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    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
    • It was really this daft Privacy Notice we were after, but no worries, I'm 99% sure it doesn't count as a NTD otherwise in his letter Simple Simon wouldn't have offered the discount of paying £60 instead of £100. Apologies for jumping the gun earlier. It's a pity your friend paid.  It's neither here nor there if Excel would back down or not.  They are not some statutory authority.  They're just a cowboy private company.  The only way she could have been forced to pay is if a judge had ruled against her in a court hearing, which is highly unlikely given she could have proved to have been elsewhere. I see her "offence" was in May 2023 so logically Excel and their signs were there by then.
    • Thanks for your reply. Their final response was just an email (seemed a bit unprofessional) but FOS seem to have accepted it as their final response. So the issues that I realised within the first few weeks to me at the time seemed like age related stuff and I didn't want to cause trouble and in hindsight I realise I should have pressed harder but I think my heart was being used more than my brain at this point. And yes I now believe extended warranties aren't worth the paper they're printed on, in all fairness to the dealer they did sort these initial issues out when warranty wise rejected them. To touch on your questions, the car was purchased using PCP so deposit with 4 years of monthly payment then a balloon payment at the end or return the vehicle. My pcp agreement was on the basis of 10k miles per year but I think I've currently done 12k miles since Sept 2022 lol. Elite Inspections suggested FOS as stage probably because they're free so I took their advice. When I got the car it had an MOT around 4 months beforehand I believe My MOTS after have been done by private MOT garages (I guess they tend not to comment on panel alignment etc) As for defects from day one - please note they gave 6 month warranty through warranty wise but everything was rejected through them: Passenger side ambient lighting wasn't working (whole trim panel needed to be replaced - dealer paid) Engine would randomly shut the down completely (instead of start stop function) at traffic lights and junctions (software updated in the end - dealer paid) Sat nav screen would freeze/ stay off for a whole journey (intermittent fault, still not sorted/diagnosed) Boot stopped working (new battery needed - dealer paid) The A-pillar trim between the passenger door and windscreen was coming away from the car making a very loud whistling noise as you drive on the motorway ( dealer paid to replace but has come off twice since this repair which shows me the car has potentially bent out of shape so that panel won't go back on) initially was reported within 3 months of ownership and due to part shortages I held out for the parts to come back into stock which ended up taking 6-7 months (TECHNICALLY they had their first chance to fix, and within 2 months it went wrong again but the first repair was massively delayed due to part shortages) Seat belt warning wasn't working (not beeping if you drive without belt on - software reset dealer paid but really put me off from this point as it suggested car had been electronically tampered with) Sun roof was stuck open on one side due to a bent rail around 1 year after purchase - warranty company rejected due to it being pre existing fault apparently. Bodyshop repaired and from this point he pointed out the damage on the car but Alphera just wanted me to deal with Clinkard Clinkard were offering solutions which ended up with me losing nearly £40,000 in a year and them being able to sell another car to me at full price. It was this point I regretted being too nice and trying to keep the peace as it had gotten me nowhere. Advised Clinkard of the cost and opportunity for them to speak to the customer they bought the car from but advised there weren't any issues and advised Alphera too and they suggested that I get the inspection done and here we are now lol Please let me know if I've missed anything out sorry about the essay 😅 email.pdf   Sorry forgot to mention the dealership is around 3-4 hours away from me and was a distance sale and I just went to collect it after transferring deposit/ Finance being accepted.
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Toshiba laptop dead at 13 months, PC World will not help


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Hi there,

Can someone help point me in the right direction regarding what rights someone has when buying as a business??

 

The reason i ask is because my friend was instructed to purchase a laptop as a business buyer even though the laptop was mainly for home use and not work.

The laptop has died at 13 months, she went to the store to see if they would maybe repair as gesture of goodwill with it only being 13 months old and basically got told to go away/nothing will be done.

Because she bought as a business user they will not honor SOGA 1979 due to it being a business purchase?, while this may be the case is there some other protection that she could fall back on because of this??

 

Is there another 'act' that may cover her for help with this at all.

 

More annoyed than anything as she now realise's why they were keen for her to buy as a business when she mentioned she was a physio, as she now has a £350 paperweight !!!!

After looking on the internet it seems this is common practice to get someone to buy as a business if they can so that they can back out on the SOGA if something does go wrong

 

Thanks in Advance for any help or advice with this.

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how did you pay? did you set up a business account with PCW or just buy a single item from their business section of the store?. Did you reclaim the VAT? If no to both of these and especially if you paid for it by cash or ordinary card then it wasnt a business purchase. I suspect they know that anyway but are reliant upon you having to do the legwork and giving up.

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how did you pay? did you set up a business account with PCW or just buy a single item from their business section of the store?. Did you reclaim the VAT? If no to both of these and especially if you paid for it by cash or ordinary card then it wasnt a business purchase. I suspect they know that anyway but are reliant upon you having to do the legwork and giving up.

 

 

Thanks for reply. Just had answer back on how she purchased it....

1: NO business account set up it was one off purchase through pc business

2:Paid via Debit Card

3: NO VAT claimed back as she is NOT VAT registered as too small of a company!!!.

 

Hope that helps??

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Unless she has an extended warranty then she gambled with it not breaking. That is basically what the likes of warranties and insurance are ... gambling.

 

Find out exactly what the issue is with the laptop and publish it on computer help forums, all computer problems are fixable in one way or another.

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When you say "died", what happened exactly? Followme is right - you can find out loads of stuff on computer help forums. Type in the full Toshiba details and problem and see what comes up on google.

 

The motherboard has died on it, started by no video output so suspected graphic chip had gone, but now when powering on it shuts down within 5 seconds.

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Unless she has an extended warranty then she gambled with it not breaking. That is basically what the likes of warranties and insurance are ... gambling.

 

Find out exactly what the issue is with the laptop and publish it on computer help forums, all computer problems are fixable in one way or another.

 

She never thought to take one out as she expected some good use out of it. The main problem is that PC World are backing out of the sales of goods act 1979 because they instructed her to purchase as a business user which they have now told her that SOGA does not apply to. Just wanting to find out what other options there are. Thought that since they say the SOGA doesnt apply then might fall back on the 2 year EU directive but they rang me back 2 days ago and reckon that this didnt come into force. which i could kind of agree with since SOGA was offering more cover than 2 years so superceeded it but since it didnt apply then it should fall back on the EU

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SOGA applies to businesses too. Consumers just get some extra rights.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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SOGA applies to businesses too. Consumers just get some extra rights.

 

Thought it would do but they are constantly finding excuses.

She purchased the laptop with a debit card, did not open a business account with them and has not claimed vat back on it as not vat registered as its only her doing phsyio work. the laptop was for home use rather than work.

tried to argue with them that if the soga didnt apply then surely it must fall back on the 2year EU directive in some way but they said it didnt come into force.

 

Just trying to find out what more info i can so i can have another go with them as i am sure they are in the wrong.

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I think the fact that they are saying SOGA does not apply is a complete try on. She should be firm and tell them it applies to any faulty goods which are not fit for purpose.

 

They instructed her to buy it as a business buyer? Why? What benefits was she supposed to derive from doing that? Are they steering purchasers in this direction as some kind of bizarre method of trying to avoid their liabilities under SOGA?

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You could always speak to CAB and get detailed advice about SOGA relating to businesses. SOGA still covers you here, but backup from CAB or a business group, and they dont have a leg to stand on.

 

I used to own a business a few years ago before the recession hit ( part of why i got into a bit of debt), and i had a few problems where suppliers tried to fob me off with SOGA.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi

 

toshiba warraty states that

 

WARRANTY EXCLUSIONS ANDDISCLAIMER

 

Any System that has been damaged or rendered defective (a) as a result of

use of the System other than for its normal intended use,

 

http://uk.computers.toshiba-europe.com/images/en/warranties-insurance/WarrantyWeb_EN_UK.pdf.pdf

 

most of currys /pcworld products are for 'none commercial' use unless its registered as a business via pcwb.co.uk or business account

 

because you mentioed its for 'business' thats their get away... and if its recorded in their logs, i would suggest t/s or cab or even via smcourt.

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Doesnt matter. THats the manufacturers clause. The retailer still needs to adhere to SOGA.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They are not doing anything though :-(

They will not do anything with SOGA as they say it was business purchase, it was bought through pc world business instore because of this, BUT no business account was set up with them when she bought it she just paid via debit card and no vat has been claimed back on it as she is not vat registered.

Tried saying that if the SOGA doesnt apply then does the 2 year EU directive come into play??? i know that normally no because SOGA gives 6 years fallback on it but if that doesnt apply then thought the EU would. person i spoke to on the phone from PC world business said that the 2 year EU directive was never 'brought in' so can not be used ???

 

Have emailed them to ask if, for a business account you need to be vat registered AND open an account with them. If they reply saying yes then they will have shot themselves in the foot so to speak as that would then be enough to really have a go at them.

I am sure there is a way to get this fixed with them just got to figure out the right way and get my facts in order before i take them on again.

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So no business account opened, yet they claim it is sold through a business account?

 

Then it would be a consumer purchase and subject to full SOGA regardless if it is used for business or not.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 10 months later...

Hi,

just come across you dilema and dont know if this information would benefit you, daughter purchased a Toshiba latop from PC World and a few days after warranty ran out it developed a fault and stopped working, Daughter had a diagnostic on it and it stated that a chip had burnt out near the jackplug.

PC World refused to even look at it cos of the warranty.

It has no hard drive in it but remains in as new condition still in its original box, daughter was quite upset as she paid just under £700 for it.

 

Then approximately 2 years ago I came upon this information, had alraedy had the diagnostic report ascertaining a burnt out chip, this I found was a Generic Fault found in certain laptops. If you click on the generic name it will take you to the forums, it doesn 't matter how old the Laptop is just so long as you act within 6 years of acknowledging the fault.

 

 

Have a good search round the forums and it will state all the models that are effected, my daughters was a HP toshiba DV9500 and is one of the worst effected, hope this info proves valuable for you

 

Index page • The Nvidia Defect Forum

 

http://www.nvidiadefect.com/‎[/url]

 

 

 

 

junkimunki x

Edited by JunkiMunki
forgot to include details of fault
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Not sure about the 6 year period quoted, as I thought that there was an argument that is was the lifetime relevant to the product type. If you had a laptop that failed after 5 years 6 months, due to a faulty part, I think it may be quite difficult to get Toshiba to pay for the repair. They will argue that the laptop may have been used for many hours each day over the 5 years and as such some of the parts will have reached their lifetime of use. This type of situation has featured on programmes such as Don't get done, get Dom on numerous occasions. Pretty sure there is always a caveat about the 'lifetime' of the product, as some products would never work for 6 years or more.

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  • 3 months later...

dv9000 deff has a nvidia issue

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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Unless she has an extended warranty then she gambled with it not breaking. That is basically what the likes of warranties and insurance are ... gambling.

 

Find out exactly what the issue is with the laptop and publish it on computer help forums, all computer problems are fixable in one way or another.

 

Surely if they were to advertise their products as only being in working condition for 12 months, then they wouldnt get many purchasers !!

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