Laptop broken 1 month out of warranty

[JonCris]

'Reversed burden' only applies to good purchased within 6 months after that you have to prove fault

[MrShed]

Is it a Pentium laptop? Sounds very much to me as if the laptop is using its safety mechanism to turn off when it is too hot, which 95% of the time is due to positioning the laptop in a place that gives it little ventilation. IF this is the case, then this is not a manufacturing fault. Even if it is not due to poor ventilation, it may be very difficult to pinpoint something which would be classed as a manufacturing fault causing overheating.

[soma]

Is it a Pentium laptop? Sounds very much to me as if the laptop is using its safety mechanism to turn off when it is too hot, which 95% of the time is due to positioning the laptop in a place that gives it little ventilation. IF this is the case, then this is not a manufacturing fault. Even if it is not due to poor ventilation, it may be very difficult to pinpoint something which would be classed as a manufacturing fault causing overheating.

Its an AMD Turion 64 (review of my model here)

 

and I think you could be right it is switching itself off to protect damage, however this always happens regardless of how I ventilate the laptop. For example surely sitting the laptop on a normal wooden desk should be fine. I have used the laptop on a cooling pad and it still shuts off so I fail to see how I could ventilate it anymore!?

 

This is a manufacturing fault causing overheating but surely its not my responsibility to pinpoint the exact fault? All that’s important is that the fault is due to poor manufacturing / design. Whether its CPU / Graphics, fan failure, or blocked air vents?

[soma]

Response from ebuyer, they will not do anything without proof the laptop is faulty due to a manufacturing fault

 

So the ball is back in my court, I found a firm who will check out the laptop for £25 to let me know exactly where the problem lies.

 

What's the best way to raise court action in scotland, and will the case be heard at my local court. I will initiate action and see if they if they back down. you think they would offer something to avoid fighting the case.

[soma]

Company have quoted cost to repair of £500!

[JonCris]

Wot!!!!!!!!! Start your claim

[rosiecotton]

I've got no experience of the court system in Scotland but I can't imagine it's that different from England's County Courts. Your local Sheriff's Court (think that's what it's called) will be able to give you forms and guidance notes to start your claim. Normally, when it comes to small claims, a case is heard at the defendant's local court but in a case like this you can ask for it to be heard at your local court. This is usually granted when it's an individual against a business, as the small claims court tries very hard to ensure an even playing field - and it is more reasonable to expect a large-ish business to travel or provide representation than it would be for an individual.

 

With regard to the jurisdiction, there is a European regulation stating that (as long as the purchase is within the EU) when buying online the contract is deemed to be made at the consumer's end. I'll double check this to make sure that companies can't add clauses to alter this, but I don't see how they can!

[soma]

Yeah they have diagnosed a faulty motherboard. I'm filling in the forms now! Glad to hear the court should be local.