Missing laptop

[bootie3367]

Hello, my son put his laptop into a local repairers for data recovery from the HDD. This was back at the beginning of the year. He has now found out that an employee of the firm, left and took the laptop, amongst other items, with him. The firm are now talking about involving police to get a crime number and waiting until that is all cleared up before talking about re-compense. What is the law regarding this. I would imagine the firm would have had insurance against this sort of thing. What does my son do now? He would like a laptop for the one that was stolen, but what of the irreplaceable items from the old HDD such as one off photo's and movies as well as songs he has composed, is he entitled to any compansation above getting another laptop?

 

Cheers

 

Jon

[slick132]

Hi Bootie,

 

YS has a straightforward claim against the repairers for the loss of the lappy. It was in their care and they had full responsibility for it. It is no concern of YS whether the police are involved or if their enquiries are ongoing or resolved.

 

If he got a receipt for it from the repairer describing the item, send them a copy of the receipt with a letter demanding it's return within 14 days.

 

If no computer comes back, you'll send an LBA (Letter Before Action) which we'll deal with later.

 

Do you have the original purchase receipt for the lappy to identify the model and cost.

 

As regards the photos and composed songs, I assume the lappy had a fault which was why YS wanted the data retrieved. In my opinion, the repairer could reasonably argue the data was not necessarily retrievable and those items were at risk anyway.

[Lula]

I have to ask, because if I dont, others will, why, if your son put his laptop in for repair at the beginning of the year, has he waited until now to ask about it? not that it should make any difference whatsoever to his claim.

[legalpickle]

I second slick132 & Lula's comments.

 

Also happy to help if I can.

[bootie3367]

Yes that is a good point. I will say on his behalf that the company concerned did seem to be dragging their heels although give them their due they did try to deliver it back to him one time during the summer. Unfortunately for him he was not in. He works as a self employed window cleaner with his own little business and as such works all the hours he can! He tends to let things take their natural course rather than create a fuss, that's just his way, he is only 23 and still a young lad.

The information regarding the missing employee/laptop only came to his attention at the beginning of October. As he was not aware of his rights (what young man of 23 is nowadays?) he did not know what to do.

Both myself and my wife live in Spain, with me returning to the UK every 2 weeks for work offshore. Last time I stayed with him he told me all about it, which is when I told him he must claim as soon as possible. I think he has now found the reciept from the company so that's a start at least.

 

When he sent the laptop in he also included all the paperwork with it, including the original invoice. I will pass on the good advice to him and see how it develops.

 

Many thanks

 

Jon

[legalpickle]

If you could get him on here - if he has internet - then it could help even more.

 

Whilst I don't doubt & respect your good intentions as his father, dealing with things from afar and dealing through an intermediary, especially if he has to sue the company can get a bit difficult.

[borisbeaver]

If you could get him on here - if he has internet - then it could help even more.

 

Whilst I don't doubt & respect your good intentions as his father, dealing with things from afar and dealing through an intermediary, especially if he has to sue the company can get a bit difficult.

Just to point out that his doesn't appear to have a laptop at the moment so may not be able to get onto the internet:grin:

[legalpickle]

Just to point out that his doesn't appear to have a laptop at the moment so may not be able to get onto the internet:grin:

Good point ! Hopefully he has an alternative route, a mate with a desktop that he can use every couple of days for a couple of hours or something.

[bootie3367]

Aye, he does actually have a desktop in the house, but getting him to use it...... I will try though. He is, sometimes, a typical young man that can't be ar**d going through the correct channels, much like myself in younger days long, long ago.

Besides, I'm not that far away, I get to stay with him once every 14 days, this is the reason I'm on here to glean as much info as possible to pass on to him, then follow it up when I visit, the 14 day letter seems like a good idea, that way I can see if he has had a reply the next time I stay overnight with him. Mind you, how often do independant young men listen to their father's nowadays. I could be barking up a brick wall or all sorts here, but I like to try.

Thank you once again for all your input.

I have emailed him with all that I have recieved so far, now we have to sit back and see what transpires.

 

Jon

[legalpickle]

Off-topic, but slightly relevant: I'd rather you don't generalize about young people nowadays. I'm 25 - almost 26 - and consider myself very competent and have taken a lot of advice from my father [ok, not my mother!], even though I don't exactly get along too well with him.

 

Ok, my life experiences have been different to a lot of people in my age group, but not everybody at the age of 23 just sits back and let's things go through however they go.

 

Sorry for the rant, just felt I had to!

 

Back to topic, I recommend the letter to them be drafted - minus confidential information - and posted here so that we can try to touch it up.

 

Also, please can you post - without a website link, as that would be a commercial link which isn't allowed in CAG - the name of the company. He needs to know who he's suing if it gets to that stage, hence to whom the Letter Before Action is addressed to. [They could be sole-traders, limited company or anything else.]

 

Please keep us posted whatever you do & happens.

[legalpickle]

Any news?

[bootie3367]

I'm sorry, been a trifle busy trying to keep my job lately, so far been successfull!

Anyway, my son has recently moved and while not giving up, has put that on the back burner, however, I will be seeing him next month and see what the score is. I might even take over the case myself, the young lad just doesn't have the time at the moment, seems he is one of the few who is doing well for himself at this time.

 

I'll let you know the score when I can get a word with him.

 

Cheers for asking though

 

Jon

[legalpickle]

I'm sorry, been a trifle busy trying to keep my job lately, so far been successfull!

Anyway, my son has recently moved and while not giving up, has put that on the back burner, however, I will be seeing him next month and see what the score is. I might even take over the case myself, the young lad just doesn't have the time at the moment, seems he is one of the few who is doing well for himself at this time.

 

I'll let you know the score when I can get a word with him.

 

Cheers for asking though

 

Jon

Rule of thumb with any case: The longer you leave it, the less chance of success because people will start denying events and the case will become more and more contentious. Even when you do succeed, it will be after more aggravation than it would be had you issued, say a month after the laptop was lost/stolen.