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Do I have a claim against Dixons?


LeadSalad
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I bought a Samsung netbook from Dixons in April '09. It was 400 pounds, so not cheap! A few days later I found the laptop had a fault. The laptop's screen turns itself on even when the laptop is off. So you have to take out the battery. Anyway, annoying and spoiled my enjoyment of the product.

 

I informed Dixons about 10 days after purchase about the problem. They told me to take it in, but I live abroad and only get back to the UK once a year.

 

One year and four days after purchase I contacted them again to say I was in the UK and wanted a repair. They told me that I was out of warranty. I pointed out that I'd informed them of this problem within days of purchase. But they fobbed me off.

 

I left the country without having the laptop repaired. Only recently I found out about the UK sale of goods act, which allows me to claim within six years. I also found out about an EU directive 1999/44/EC which gives me a two year guarantee which presumably Dixons should have honoured.

 

Before I drag the laptop back to the UK, can anyone tell me if I have a claim. I'd love to take them to court if I knew I could win.

 

I should add - last year, when Dixons didn't want to repair 1 year and 4 days after purchase, they told me they would not look at the fault unless I paid my own engineer to check the fault and write out a statement that it was a fault of the design/manufacture. I didn't do that because it sounded like it would be expensive.

 

BTW, I just emailed all of this to Dixons, with the old emails showing purchase, when I notified them of the problem etc.

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can you describe what actually happens please?

 

if you shut windows down via the shutdown option

are you saying that the next time you open it up, windows is already running

or what is on the screen

TBH: sounds like you have a setting in the bios wrong [like wake-up on lan activity or something]

or

p'haps the options upon what windows does with the screen is folded down set wrong.

 

i'm not disputing the rror, but i've never known it to be a 'fault' , just a wrong setting

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for your reply. The laptop's screen switches itself on if the laptop is turned off. This happens at a random time, but pretty quickly normally (like a few minutes). Only the screen is on, it is bright white. The computer is off - HD powered down, no fan running.

 

I actually did pay for an engineer in Bangladesh to check this out. He said mobo fault. Just a manufacturing problem. Don't think Dixons give a monkeys about his say so.

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no thats fine

just wanted to confirm what we are playing with here.

 

i would suspect that to be quite a fire risk too if left in a bag?

 

ok well, i would expect you will recourse under soga and they'll sort it

 

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/

 

lets see what they say first.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for taking the trouble to reply. I appreciate it. Thanks also for that link, which looks good. When I emailed Samsung to say I had a problem they also said it was a fire risk. I noticed the problem on the flight out of the UK. Pulling the laptop out of the overhead compartment after take off the bag was really hot. After that I never left the battery plugged in.

 

Cheers

 

LS

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i would elude to that in your comms with dixons

 

the warranty is above and beyond your rights under soga

and in all effect means nothing.

 

soga at dixons is your way to go.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Write to both.

 

First

Your contract is with Dixons = DSG Retail Limited or they look like the may change names again, but will know shortly.

 

Do you have proof who you contacted and when?

Also was this instore ( sorry if I not read your post correctly)

 

If you not got proof of all this, you gonna have a hard time proving things.

 

Second

No matter what people say, you can approach Samsung and explain the problem.

They may as you to supply an Independent Engineer's report or action one themselves.

If you're lucky, they might have had other's report same problem.

 

At the end of the day, they may offer a goodwill, with deduction of fair use.

 

Dixon's will do the same, only after an Engineers report.

 

Let us know if you need any more info.

btw - I have taken a claim against them after 5 years of back and forth and if you need exact words I used, here it is.

 

Also remember SOGA , if you start and carry on using a product after you know it is faulty, you have deemed to have accepted it, and at most, you may get a goodwill.

 

Limitations Act 1980

 

5. Time limit for actions founded on simple contract

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

 

Sales of Goods Act 1979

 

Goods are of ‘Satisfactory quality’ if they reach the standard a reasonable person would expect taking into account the price and any description.

 

- The law says that goods that are of satisfactory quality are free from minor defects, have good appearance and finish and are durable, safe and fit for all the purposes for which such goods are commonly supplied.

 

In addition to being fit for their every day purpose goods should be fit for any specific purpose you agreed with the seller at the time of sale [for example, if you specifically asked for a printer that was compatible with your computer]

 

If your goods are not satisfactory you may be able to make a claim for up to 6 years in England and Wales and 5 years in Scotland after the purchase of your goods, for a refund, repair or replacement.

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limitations act is nothing to do with soga!

 

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaataglance

 

go get 'em

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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limitations act is nothing to do with soga!

 

########

 

go get 'em

 

dx

 

No but, it making people aware, you have 6 year limitation to bring action.

 

In a way it has everything to do with SOGA , if you are going to file a claim, as you could be statute barred

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