Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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  1. #1
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    Default Faulty refurbished Advent laptop

    On 3rd Dec 08, I purchased a refurbished Advent laptop from the PC World website. Reading the details, it came with a 12 month warranty, much like a new one. The laptop is in pristine condition cosmetically and has a good 17" screen. The battery life is dire and the speakers are more tinitus than dolby.

    After a couple of weeks, it started switching itself off. Every few days it'd happen; acting as if the power had been cut.
    I put it down to overheating. It was sitting on the sofa or on my knee. It was a pain because I was working but luckily Office 2007 is good at recovering the work.

    However, since New Year, it has been happening more frequently. I exported the event logfiles and it has happened a total of 24 times. 16 of those since new year. Recently, it's been 2 or 3 times a day.

    It's definitely a hardware problem, not software as I reinstalled Windows to make sure. and yet, it happened again this morning.

    I called them up and they passed me onto "TechGuys". They said they'd have to take it in for repair as it sounds like a motherboard problem. This would take upto 2 weeks before I get it back, which I can't do because I need it for work and study.

    I did a bit of research and on forums found at least a dozen examples of it happening to other people who had Advent laptops. (not necessarily refurbished either) so it seems to be a common fault, though PCWorld wouldn't admit that they've heard of it before. Also, the other people who have had the same problem have sent the laptops in for repairs two or three times and each time report that no fault was found.

    It is fair to say that this is an inherent fault and can be assumed to be faulty at time of purchase. Can I demand it be replaced (I don't want a refund) for a different make and model (which is about £15 cheaper) or do I have to jump through their hoops and book it in for repair (probably several times)? They say that I can only have it exchanged if it is faulty within 28 days of purchase, unless of course it can't be repaired, but isn't this contrary to trading laws?

    TIA,

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  2. #2
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    Default Re: Faulty refurbished Advent laptop

    Quote Originally Posted by bigyeti View Post
    On 3rd Dec 08, I purchased a refurbished Advent laptop from the PC World website. Reading the details, it came with a 12 month warranty, much like a new one. The laptop is in pristine condition cosmetically and has a good 17" screen. The battery life is dire and the speakers are more tinitus than dolby.

    After a couple of weeks, it started switching itself off. Every few days it'd happen; acting as if the power had been cut.
    I put it down to overheating. It was sitting on the sofa or on my knee. It was a pain because I was working but luckily Office 2007 is good at recovering the work.

    However, since New Year, it has been happening more frequently. I exported the event logfiles and it has happened a total of 24 times. 16 of those since new year. Recently, it's been 2 or 3 times a day.

    It's definitely a hardware problem, not software as I reinstalled Windows to make sure. and yet, it happened again this morning.

    I called them up and they passed me onto "TechGuys". They said they'd have to take it in for repair as it sounds like a motherboard problem. This would take upto 2 weeks before I get it back, which I can't do because I need it for work and study.

    I did a bit of research and on forums found at least a dozen examples of it happening to other people who had Advent laptops. (not necessarily refurbished either) so it seems to be a common fault, though PCWorld wouldn't admit that they've heard of it before. Also, the other people who have had the same problem have sent the laptops in for repairs two or three times and each time report that no fault was found.

    It is fair to say that this is an inherent fault and can be assumed to be faulty at time of purchase. Can I demand it be replaced (I don't want a refund) for a different make and model (which is about £15 cheaper) or do I have to jump through their hoops and book it in for repair (probably several times)? They say that I can only have it exchanged if it is faulty within 28 days of purchase, unless of course it can't be repaired, but isn't this contrary to trading laws?

    TIA,
    In short, you would have to jump though their hoops and have it repaired, unless you can prove having it repaired would cause you significant inconvinence. In which case they're more likely to provide you with a replacement until the repair is completed.

    Not sure if this applies to refurbished kit though.


  3. #3
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    Default Re: Faulty refurbished Advent laptop

    Within the first 6 months, they have to prove that it isn't faulty or has an inherent fault, so go for it quoting SOGAicon.

    As for you can't do without it, you have no choice, they can't look at it sitting on your dining room table, and you say it's no good as it is.

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  4. #4
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    Default Re: Faulty refurbished Advent laptop

    Hi,

    You will need to get the laptop uplifted and looked at by The Tech Guys, you can book this in on 0844 56 14000. This process will be at no cost to you what so ever. Also if you are unable to be in for them to pick up / deliver back the machine you can also take it in to your store and it will be booked in from there.

    In my experiance most laptops that get booked in for overheating are fixed the first time. Its very easy to be looking through the forums and get the feeling that any laptop that ever goes wrong is never going to get fixed and you will never get your money back!

    It is also advisable that you backup any data off the machine before it goes away for repair as the machine will probably be restored and your data lost as part of the fault finding process.

    In short, you would have to jump though their hoops and have it repaired
    Would you not say that it is reasonable for DSGi to have a look at the machine and repair it where possible?


  5. #5
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    Default Re: Faulty refurbished Advent laptop

    if it can be proved that it is a manu fault and is a recognised one by the manu, then unfit for pupose will work under SOGAicon, surely?

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  6. #6
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    Default Re: Faulty refurbished Advent laptop

    As I understand it DSGi are also entitled a reasonable period of time to diagnose the fault, and determine its cause. This takes the form of them getting the laptop uplifted.

    Having re-read the original post it was stated that that customer was using the laptop on their knee. In the manual that comes with all advent laptops it states that the laptop must be used on a flat hard surface to ensure adequate airflow under that laptop. For the laptop to be overheating when being used on someone’s knee it’s not a manufacturing fault - its misuse of the laptop. Once this has happened a couple of times it will dry out the thermal paste on the laptop, this causing it to happen much more frequently. The motherboard will normally be replaced just as a precaution incase it has been damaged by the overheating.


  7. #7
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    Default Re: Faulty refurbished Advent laptop

    Quote Originally Posted by trident25 View Post
    Would you not say that it is reasonable for DSGi to have a look at the machine and repair it where possible?
    Yes, I'd say it's reasonable, unless it's going to cause the customer significant inconveniance. For example I think it's completely unacceptable for something crucial like a washing machine or cooker as they're practicaly nessiccary to live. A laptop is a grey area, for all we know the OP could be using it for something like gaming, which is fine to be sent away, or something like college work which is pretty crucial.

    I work for DSGi plc
    (aka currys, pcworld, dixons)


    Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
    So please seek advice from a professional if in any doubt.

  8. #8
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    Default Re: Faulty refurbished Advent laptop

    washing machines are not crucial, laundrettes available in every town and even a sink and soap can do the job.

    cookers are more essential as it involves cooking food to keep you alive. especially if have disability. If not disabled, mcdonalds is a possibility for the short term, or a vegetarian restaurant.

    Now then a faulty pace-maker, a iron lung or a dialysus machine would be instant replaced within hours.

    But a PC is not classed as a essential, its a life style tool. ever heard of pen and paper, cyber cafe's, newspapers, telephones. yes they are old age now in comparison but they still do the trick.

    I always wonder why someone would buy a second hand computer (refurbished) for something that is so called Essential. if my job was on the line if i did not have instant acces to a PC i would buy two. especially at the refurbished prices available.

    my advice is simple.
    Just send the laptop away. If it does not work, then it is pretty much useless sat on your desk. If it does work then use it until you can go without it for a couple weeks and then send it off.

    If your car was to break down and you needed it for work you would have already made sure your insurance company or the garage has a courtacy car facility. same thing here. if a PC is a essential tool you should make sure you had a backup incase the worse happens.

    here are some other non faults and reasons you should have a spare PC or next day swap out insurance:
    Theft
    You would be surprised it does happen.
    Weather conditions
    Last fortnight's snow, one slip, snap crack, there goes your laptop
    Leaving laptop in back garden in the rain
    Abuse
    By covering vents to boil laptop thermal compounds and resins
    Pets biting, pulling wires. jumping up on lap, etc
    Children, food fights, greasy fingers, etc
    Wife, finding your MSN chats to other women and getting mad.
    Software
    Even back up software, viruses and kids love to delete things you hold sacrid
    Hard drive failures lose data, again back it up.
    Electrics
    Surges pop your computer not just your light bulb
    After 2 hours of charging battery, remove battery if still running on mains to avoid over charging battery, which leads to other issues
    Batteries
    Buy a second battery, you never know when someone has a power cut.
    Static build up causes failure to boot and motherboard issues
    Over charging after months worth of use causes battery to fail
    laptops that over heat can also damage a fully functioning battery.

    so now then. with lots of things that can happen and you have experienced just one. Was buying a second hand laptop from a website, based purely because its cheaper really a good idea? Which is more important, your work or your wallet.

    you could blame the shop for you not being able to do work or the car show room for making you late for work if your car stopped working, but either way it wont change the fact it stopped you from doing your job. Be organised, managers love people who are prepared and not come up with excuses.

    atleast check into home insuranceicon see if laptop is under new for old next day swap facility.

    have a nice day.


  9. #9
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    Default Re: Faulty refurbished Advent laptop

    Quote Originally Posted by mitch161 View Post
    washing machines are not crucial, laundrettes available in every town and even a sink and soap can do the job.

    cookers are more essential as it involves cooking food to keep you alive. especially if have disability. If not disabled, mcdonalds is a possibility for the short term, or a vegetarian restaurant.

    Ok, go into the currys forum on this site, there is a bloke on there with a faulty washing machine. It's costing him £5 a pop to wash his family's clothes, plus £20 in petrol money per week going there and back. Somehow I'd say that washing machine was essential to his family in terms of preventing huge costs, than actualy doing the washing.

    I work for DSGi plc
    (aka currys, pcworld, dixons)


    Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
    So please seek advice from a professional if in any doubt.

  10. #10
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    Default Re: Faulty refurbished Advent laptop

    .... sink and soap will do the job


  11. #11
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    Default Re: Faulty refurbished Advent laptop

    Quote Originally Posted by mitch161 View Post
    .... sink and soap will do the job
    Great, under that logic, why buy one in the first place.

    I work for DSGi plc
    (aka currys, pcworld, dixons)


    Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
    So please seek advice from a professional if in any doubt.

  12. #12
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    Default Re: Faulty refurbished Advent laptop

    Quote Originally Posted by Renzokuken View Post
    Great, under that logic, why buy one in the first place.
    its called lazyness and time consuming..

    most people find it a great comodity when they have a washing machile they can spend 40 seconds putting clothes in and hey presto worrys over for 40 minutes.

    but when things go wrong instead of spending extra time doing washing the old fashioned way they prefer to spend 10- minutes driving to shop- 10 minutes queuing up - 20 minutes arguing to fix a machine that the shelf stacker aint trained to fix, and more time on here arguing about how to sort it out while allowing their clothes to pile up.

    how about just let them repair it the way they have set out and do it manually for once.

    its actually theraputic to do it manually. stressing at a shelf stacker is not theraputic


  13. #13
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    Exclamation Re: Faulty refurbished Advent laptop

    Hey,

    I purchased an Advent laptop just over a year ago...
    I treat my laptop with respect and not even once used it on a surface that was not flat that would have prevented air flow for the vent...when using it not on my desk i have one of those laptop worktoppy things...kind of like a meal table top... that rests on your legs....I no longer have my laptop under warranty and therefore am left with an Advent laptop that chooses to turn itself off every few mins... Due to this fault I have been reduced to only using the laptop when I have the battery charger...a family member of mine who is a technician has checked my laptop and worked out that the battery is faulty ... the tech guys from PC world also confirmed this.... but there was nothing done as there is no warranty left on my laptop...I know how you feel... everytime the laptop cuts off ... I have to re-connect it to the mains just to get my laptop to turn back on....

    Further notice....why talk about how this person should have it fixed... if you search around....there have been many complaints about this laptop's internal battery life....and experiencing this myself i am lead to believe that it is the fault within the built of the laptop... so why should the customers have to waste their time on a product that has been built simply with this fault... I believe that it is unfair for customers such as myself whose laptop produces this fault over a course of time that i have to financially pay for as the warranty ran out...

    and for washing machines and cookers they are essential for healthy hygienic living conditions... my friends mother has several children and is financially suffering due to her husband leaving...when her washing machine broke down..she had to walk 12miles (6 there and 6 on her return home) with all of her childrens washing in black bin liners...she had to kindly ask her next door neighbour to watch the children whilst she did this walk...this was all due to the insurance company taking 2 months to fix the washing machine when it was so simple... turned out to be the door of the washing machine being faulty and therefore it caused the washing machine to leak...

    Thanks Babybuni
    Xx


  14. #14
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    Default Re: Faulty refurbished Advent laptop

    Well, batteries are a massive grey area as far as returns go. As you may already know, alot of people run their laptops off the mains unless they're out of the house or away from a plug socket. This leads to people overcharging their batteries (continuing to charge the battery once it's already full), over charging causes the metals in the battery to degrade leading to a battery that lasts a significantly shorter time before it is flat.

    Which is why I usualy tell people to remove the battery once it's full if they wish to continue using the mains. Obviously this isn't trained to the staff and only the tech-savy would issue such a warning. So it's not commonly known.

    I'm not sure if this would constitute accidental damage or not though. But it's something to bare in mind if anyone gets a replacement laptop/battery.

    I work for DSGi plc
    (aka currys, pcworld, dixons)


    Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
    So please seek advice from a professional if in any doubt.

  15. #15
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    Default Re: Faulty refurbished Advent laptop

    would you ever leave your mobile phoneicon in all day when u use it in the house?

    i use my phone around the house but i wouldnt dare leave it plugged in and use it like a land line.

    why, because deep down you know that leaving phone in will over charge and kill the battery.

    same as laptops. either use on battery or take battery out when you want to use on desk for long periods.

    ud buy an AA batery for your remote when it fails. ud buy a AAA for your electric razor (mack3) so do same with laptop.

    a notebook is deigned to be used on the move. meaning notsat at a desk for hours over charging the battery.

    if a battery fails its not a design fault its a user fault.. its called a notebook not a desktop, think about it!



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