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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
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    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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Laptop in repair centre for over 3 months


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Long story short.

 

I never contacted currys regarding my fan's laptop problem, although I bought it from them.

I directly went for Acer's site and made the arrangements for repair under warranty.

 

The laptop arrived there on 5th of September at their centre repair.

It's now 29th of November and my laptop is not repaired and the service team from acer told it's not going to be repaired till next year because they don't have the stock to repair and even next year they don't have a date, it could be anywhere from January to December.

 

What I'm supposed to do?

I'm still a student who had to ask for extensions and probably I will ask for deferral as I need a pc to finish my degree.

I can't wait over 5 months for my laptop to be repaired, I need it before 18th of december to finish my projects

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when did you buy the product

when did you report it faulty.

 

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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I bought it 2 years ago on 27th of November,  but I sent it this year at the end of august. Now it's no longer under warranty but still in their centre repair because I sent it in time

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so it had a 2yrs manufacturer warranty?

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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And what is the problem with the fan?  Has it actually stopped working?

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1 hour ago, dx100uk said:

 

so it had a 2yrs manufacturer warranty?

Yes, 2 years warranty

 

1 hour ago, BankFodder said:

And what is the problem with the fan?  Has it actually stopped working?

Yes, the cpu fan stopped working which made the laptop to go instant to 70 -90+ degrees C. The laptop costed around £1200-1300 so it had an app with which you can control the speed fan and see the live rotation of the fans. And the one cpu fan it 0 all the time

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The only problem here is that you had two years use out of it before it broke down. This means that if you sued Acer – which I think is probably the best thing to do, although you will sue them for  the replacement value, if they offered you a settlement which reduced the compensation payment by a proportion which was calculated to reflect the value you've had out of the laptop already, you would then have to find the additional money to buy a new one. Do you understand this?

At £1200 two years ago, this would have been a reasonably well specified laptop. Can you tell us what it was? How much would it cost to get an identical laptop now?

 

Also, I better add that the chances of getting this sorted out by 18 December are remote in the extreme.

Are you able to say in a convincing way that not having laptop is producing all these extra side-effects such as having to defer assessment for your degree? Is that likely to cost you anything extra?

What are you studying?

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I can't really find it on sites anymore, only amazon with $. It was an acer predator helios 300 with i7, Gtx 1060, 16 gb ram, 1 tb hdd and 256 gb ssd.

My course is mainly 3d modelling and digital drawing which requires a pc/laptop. On week 6 there was a reading week so there were no classes at all and I had to spend 12 hours at uni every that week to try to chatch up with work. University allows students to use labs only when there are no classes so that's mainly 4-6 hours per day which is not enough for my course + 4 hours of there hours are from 5 pm to 9 pm. I also had a really bad time because while I was at uni I had to concentrate all the time so I can make the best of that time and I almost burntout because I had days in a row where I would not talk to no one because most of students worked for home and because I had to work as much as possible. I also lost some money because I used to freelance by doing animations and I couldn't take orders anymore because I had no laptop to work with it

 

 

I can't really find it on sites anymore, only amazon with $. It was an acer predator helios 300 with i7, Gtx 1060, 16 gb ram, 1 tb hdd and 256 gb ssd.

 

My course is mainly 3d modelling and digital drawing which requires a pc/laptop.

On week 6 there was a reading week so there were no classes at all and I had to spend 12 hours at uni every that week to try to chatch up with work.

 

University allows students to use labs only when there are no classes so that's mainly 4-6 hours per day which is not enough for my course + 4 hours of there hours are from 5 pm to 9 pm.

I also had a really bad time because while I was at uni I had to concentrate all the time so I can make the best of that time and I almost burntout because I had days in a row where I would not talk to no one because most of students worked for home and because I had to work as much as possible.

 

I also lost some money because I used to freelance by doing animations and I couldn't take orders anymore because I had no laptop to work with it

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Please could you avoid making your posts in large blocks of text. It makes it very difficult to follow for people who want to help you. Well spaced and punctuated please

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Well please can you find an equivalent laptop which would purchase if you had £1250 to spend. Let us know what you find and the price

 

Also, can you tell us about the warranty terms and conditions. What is it say in the event that they are unable to repair the computer and it has to be written off? I imagine there must be something that tells you what their next step is.

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I wasn't able to find £1250 laptops only £1300 ones, but that is from a fast looking around with filters.

I'm not sure about where I could find the terms and conditions, but I know for a fact acer is pulling this disclaimer in every email
Due to the global outbreak of Covid-19 (Coronavirus), the supply of Acer spare parts and repair services is currently subject to possible delays, being affected by this event of force majeure. As such, Acer cannot accept any responsibility for delayed, cancelled or partial supply of Acer spare parts and repair services. Customer accepts possible delays or cancellations and waives any rights arising therefrom (such as but not limited to any penalties (contractual or other), which are non-applicable. Acer apologizes for those delays and assures you that all mitigating measures in our control are being implemented and that we will resume normal performance as soon as possible. In the meantime, we hope for your understanding under these exceptional circumstances.

 

 

I wasn't able to find £1250 laptops only £1300 ones, but that is from a fast looking around with filters.

 

I'm not sure about where I could find the terms and conditions, but I know for a fact acer is pulling this disclaimer in every email

Quote

Due to the global outbreak of Covid-19 (Coronavirus), the supply of Acer spare parts and repair services is currently subject to possible delays, being affected by this event of force majeure. As such, Acer cannot accept any responsibility for delayed, cancelled or partial supply of Acer spare parts and repair services. Customer accepts possible delays or cancellations and waives any rights arising therefrom (such as but not limited to any penalties (contractual or other), which are non-applicable. Acer apologizes for those delays and assures you that all mitigating measures in our control are being implemented and that we will resume normal performance as soon as possible. In the meantime, we hope for your understanding under these exceptional circumstances.

 

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I'm terribly sorry but this is the second time that I'm asking you to space and punctuate your posts correctly.

I appreciate that you are doing things on a telephone – but it doesn't prevent you putting in paragraph returns

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Not trying to be rude, but 90% of my last text was the disclaimar from Acer which could have helped somehow.

 

I know I have the bad habit of making long paragraphs, but I'm sure Acer at least knows how to space and punctuate correctly.

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£1300 is fine. Don't worry about it.

Don't worry about the disclaimer. It has no effect. They are trying to introduce a new term into a contract which has already been made.

It has no relevance. Even if a certain delay was acceptable, the fact that they have already had your computer for three months and they are now effectively suggesting a further two months that is five months which amounts to about 20% of your period of ownership – is not acceptable.

What I'd like to know – and I think is quite important – is what they say in their warranty if the computer is beyond repair. I'm assuming that you are prepared to bring a small claim against them – and that is what we will propose that they fall back on that term – especially if the term proposes that they supply you with a replacement. This would then avoid the problem for you that you would have to accept only a proportion of the purchase price.

If you're not prepared to sue them – then frankly there's nothing you can do. If you are prepared to issue a small claim then your chances of success are better than 90%. The risk you if you lose is that you lose your claim fee. If you win then you will recover all of your losses.

If you want to start a small claim that we will help you all the way but it will assist enormously if you can find the terms and conditions of the warranty. Have a look at their website and you may find references to it there or at the Currys website. Did you pay for this warranty or was it simply included as part of the purchase price? If you paid, then who did you pay? Did you pay Acer or did you pay Currys?


 

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As far as I remember and by looking at the receipt, it was already included in the price of the laptop. 

 

Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions

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Well I think it would be prudent to check them.

I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything.

Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves.

Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose

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