Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
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  1. #1
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    Default Strange/Complicated but true

    Hi there, i have a question about what to do. But first let me explain the suituation.

    Just before christmas i bought a Hp laptop for PcWorld for £549, it had a hardware error within the 28 days. I returned it and they said they would replace it there and then, but they had discontinued the model so i could have either had my money back or chosen another model. I chose a Sony Vaio costing £585, i paid the difference, should i have had to?

    Again within the 28 days i had another hardware error so returned it and asked for a replacement, which they did instantly. Upon getting the laptop home and using it for a few days i was pleased that it was still working but noticed that the model number wasn't the same. They had given me a higher model worth £899. Although my recipt says i have the lower model still.

    What should i do, i'm delighted to have a hight spec'ed model but then again i don't have the recipt to gaurentee it. If i go in to the store and explain am i entitled to keep this model and for them to produce a gaurentee slip? Or are they entitled to charge me the difference?

    Any help would be must appriciated


  2. #2
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    Default Re: Strange/Complicated but true

    Hi

    It would appear that you got a good deal here

    As I understand it - here is what happened.

    You Bought a computer, and it went faulty - on returning it to the store the same model was not available and so they offered you a slightly better model on condition that you paid the difference. You agreed and the bargain was made.

    This one went faulty and you again returned to the store, they offered you another computer, without extra charge and you accepted - the bargain was made again.

    When you say you dont have a receipt - did they give you NO paperwork at all when they swapped the computers? normally they take back old receipts and issue new ones.

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  3. #3
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    Default Re: Strange/Complicated but true

    What she means is, she was given a replacement sony vaio laptop that was a higher spec, and different model than the one she should have been given, by mistake. As such this isn't shown on her reciept, and if anything were to happen to it, she'd have no proof of purchase with which to return it as the reciept shows the laptop she should have been given, and any bank statements would only show the price of the old laptop plus anything extra paid.

    Well there are two ways you can play this, the first although it is slightly underhanded (and naturaly this view has nothing to do with CAGicon's views and opinions as a whole), is you could keep the laptop, and take out some kind of warantee elsewhere (possibly with sony) if you wish to protect it from Breakdownicon. Although I have no idea how this would work legaly as it's their mistake.

    The second is, you could return the laptop to the shop, tell them whats gone on, preferably to the person who was dealing with you before. They will either swap the laptops back over, or amend your reciept. Either way the shop is going to lose money over this mistake, as if they swap the laptops they have to sell the one you have now at a reduced price because it's used. Or to amend you reciept they'll have to manualy discount the price difference between the two items off the more expensive laptop and refund-resell it.


  4. #4
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    Default Re: Strange/Complicated but true

    I think the answer is here: Would you be happy if you bought a faulty top spec and were given a lower one as replacement?

    You could argue the toss - that it was compensation for example, and certainly be legally correct. But morally?



  5. #5
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    Default Re: Strange/Complicated but true

    Quote Originally Posted by Renzokuken View Post
    What she means is, she was given a replacement sony vaio laptop that was a higher spec, and different model than the one she should have been given, by mistake. As such this isn't shown on her reciept, and if anything were to happen to it, she'd have no proof of purchase with which to return it as the reciept shows the laptop she should have been given, and any bank statements would only show the price of the old laptop plus anything extra paid.

    Well there are two ways you can play this, the first although it is slightly underhanded (and naturaly this view has nothing to do with CAGicon's views and opinions as a whole), is you could keep the laptop, and take out some kind of warantee elsewhere (possibly with sony) if you wish to protect it from Breakdownicon. Although I have no idea how this would work legaly as it's their mistake.

    The second is, you could return the laptop to the shop, tell them whats gone on, preferably to the person who was dealing with you before. They will either swap the laptops back over, or amend your reciept. Either way the shop is going to lose money over this mistake, as if they swap the laptops they have to sell the one you have now at a reduced price because it's used. Or to amend you reciept they'll have to manualy discount the price difference between the two items off the more expensive laptop and refund-resell it.
    The second option sounds like good advice to me... then again...

    ...yeah... I think the second option!


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  6. #6
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    Default Re: Strange/Complicated but true

    Quote Originally Posted by Lefty View Post
    The second option sounds like good advice to me... then again...

    ...yeah... I think the second option!


    Cheers
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    Lefty.. my pillar of moral righteousness... how could you even think of the first option!

    *shocked and appauled*

    :P


  7. #7
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    Default Re: Strange/Complicated but true

    me sniffs double standards!

    If the OP had purchased a low spec but was accidentally given a high spec, and PCW were chasing him for it, there would be calls for any post advising he should keep it to be censored. I do not see any difference in law here.

    But still... yeah my morals can be bought! especially at PCWs disadvantage!



  8. #8
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    Default Re: Strange/Complicated but true

    Quote Originally Posted by gyzmo View Post
    If the OP had purchased a low spec but was accidentally given a high spec, and PCW were chasing him for it, there would be calls for any post advising he should keep it to be censored. I do not see any difference in law here.
    Disclaimers are a wonderful thing. Under the same logic, nobody on this forum should be allowed to give legal advice as the spoilers in their sigs effectively mean nothing.

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