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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Laskys Laptop 1 week out of warranty


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Purchased an emachines laptop from Laskys for £299.99

on 2/9/2009.

Delivered 9/9/2009.

 

Since then I have been using it without any problem connecting to the internet wirelessly.

However I'm not going to have wireless internet next year so I using the wired RJ45 and it will not work.

 

A week ago I rang up Laskys and was told to ring emachines (0871 number) they advised a number of things (check router, cable reinstall driver etc) none worked. However when I rang I didn't have the computer so was unable to give the serial number so now there is no record of the complaint.

 

I think the LAN ethernet card if faulty.

 

Laskys & emachines now say it is out of warranty.

 

I saw a similar case on this forum and wrote them an email making a claim under the SOGA 1979.

 

Their reply was basically that I didn't understand the SOGA and they have no responsibility.

 

Any ideas what my next move should be?

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Hi.

The warranty offered is in addition to your statutory rights. Although the laptop wasn't a particlarly expensive one it still should be fit for purpose.

 

If an item fails within the first 6 months it is assumed the fault was there when you bought it. After 6 months you may have to prove the fault existed from the time you bought it.

The Sale of Goods Act covers items for up to 6 years although the basic ruling is "What would a reasonable person expect from this product"

I would contact the SELLER and remind them of their obligations under the act. They may ask you to get an independant report at your own expense or they may offer to repair. See how you go

Can you not get an itemised bill which would show when the call was made.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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They have come back and said I need a written engineer's report (as I expected) confirming that the fault is inherent.

 

How would anybody even the most qualified engineer be able to prove that a fault is actually inherent. This essentially means that the fault or error in design or manufacture existed at the time of purchase

Is there particular qualifications I should be looking for?

How much should I be paying for such a report?

 

Regards

 

Jay

Edited by freeparking
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  • 3 weeks later...

I got a report which said what the fault was. The engineer however said there was no way of him knowing if the fault was inherent. I.e. how would he know if the fault existed at the time the product was made?

 

Sent the report to laskys who said "the report doesn't say the fault is inherent so we are not obliged to fix it"

 

What should I do now?

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EU directive states electronic goods sold in EU will have a two year warranty regardless and then we have our own SOGA. I have not got the link for the EU directive, but do a Google search for it and also contcat Trading Standards. Worked for me.

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any idea what model of emachine it is out of curiosity?

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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oddly enough its one ive never serviced so unfortunatly i woudl find it hard to give an opinion..

 

first time in a long time thats happened ive dismantled most of them

 

remember emachines are now made by acer may be worth getting in touch with them

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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well it depends if its a replacement motherboard or a simply chip change

 

if its showing up in device manager to re-install drivers then its not likely to be a entire mainboard

 

can i ask did the engineer who made the report dismantle the laptop at all?

 

reason for asking is if a ports not working its often down to either a bent pin in the port (unlikely) or cracked or not properly flowed solder on the connecting cables

 

e.g.

DrySolder.jpg

 

if it is this its ussually visable then it proves manufacturing defect

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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He said he had it all apart, because once he identified that it wasn't a software issue he then looked for dry soldered joints(?).

The conclusion that the motherboard needed replacing was becasue he said people dont try repairing motherboards. He thought it was the chip working, because everything else on the laptop is working and it is showing as working in Device Manager.

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mainboards are repaired all the time...

 

place i worked at recently repaired upwards of 50 a day

 

sometimes they can take the port off an replace a new one

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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But if they can get away with replacing a motherboard they make more money. In real terms it is probably cheaper for the company to replace a motherboard than it is for a technician to repair it with a labour cost of £x amount over 2 hours.

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EU directive states electronic goods sold in EU will have a two year warranty regardless and then we have our own SOGA. I have not got the link for the EU directive, but do a Google search for it and also contcat Trading Standards. Worked for me.

 

The Directive 1999/44/EC applies to any goods and the time limit of two years is a minimum:

 

The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.
Part 5A of the Sale of Goods Act is an amendment especially to implement the Directive.

 

8)

 

The case to make is simply that the item should have lasted for longer so was not fit for purpose, as per section 14 of the Sale of Goods Act.

 

The need is thus to negotiate.

 

N.B.

 

"The consumer may require an appropriate reduction of the price or have the contract rescinded"

 

8)

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  • 2 weeks later...

hold on. So there was a fault that developed with the motherboard? How does that suggest that it is the buyers fault? Also doesnt sound like something that happened through normal use of the laptop.

 

Ergo its the retailers responsibility to remedy the situation. If it were me i'd be contacting their head office, LBA then start a claim via moneyclaim online.

 

Wouldnt bother speaking to them on the phone unless you record all the calls. All retailers try to do is rip people off. Start treating consumer purchases like it is a business contract from one business to another and you will get better results.

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