.
There will be no further communication from me and [company lawyers] will issue a claim at the expiry of the deadline.
Yours faithfully
dsz
Please Help: Going to court with PC World ? 
