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    • I've just seen your new post. A letter before action is the same as a letter of claim. You don't need a template. You simply need to inform the garage that the vehicle you bought has developed X defect, Y defect, Z defect. He has already been informed of them and given an opportunity to repair and he has either refused the chance to repair or else he has attempted the repair and it has failed – whichever is the case and so under the consumer rights act you are asserting your right to reject the vehicle and you want him to make the appropriate arrangements to collect the vehicle and to refund you the purchase price – plus any associated losses – and if he does not do so within 14 days then you will sue him in the County Court and without any further notice. Don't make this threat if you're not serious about going ahead with it. On day 15 issue the papers. In the intervening 14 days register with money claim and start preparing your particulars of claim. You can post them here if you want us to check them. Whatever you do, on day 15 you send them the good news
    • Well done Shelley. I'll amend your thread title.   HB
    • I'm afraid that your story is rather overlong. It would have been easier to understand it all if there had been less of a narrative and more of a bullet pointed chronology of facts. Although you informed the dealer within 30 days that there was a problem, the Consumer Rights Act requires that there be a clear and unambiguous assertion of your short-term right to reject the vehicle. It doesn't appear to me that you have done this. This isn't a problem at all because you are still well within six months. I understand that you have given them an opportunity to repair and that you have now rejected the vehicle. This is enough to trigger your rights under the Consumer Rights Act as long as the defects which you are complaining about are sufficient to render the vehicle as less than satisfactory quality. As I say, I haven't read through the detail of your story and I certainly haven't looked at all of the PDFs that you have apparently uploaded but I get the impression that you have been quite meticulous in keeping records. I've looked at the Google reviews of Elite and I have to say it doesn't bode very well. https://www.google.com/search?q=Elite+Preowned+Vehicles&rlz=1C1CHBF_en-GBGB822GB822&oq=Elite+Preowned+Vehicles&aqs=chrome..69i57j0l2j69i60j69i61l2.575j0j7&sourceid=chrome&ie=UTF-8#lrd=0x47d8aa4f43f644d7:0x8e93221101489523,1,,,  There is no trust pilot page for them as yet. Maybe you would like to attend to that. You say that the dealer is fond of using social media so that kind of thing is important. Site team member@dx100uk has already suggested that you issue a letter of claim and that certainly seems the way to go although if you are driven to actually mount a claim and presented in court that I hope you won't mind me suggesting that you need to stop being a little bit more economical about the way you present your case. Just in case there is any debate over the defects which have been discovered and their significance then if you haven't done this already, you should make sure that you have got assessments and even quotations for the work from independent garages.
    • Hello dx100uk. Thanks for your attention and help with this. You had an even later night than me! I clicked on the 'letter before action' link which you kindly gave me. This took me to BankFodder's post 'Small Claims actions in the County Court FAQ - work in progress' which I have read through and also the 'Pre-Action Protocol' and 'Letter of Claim' links. I couldn't find reference to a Letter Before Action or is this the same as a Letter Of Claim? Also, my rejection letter already mentioned a 14 day period (taking us to 05/08/2019) for him to get back to me. Is it ok to send a Letter Before Action now? I only ask as I wouldn't want this to be viewed dimly by the court if it goes that far. I do understand that I need to take action as soon as possible so these are just a few clarification questions. I shall google for some Letter Before Action Templates and put something together. Thanks again.
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barracad

barracad v PC World

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A couple of months ago I purchased a laptop from PC World. (I know, I know but it was cheap and I needed it fairly quickly!)

 

Since I have bought it, it's pretty much started falling to pieces. One of the mousepad buttons has broke, the latch to keep it closed has got stuck so it won't close, and the mousepad has lost sensitivity so it doesn't recognise when you 'tap' it.

 

So on Bank Holiday Monday I decided to take it back to PC World as I have had enough of it. First person I spoke to had never heard of the Sale of Goods Act, so eventually spoke to the "Duty Manager" and explained to him that the laptop was neither fit for the purpose, nor of reasonable quality, and that I wished to rescind the contract.

 

To cut a long story short, the "Duty Manager" asked me if I'd purchased the extended warranty (the laptop is less than 3 months old!) and then started talking about repair. I explained I didn't want it repairing - the quality is very poor, and if it's falling to pieces after a couple of months what would it be like in 12 months time! I explained I wanted a replacement or a refund but we went round in circles - all he could do apparently was to give me a premium rate number to ring so they could repeat what he'd already said, and then they'd pick it up and leave me without a laptop for god knows how long while they repair it.

 

In the circumstances I did not feel that was acceptable. After travelling 19 miles to return it, I'm not going to mess around ringing premium rate numbers, so I advised I would put the complaint in writing and asked for the relevant address.

 

Preliminary letter sent on 20th August giving them 14 days to agree to a refund or replacement.

 

Received a "sod off" letter on 19th August from PC World telling me to ring "the tech guys" on a premium rate number to get it repaired.

 

No chance.

 

These guys really are jokers - here is an extract from their response:

 

On investigating the issue I can find no record of any previous hardware repairs being carried out to the unit. This being the case, and with the age of the computer I cannot accept your claim for a refund of the purchase price.

 

The age of the computer? It's less than 3 months old!!!


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I belive you can only ask for a full refund within 28days (may be less) after that period if there is a fault then you have to give them a chance to repair the item. Best bet is to let them try to repair it and claim its unsatisfactory - and tbh from what you've described they would most likely have to replace so much as to not be economically viable.

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I have no problems with that but I'm not ringing a premium rate number to arrange repair. They wouldn't sort it out in store just advised me to contact a premium rate number to arrange repair.

 

And the 28 day thing is just PC World's policy - remember it's less than 3 months old and they are doing absolutely nothing to help.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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hi what about asking the store to ring the number for you?


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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You obviously haven't met Iain the "Duty Manager" ;-)

 

He wasn't willing to do anything just kept pushing the laptop at me and telling me to ring the number. I suggested I leave it with them or somebody contacts me, he was having none of it. When I travelled to the store I did go with the intention of getting it resolved without all this but they wouldn't budge.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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See no evil eh? typical. What is your next move then? Perhaps the media?;)


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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LBA next, hopefully this should make them do something, but if not it will have to be small claims. I hope they just sort it out though as I could really do with the laptop!


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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i feel sorry for Iain he really doesnt know the power of the Mod!:D Happy hunting:cool:

 

Ignore that. Let him have it.;)


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Guest Niklowe

Try 0800 0565732. Got the number from

saynoto0870

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Plonk the laptop on the PcWorld counter and inform him the obligations they owe you havent been met and that the contract is being terminated....and that you want it sorting out......:p

 

Or tell Iain where your gonna be stuffing the laptop should he like to mess you around :rolleyes: ?


Before you take any legal action, please read through the

FAQ's, then if you dont understand something, please ask for advice ;) .

 

If theres a thread in which you think I could help, please PM me using the Private Messaging facility in the top right hand corner of the screen.

 

Advice & opinions of tom3131, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you ha

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Guest Zooman

Now you know how I felt they just will not budge under any circumstances, it also took a legal threat to sort mine out. Even then they delayed, but I got it in the end without the need for court. I posted on there about it same as you Barra not because I did not know the law but because of the frustration I felt. And the CS where just as hard work as the store, I put mine on counter and just walked out and left it, they ran after me but I just drove off, then I sent my legal threat I only give them 14 days full stop they do not need 28 days.

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Guest Niklowe

I had a similar case for my son's laptop. It took 93 E-mails, but by quoting the sale of goods act and reporting them to trading standards I evntually achieved satisfaction. The probem in many cases is that they are not trained in the law related to the sale of goods act.

 

Also i managed to build up a good database of E - mail addresses for the company. They got fed up with 30 people getting the E- mails! (Repeated when they failed to answer!)

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And sign up all 30 email address's to adult sites, gambling sites and sign them up to the weekly newsletter of the local mental hospitals :D and then post them all on an open forum for spammers to get hold of....:cool:

 

Then they'll get the message :rolleyes: .

 

(BTW "DONT" DO ALL THAT!!:oops: )

 

Tom


Before you take any legal action, please read through the

FAQ's, then if you dont understand something, please ask for advice ;) .

 

If theres a thread in which you think I could help, please PM me using the Private Messaging facility in the top right hand corner of the screen.

 

Advice & opinions of tom3131, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you ha

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And sign up all 30 email address's to adult sites, gambling sites and sign them up to the weekly newsletter of the local mental hospitals :D and then post them all on an open forum for spammers to get hold of....:cool:

 

Then they'll get the message :rolleyes: .

 

(BTW "DONT" DO ALL THAT!!:oops: )

 

Tom

 

won't really matter doing all that as their content/spam filter will block that - unless they're using norton like they suggest ;)

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Plonk the laptop on the PcWorld counter and inform him the obligations they owe you havent been met and that the contract is being terminated....and that you want it sorting out......:p

 

Believe me I tried all that. On Bank Holiday Monday too when it was packed. And that isn't the reason I went then it was just the first opportunity I had. The "Duty Manager" just kept pushing the laptop back at me and telling me to ring the premium rate number. Didn't think of just leaving it there like Zooman did!


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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And the 28 day thing is just PC World's policy - remember it's less than 3 months old and they are doing absolutely nothing to help.

whilst 28 days may be PCW policy you are only entitled to an automatic refund within a 'reasonable' period of time - that is a time that it could reasonably be construed that the item was faulty at purchase and therefore not fit for the purpose. If you just dump the laptop on them they could say that you never tried to get it repaired threw a strop and dumped the laptop on them. 3 months will definatley be outside a 'reasonable' period of time to expect you to return a product that was fautly from day one. You're going to have to go through the hell that is their repairs I'm afraid, but as said before from what you've said you'll probably end up with a new laptop. Just out of curiosity what make/model was it?

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It's an 'EI Systems' - I'll have to look up which model.

 

The laptop wasn't obviously faulty on day one - but I don't think it's acceptable that so many faults have been developed in less than 3 months. That to me suggests there was something wrong with it on day one, although not obvious at the time.

 

And I know I'm biased but I think within 3 months is a 'reasonable time' to return the item :-)

 

Just to clarify, when I took it in to the store if they had offered to repair it either by me leaving it there or somebody contacting me to arrange it then that would have been fine - I even suggested both of these options to their "Duty Manager" but the only thing he was interested in was getting me to go away and ring a premium rate number. I refuse to do this as a matter of principle.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I know - am currently jumping hoops for a replacement hd (am not complaining too much - was off ebay) you should be able to leave it in store, would probably be easier for pcw to have collection/drop off points there as it would save them money on collections/deliveries. Did the saynoto0870 no. work?

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you should be able to leave it in store, would probably be easier for pcw to have collection/drop off points there as it would save them money on collections/deliveries.

 

Well it certainly wouldn't have cost them any extra, so I don't know why they didn't agree to my request.

 

Did the saynoto0870 no. work?

 

Haven't had chance to try it yet (although that's me being presumptious assuming they aren't available in the evening!)

 

Besides, sending LBA tomorow so will see what the reply from that is.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Just to clarify a point:

 

Q: Can I claim a refund after 14/28/90 days?

 

A: There is NO set time limit in statute or case/common law. The law does state however that the consumer is entitled to a refund if he returns the goods before he has accepted them.

 

 

Q: What do you mean by "accepted the goods"?

 

A: A consumer accepts the goods when he keeps them for a reasonable amount of time without informing the seller that there is a fault/error in description etc.

 

 

Q: When I bought my goods the seller made me sign a slip saying I accept the goods and am no longer entitled to a refund or something along those lines. Where do I stand?

 

A: That contract does not in any way affect your consumer law rights. The contract isnt worth the paper its written on.

 

 

Q: Do you know of any examples on what the courts judge to be a "reasonable amount of time" in the consumer law context?

 

A: Yes, A gentleman who purchased a car reported a fault 3 weeks later, and demanded a refund. The court ruled that in that specific case, 3 weeks was more than a reasonable amount of time and that the claimant was only entitiled to the cost of a repair, not a full refund.

 

 

Thanks.

Tom3131


Before you take any legal action, please read through the

FAQ's, then if you dont understand something, please ask for advice ;) .

 

If theres a thread in which you think I could help, please PM me using the Private Messaging facility in the top right hand corner of the screen.

 

Advice & opinions of tom3131, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you ha

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LBA sent yesterday let's see what they do next.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I imagine they'll tell me to ring that premium rate number to sort out a repair.

 

Or they could do the decent thing and either send me a cheque for the full amount, or at least get someone to contact me to arrange the repair. But I doubt it.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Well... another letter received and guess what they say...

 

Ring the premium rate number to arrange repair!! They obviously don't read the letters before replying to them.

 

They then go on to state that if I don't want to ring the premium rate number then I should take the laptop back to the store who will sort it all out for me. Hang on a minute, isn't that what I did in the first place, hence me writing to them?!

 

I've given them my phone number to ring me if they want me to arrange a repair with somebody as I am not ringing their premium rate number - if they can't be bothered to ring me then why should I be bothered to drive another 19 miles just to argue with their "Duty Manager" again? Been there, done that... which they would know had they bothered to read my letters.

 

They don't want to play ball so looks like I'll have to take this one all the way.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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woo-woo-woo! GO, Barra, GO!

 

Barra kicks a***, yeah. :-D

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