Toshiba laptop dead at 13 months, PC World will not help

[sticko1975]

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.

[ericsbrother]

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.

[sticko1975]

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??

[Followme]

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.

[Desperate Daniella]

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.

[sticko1975]

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.

[sticko1975]

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

[renegadeimp]

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

[sticko1975]

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.

[Desperate Daniella]

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?

[renegadeimp]

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.

[joka007]

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.

[renegadeimp]

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

[sticko1975]

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.

[renegadeimp]

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.

[JunkiMunki]

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]

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junkimunki x

Edited February 15, 2014 by JunkiMunki
forgot to include details of fault

[unclebulgaria67]

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.

[porkyp1g]

Never heard of a hp toshiba though? She didn't purchase a toshiba, just a hp pavilion dv9500, the tosh won't affected by the nvidia issue, but the hp will.

[Deadyankee]

I have a hp dv9000 series with graphics issues, do you think mine will be affected by the Nvidia issue that you speak of porkypig? Or is it something else?

[labrat]

dv9000 deff has a nvidia issue

[citizenB]

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 !!