Faulty Toshiba laptop Letter before action

[saintorsinner]

I purchased a Toshiba lap top in August 2008 . I paid £450. In July of this year the hinge become faulty. The hinge froze the casing around the laptop shattered .

 

I contacted Mr ******** to ask for an amicable settlement , they have refused only offering to look at it for £79.99. They mention the Sale of goods , briefly , but say that would take that into consideration when calculating the repair bill.

 

I have just went straight for letter before action . informing them them I will issue proceedings. rejecting their offer.

 

The laptop has been inspected and it is fault inherent with some Toshibas.

 

The laptop has been used 3 times a week at most , which means the Laptop has been opened/ closed 624 times . A basic item in my view a "hinge" should last longer than 624 times before generating a fault ,

 

Does anyone have any experience in taking Comet to the small claims and any experience with Toshiba laptops

Edited August 28, 2011 by MARTIN3030
naming individual irrelevant to the questions posed

[saintorsinner]

How much should I claim for? . I havent taken anyone to court and I actually looking forward to it !!

[MARTIN3030]

So you have had the laptop for 3 years,whilst you can estimate how many times the lid has been opened and closed,proving this would be almost impossible.

I think you should be able to find out from doing a search on the internet using some key words and your model.

In any small claims action you would need to convince the court that you had a valid case,if perhaps you could find evidence that the hindge on this model or others-was a known fault-then that would help.

I assume that the £79 they are quoting for a repair is the usual cost of the replacement hindge and labour.

In calculating the costs of a claim you might look to be recovering,you would need to take into account the age and wear and tear.To be honest,I personally think that 3 years these days for a laptop is probably a shelf life for many.

I have removed the named individual,since you have also named Comet.

[saintorsinner]

I have a 2 second laptop , for work so never used the 2nd only at weekends and that when I was home. Saturday for my emails and i was checked updated . So know I very accurately how many times I have used it. I sent the letter to the MD . The laptop has been inspected and the company said it was a fault with some toshibas.

[saintorsinner]

Toshbia have also recalled laptops , although not this model for the same fault in the USA.

[saintorsinner]

nope the £79.99 was just to look at the laptop. The cost of repair is £50-£70 I have obtained 4 quotes and has been inspected by 2 independent retailers.

 

I was happy for an amicable settlement of half the repair bill. I work hard for my money. Why should a £400 plus lap top go faulty after so little usage . So to even reject a token payment of £25 is plain stupid on the part of Comet

[MARTIN3030]

Ok understand.

Yes,I also saw that some Toshiba models appear to have had hindge faults.

Firms usually do recalls after xxx reports which they can get from dealers or looking at warranty claims.

You could arrive at a realistic figure by looking at the prices of some used ones same as yours.

In your claim you would need to set out the SOGA clauses you would be relyiing on.

While I see that you are saying that it has had less than average useage,I said that proving this to be the case is not so easy-like for example a car whereby one would look at mileage and be able to show conclusive proof.

I think it would be a good idea for you to include your targets for resolution in your LBA giving them 14 days to respond.

Its important that you show that you followed pre action protocols.

[saintorsinner]

I have issued the standard letter before action. Should I issue one final letter outlining I am prepared to accept again half the repair value. or let it just straight to small claims ?

[MARTIN3030]

If you are prepared to accept half of the cost-then yes set this out.

It at least shows that you are meeting them half way...and should go some way.

I would be suprised if they did not respond to a LBA what date did you send it ?

CEOs will often get their secs to deal.

[saintorsinner]

I have found on the internet a successful class A action against toshiba in which they have settled out of court and agreed to pay for all repairs for the same fault as my laptop , same fault. Can this evidence be used in a Uk court as an admission of liability by Toshiba that there is a known fault ?? Any legal eagles please advise

 

if you google satilite hinges settlement .com you can see the website of the successfull class A law suit sorry cant post links just yet

[patrickq1]

i would point this out to comet , also have you thought about using the comet forum on comet's website , lol you will be supprised just how much they will cater to your needs to please you , i had a toshiba that went faulty within 1 week and when the idiot at the local branch said he would send it off for repairs i blew a fuse so that evening iwrote of my disgust on comets site and within 3 days i had an email from one of their top guys and i was to exchange my laptop for anything i required simmallar value of course , i got a sony vgn 18" and its superb , so use comets web page to voice your complaint and quote the case against toshiba see what comes back , but also you can then if no joy start procceedings and you can use the case reffered to as your proof that this model is faulty

patrickq1

[saintorsinner]

I won my case !!!

 

Comet entered an admission on the 7th and I entered the judgement on the 11th. However I now have had a letter enclosing the cheque but they say its goodwill and please sign and return the form to agree to no further action.

 

Can i refuse , id rather have my day in court than have another letter full of platitudes and meaningless statements. I have 2 expert inspections of the laptop and both side with me.

[MARTIN3030]

Oh did you file a claim in Court then ?

I am not clear on what you are asking-what was the date of issue on the claim form and when did they send an admission ?

It is unlikely that the Court would consider the case as not settled if the defendant has paid in full what you were claiming.

Did your claim include costs ?

 

It is normal for payment to be settled without them admitting liability.

[saintorsinner]

I filed a claim online , using money claim online. They filed an admission on the 7th. admitting they owe the FULL amount. I have filed the judgement on Friday. Yesterday the cheque arrives but with a form asking me to withdraw my court action. The letter states payment is a goodwill gesture.

 

If they have admitted to the court they owe the money , surely they cant then write to me and say its a goodwill gesture ??

[saintorsinner]

I have prepared a very detailed case against Comet , using inspection reports and previous claims against Toshiba.

 

I am 100% confident that I could win my case in court , So rather not have their goodwill thanks very much and win my money on merit !

[MARTIN3030]

Unfortunately the Court cant order them to admit liability.

If you applied for Judgment then the Court will award that but only for the amount being claimed on the claim form.

Unless you had submitted an amendment seeking a higher amount then by them making payment that reflects the value of the claim it is considered settled.

If you had only rec part of what you were claiming,then of course you could take action to recover the rest by asking for a warrant.

The only way that it could go to trial once you have asked for judgment is if they apply to have the order set aside.

But they would have 30 days to settle anyway before the CCJ was registered.

Up to you if you want to reject the cheque,but if you then go for a warrant they will argue that they have already settled....and County Court bailiffs are not famed for moving too fast.

 

What about your costs ?

Have you claimed them all ?

If not you should go after them for these.

[saintorsinner]

well a repair is £99.99 , then i have the inspection reports at £25 then my phone calls ect . I am about 30 quid shy

[MARTIN3030]

What about your time-you can claim for that-wasted costs.

Plus stationary postage and materials.

[saintorsinner]

I never knew that , what is a reasonable amount to claim. They have completed an admission form for the full amount. Does this strengthen my case.

[MARTIN3030]

Well your costs for the expert witness report is a fixed cost so that should be claimable.

As a Litigant in person you can ask for £9.25 ph this can cover things like time spent making calls,drafting letters and the claim forms plus any time taken for travel for example taking your letters to the PO.

Then there is any costs for postage.

I dont know how long you spent preparing the case and trying to resolve thins beforehand but you should list this by way of a schedule for example

 

Expert Witness report £25.00

 

Postage 2@ £1.30 recorded delivery £2.60

 

Telephone calls pre action £5.60

 

Time taken for drafting letters,Online filing,preparation of case 3.5 hours @£9.25 £32.38

 

 

Total £65.58

 

 

 

................£......................................£

[saintorsinner]

oh I won my case . settled last year

[MARTIN3030]

Excellent Thanks for update.

[DanWhitely12]

Quite interesting in a similar situation will use this advice !