Pulling hair out with laptop complaint - where next?

[pingu-lingo]

If anyone can help with my next step I would be very grateful!

 

I bought a Toshiba laptop online (not by credit card), I had it repaired under warranty just as the manufacturer warranty was ending - one year warranty.

 

Toshiba use another company to outsource their warranty repair work. the warranty repair company returned the laptop to me with a new fault. I sent it back and they replaced a motherboard.

 

The new fault came back again after a few weeks. I complained to Toshiba - zero response back from them.

 

I returned the laptop to the repair company

- and now they say it needs an entirely different part to fix the exact same fault as before and is no longer under warranty so want to charge £££.

 

 

so far they are ignoring the evidence I have provided that backs up my claim of it being their responsibility to repair as its a fault introduced whilst they were repairing it and theyve supposedly already fixed it.

 

But now I believe I'm approaching the small claims court stage.

But is Toshiba liable as its their machine?

Or is it the company I bought the laptop from as my contract is with them?

 

 

Or, do I issue my claim with the repairing agent directly as they are now holding my laptop to ransom and demanding I pay them to either repair/return or dispose of my laptop.

 

Thanks for any help or suggestions!

[BankFodder]

Liability is with the people who sold you the machine. Who was that?

[pingu-lingo]

It was Laptop Direct. I checked to see if they were signed up to the consumer ombudsman scheme but they weren't listed as registered. But I'll take up my complaint now with them again.

[dx100uk]

you mean CRA

[pingu-lingo]

I think that because I bought it in July 2015 I have to use the sale of goods act?

[dx100uk]

well that is soga now

but yes

[BankFodder]

You should have taken it up with Laptops Direct straightaway. Now you will find yourself in some in volt set of excuses because they may say that it has been to various other repairers and so the chain of liability has been broken.

 

However, this would be a load of rubbish. Don't expect a lot of help from Laptops Direct. They may want to see it. They may want to assess it. They may tell you to send it to their preferred repairer. Somebody may ask you for an initial fee for evaluating it. Don't get involved in any of this protracted procedure.

 

My advice to you is to prepare to bring a small claim. Do some reading around and understand the basic steps. It is very easy. Then contact Laptops Direct and if they don't respond quickly or if there was the slightest sniff of prevarication or denial then send them a 14 day LBA and then begin the claim.

 

Your claim should be for the cost of repairs or else for the cost of a replacement less a reduction to reflect the one years use you have had of the laptop. You would calculate this reduction by assuming the expected life of the laptop, say, six years. Divide the purchase price by six years and that will give you the yearly value. Make a claim for the purchase price less 1/6.

 

In order to bring a claim you will incur some fees but if you win – which is very highly likely – you will get your fees back. The most likely scenario is that they will put their hands up when they get the court papers