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Currys laptop and Sales of goods Act

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Ok, this is quite long so bear with me please...

 

My dad bought a laptop from Curry 1/9/04 so its not 3 years old now... We have rang Consumer Direct who say that we have a case but I need more help than that.

 

We have had a problem with the laptop since day 1, whereby we cannot use our laptop without it being in the mains... so its not portable... We rang their helpline and they told us that it was a manafacturers problem and we needed a "bios flash upgrade" to change the settings and to go to the website, download what was needed and install it... This was done by my dad and my other half, whos pretty knowledgeable with comps.

 

When this didnt work, we rang back and they told us the would take the computer and repair it because as well as not running without mains, the mains connector in the back was loose and it kept turning off. They told us the faults were probably related and they would fully test the system and return it in FULL WORKING ORDER.

 

They decided to send it back to Packard Bell to replace, who replaced the motherboard, fixing the shorting out problem, but not allowing me to use it without the mains, as promised. I started speaking to Customer services via e-mail as it was an unreasonable repair, stating quite clearly the sales of goods act and they werent interested.

 

After this several incidents happened meaning that we had to holt the claim.. My mum lost twin boys, my daughter died etc...

 

A few weeks ago we got in contact with Consumer Direct who say that we have a case and not to worry as we have 6 years to claim.

 

We were told to get an engineers report by Currys at our cost and to send that to them.. We cant find an engineer that will do it before it gets sent to Currys and we dont see why we should pay for a report that costs more than the computer is now worth when it is a standing fault since we bought it.

 

My understanding of the sales of goods act is that our contract is with Currys and it is their responsibility to give me an item of working order, which this is not. It also says that if a repair is attempted and it is unsatisfactory (which it was as it still doesnt work as it should) that I am entitled to ask for a refund or replacement.

 

I also made half the payments on an extended warranty but stopped it when the computer came into dispute as I knew that the warranty woulnt cover any other computer and my warranty didnt cover this fault so I couldnt understand what I was paying for. It wouldnt even have started until the computer was a year old, which is wasnt when it first came under dispute.

 

I have asked for my money back as the extended warranty was never enforced and I have paid over £100 to have a computer which doesnt work and a warranty that doesnt cover my already faulty computer!!! They have refused.

 

Im waiting to take it to court, just not sure on how to word court papers etc... All I am asking for is a replacement of my computer of the same spec and My warranty money back. We dont think thats unreasonable.

 

Sarah

-x-


03/10/06-Data Protection Act request sent via recorded delivery

06/10/06- Letter signed for. 15th Nov cut off date.

10/10/06- Statements come in tatty brown envelope.

Will be claiming for £1946.22

23/10/06- Preliminary request for £1946.22 sent recorded delivery.

24/10/06-Letter signed for. 7th Nov cut off.

08/11/06- Standard letter received wanting more time.

 

23/03/07- Time up for NatWest to say whether defending or not.

19/03/07- Acknowledgement of service and saying was going to defend came through.

04/04/07- Deadline for Natwests defence.

03/04/07- Defence filed came through.

05/05/07- Letter from Court to say claim stayed until 27/06/07

25/06/07- Letter from court, claim stayed until further notice.

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I think as you have left it so long and a long gap between it being 'fixed' and now that you are going to have a hard time if it goes to court. You may get lucky and Currys decide to settle out of court.

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We thought the same but Consumer Direct says that it doesnt matter... as we have a 6 year gap to work with its not a problem, we have 6 years to claim. We just need someone to point us in the right direction as were not sure what to do.


03/10/06-Data Protection Act request sent via recorded delivery

06/10/06- Letter signed for. 15th Nov cut off date.

10/10/06- Statements come in tatty brown envelope.

Will be claiming for £1946.22

23/10/06- Preliminary request for £1946.22 sent recorded delivery.

24/10/06-Letter signed for. 7th Nov cut off.

08/11/06- Standard letter received wanting more time.

 

23/03/07- Time up for NatWest to say whether defending or not.

19/03/07- Acknowledgement of service and saying was going to defend came through.

04/04/07- Deadline for Natwests defence.

03/04/07- Defence filed came through.

05/05/07- Letter from Court to say claim stayed until 27/06/07

25/06/07- Letter from court, claim stayed until further notice.

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You do have 6 years under the statute of limitation, however not taking any action won't do you any favours. You'll just have to hope that the judge is sympathetic if it does go that far.

 

The warranty issue is tricky. You signed up for it and to be honest you can't just stop paying for it because it didn't cover the fault that occurred. Unless there is something wrong with the warranty or it's been misrepresented, I don't see that you have grounds to get a refund for this.

 

Re. the laptop, the Sale of Goods Act states that goods must be of satisfactory quality, fit for the purpose and as described. Your rights can last for up to six years from purchase as stated above, however this will not cover normal wear and tear. You are entitled to a repair or replacement in the first instance; if the repair fails you are looking at a replacement to the same value that the laptop would have been had it not become faulty, or rescission of the contract - which is a partial refund less an amount for wear and tear, so you would have to allow for having a fair bit of use from the product.

 

You would be unlikely to get a brand new replacement without having to make a contribution at this stage. A consumer cannot have betterment, i.e. be in a better position than they would have been in had the goods not been faulty. If you got a brand new laptop now, you have effectively had 2.5 years use from a laptop for nothing.

 

I would also doubt that they will offer you a new laptop out of goodwill, as it would potentially cost them more to do this than to rescind the contract and offer a partial refund (which they are entitled to do if the other remedies are disproportionate, i.e. cost them more).

 

However I can see them offering 3 potential resolutions:

 

1. they can offer you a replacement of the same value as your laptop would have been had it not been faulty

 

2. a new laptop and you make a contribution to the cost

 

3. rescission of the contract, they take back the laptop and pay you a partial refund allowing for the use you have had

 

Sorry can't type any more - programme on TV! - but hope this helps a bit.


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Just to clarify - my point was meant to be along the lines of rosiecottons - ie that yes you have up to six years but as you have left it a long period of time without pressing the matter you may have a hard time and a judge possibly asking 'Well if it didn't work why has it taken you 3 years of no correspondance?'

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Sorry to be pedantic here, but I have to clarify the statute of limitations thing here.

 

You have 6 years from the time you discover the fault to make a claim about that fault. i.e. your 6-year clock started ticking when you found out that the laptop had to be plugged-in to work.

 

I would seriously consider filing a small claim based on the SOGA. If it does end up in front of a judge, (s)he will award you a partial refund of the purchase price, based on how old it is etc OR require Currys to perform a free repair/replacement (at their discretion).

 

However, if Currys settle out of court - which they probably will, let's face it - there's a chance they'll give you a new laptop.

 

Don't waste any more time going into stores etc, write to head office in Hemel Hempstead. Probably a well-worded letter before action will get the result you're looking for.

 

Let us know what happens!


edinburghbeerbucket :D

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Currys have answered my complaint about my faulty laptop but they have missed some vital points in there defence... where do i put the points that are wrong? Iv got an aq and im not quite sure what to do with it? Thanks


Wendy and Keith v The Woolwich- Data Protection Act sent 3/10/06

Signed for 4/10/06.

List of charges received 13/10/06.

Prelim request sent 14/10/06. Claiming for £1800 (and a bit)

Signed for 17/10/06.

Deadline for 1st response: 31/10/06

2/11/06- LBA Action sent. Signed for 3/11/06.

Deadline for 2nd Response: 17/11/06

 

 

Wendy and Keith v Capital one- Data Protection Act sent 17/10/06

Signed for 19/10/06.

Deadline for List of charges: 28/11/06

 

Wendy and Keith v Blackhorse- .... DPA still to be sent...

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Wendy and Keith v The Woolwich- Data Protection Act sent 3/10/06

Signed for 4/10/06.

List of charges received 13/10/06.

Prelim request sent 14/10/06. Claiming for £1800 (and a bit)

Signed for 17/10/06.

Deadline for 1st response: 31/10/06

2/11/06- LBA Action sent. Signed for 3/11/06.

Deadline for 2nd Response: 17/11/06

 

 

Wendy and Keith v Capital one- Data Protection Act sent 17/10/06

Signed for 19/10/06.

Deadline for List of charges: 28/11/06

 

Wendy and Keith v Blackhorse- .... DPA still to be sent...

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Sorry to be pedantic here, but I have to clarify the statute of limitations thing here.

 

You have 6 years from the time you discover the fault to make a claim about that fault. i.e. your 6-year clock started ticking when you found out that the laptop had to be plugged-in to work.

 

No, you don't.

 

You have to be able to prove that the fault was inherent in the product when it was purchased, therefore you have six years from the time of purchase.


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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What did you ask for and what was their response?


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Hello, my parents have scanned the court papers and defence, would someone be able to look at them please as they dont have much time left before the AQ needs to be back x


03/10/06-Data Protection Act request sent via recorded delivery

06/10/06- Letter signed for. 15th Nov cut off date.

10/10/06- Statements come in tatty brown envelope.

Will be claiming for £1946.22

23/10/06- Preliminary request for £1946.22 sent recorded delivery.

24/10/06-Letter signed for. 7th Nov cut off.

08/11/06- Standard letter received wanting more time.

 

23/03/07- Time up for NatWest to say whether defending or not.

19/03/07- Acknowledgement of service and saying was going to defend came through.

04/04/07- Deadline for Natwests defence.

03/04/07- Defence filed came through.

05/05/07- Letter from Court to say claim stayed until 27/06/07

25/06/07- Letter from court, claim stayed until further notice.

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How do I do that please?


03/10/06-Data Protection Act request sent via recorded delivery

06/10/06- Letter signed for. 15th Nov cut off date.

10/10/06- Statements come in tatty brown envelope.

Will be claiming for £1946.22

23/10/06- Preliminary request for £1946.22 sent recorded delivery.

24/10/06-Letter signed for. 7th Nov cut off.

08/11/06- Standard letter received wanting more time.

 

23/03/07- Time up for NatWest to say whether defending or not.

19/03/07- Acknowledgement of service and saying was going to defend came through.

04/04/07- Deadline for Natwests defence.

03/04/07- Defence filed came through.

05/05/07- Letter from Court to say claim stayed until 27/06/07

25/06/07- Letter from court, claim stayed until further notice.

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Ok, we dug up everything we could on this... The following link is the original report after the computer was returned for repair in July 05... It states that the fault was a major power/ critical defect and that it was a faulty power socket, so they replaced the motherboard (in no way shape of form do they say it was a battery problem)... when the computer was returned, it still didnt work.

 

http://i145.photobucket.com/albums/r235/sjc1985/defence0005.jpg

 

The next link is one of the early letters written to them regarding the complaint...

 

http://i145.photobucket.com/albums/r235/sjc1985/defence0008.jpg

 

The next letter was the one written in October 06 to currys after we spoke to consumer direct who told my dad to resume action... There is a time gap between the letters... In that time, my mum was bedridden with identical twins, she lost them both, had to have numerous tranfusions to save her, and then my baby daughter died at 19 months 10 weeks after the boys, so you can understand that the faulty laptop was the last thing on our minds... There are 2 links to this next letter...

 

http://i145.photobucket.com/albums/r235/sjc1985/defence0006.jpg

http://i145.photobucket.com/albums/r235/sjc1985/defence0006.jpg

 

The next two links are the court papers we filed

 

http://i145.photobucket.com/albums/r235/sjc1985/defence.jpg

http://i145.photobucket.com/albums/r235/sjc1985/defence0001.jpg

 

And the following links are the defence filed by Currys... There are several differences between what we say and what they say...

 

http://i145.photobucket.com/albums/r235/sjc1985/defence0002.jpg

http://i145.photobucket.com/albums/r235/sjc1985/defence0003.jpg

http://i145.photobucket.com/albums/r235/sjc1985/defence0003.jpg

 

Will post a list of the differences later... If someone could have a look and let me know what they think, would be great, and then I can let my dad know,

 

Thanks

 

Sarah

-x-


03/10/06-Data Protection Act request sent via recorded delivery

06/10/06- Letter signed for. 15th Nov cut off date.

10/10/06- Statements come in tatty brown envelope.

Will be claiming for £1946.22

23/10/06- Preliminary request for £1946.22 sent recorded delivery.

24/10/06-Letter signed for. 7th Nov cut off.

08/11/06- Standard letter received wanting more time.

 

23/03/07- Time up for NatWest to say whether defending or not.

19/03/07- Acknowledgement of service and saying was going to defend came through.

04/04/07- Deadline for Natwests defence.

03/04/07- Defence filed came through.

05/05/07- Letter from Court to say claim stayed until 27/06/07

25/06/07- Letter from court, claim stayed until further notice.

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First of all, one potential issue is that you cannot demand a replacement machine if that is a disproportionate remedy and it would be cheaper for the company to offer you a partial refund (rescission) of the contract. I'm not sure if this would be the case - I don't know how much it would cost Currys to supply a replacement machine, obviously it's not the shop price.

 

I understand however that they are not admitting any liability and are claiming that the fault is due to normal wear and tear (i.e. battery life). It would be down to you to prove in court that the fault is not normal wear and tear.

 

I'm not an engineer so I couldn't possibly comment on this. The judge will have to decide based on the evidence in front of him. What do you have to put forward in your argument to go towards proving that the fault is not normal wear and tear?


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Hiya, we have email corrospondence from 2/3 months before the June date that they are claiming my dad first complained about the fault... The first few months he was told it was a BIOS problem with that particular machine and that he had to download all the settings for this etc, etc, and he did so several times but the fault wasnt fixed. The June date they give was the date arranged for it to be taken off and repaired...

 

They also have the original price we paid wrong and we have the receipt to prove this...

 

We also have email correspondence and telephone calls from after the repair, with us still complaining about the problem...

 

Also, we have a reciept from a repair on a different computer where it was found that the battery was at fault and it came back saying that on the repair sheet... The repair sheet for this one says there was a critical powerfault which they repaired, but when it came back to us, it was still doing it. I also dont think they mentioned about the repair being done... But it seems to us that if to start off with we were sent to a website for the manufacturers BIOS settings fault and then it was repaired for a critical power error and its still doing it, then the problem was obviously a manufacturers fault???

 

Were a bit stuck to be honest on what we do with the AQ etc and it has to be back this week so were not sure what to do with these wrong points etc...

 

Any help asap would be appreciated xx


03/10/06-Data Protection Act request sent via recorded delivery

06/10/06- Letter signed for. 15th Nov cut off date.

10/10/06- Statements come in tatty brown envelope.

Will be claiming for £1946.22

23/10/06- Preliminary request for £1946.22 sent recorded delivery.

24/10/06-Letter signed for. 7th Nov cut off.

08/11/06- Standard letter received wanting more time.

 

23/03/07- Time up for NatWest to say whether defending or not.

19/03/07- Acknowledgement of service and saying was going to defend came through.

04/04/07- Deadline for Natwests defence.

03/04/07- Defence filed came through.

05/05/07- Letter from Court to say claim stayed until 27/06/07

25/06/07- Letter from court, claim stayed until further notice.

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Their defence is clearly that it's an issue with the battery, and giving an example of the battery life, that it is normal wear and tear. They obviously haven't inspected the machine in the condition it is now in, so I can only say that they appear to be making assumptions here.

 

It's down to you to prove that the goods are faulty and this is not down to normal wear and tear. "Critical powerfault" does seem to indicate more than just a battery fault, although the time that has passed since this diagnosis won't help your case, you will have to hope that the judge is sympathetic to your circumstances.

 

Their argument is that this is normal wear and tear. Your argument is that it is not. The onus is on you in court to prove your case, and not on Currys. You will need to gather as much evidence as you can to show the judge what the fault is and that it is not something you would expect to occur through normal use. An independent engineer as they suggested is the easiest way to prove this one way or the other, and the costs of this can be added to any claim provided it does not exceed £200. Without an independent report, you will have to rely on what you have to present your case - the previous fault report and your description of the fault. The judge won't be a technical expert and will have to rely on the evidence in front of him.

 

Did you let Currys know that you could not find an independent engineer?


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Yes, and theyre attitude is without one, we wont do anything... Can anyone tell us where we point out all the discrepencies please? Also, can we ask the judge to ask them to disclose the full engineers report? If so, where? x


03/10/06-Data Protection Act request sent via recorded delivery

06/10/06- Letter signed for. 15th Nov cut off date.

10/10/06- Statements come in tatty brown envelope.

Will be claiming for £1946.22

23/10/06- Preliminary request for £1946.22 sent recorded delivery.

24/10/06-Letter signed for. 7th Nov cut off.

08/11/06- Standard letter received wanting more time.

 

23/03/07- Time up for NatWest to say whether defending or not.

19/03/07- Acknowledgement of service and saying was going to defend came through.

04/04/07- Deadline for Natwests defence.

03/04/07- Defence filed came through.

05/05/07- Letter from Court to say claim stayed until 27/06/07

25/06/07- Letter from court, claim stayed until further notice.

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Yes, and theyre attitude is without one, we wont do anything... Can anyone tell us where we point out all the discrepencies please? Also, can we ask the judge to ask them to disclose the full engineers report? If so, where? x

 

That's the thing, though. The Sale of Goods Act is fairly explicit as to where the burden of proof lies. - if the product is less than six months old, the product is considered to have been inherently faulty (faulty at time of purchase) unless the retailer can prove otherwise. - if the product is six months old or older, the product is not considered to have been inherently faulty, unless the customer can prove otherwise. Looking at this, your machine is older than six months old. As you have (understandably, it has to be said) left the issue aside, now the issue has fallen outside the six month period, Currys, or any other retailer, are within their rights to request you to get an independent reputable engineer to examine the laptop and deem whether the fault with the product is a manufacturing defect (and hence an inherent fault) or not - it doesn't matter how much this costs, because if, as you expect to, you win, they are obliged to pay your court and engineer costs, and even if they settle out of court will probably refund you as a goodwill gesture. To be honest, as a PC tech myself, I do believe this has an element of doubt as to where the fault itself lies- normally, battery issues are either the fault of the battery, or the circuitry which controls the battery charging on the mainboard, if indeed this is a hardware problem - it could be software, or as advised, a BIOS problem. As the laptop has been repaired, and the mainboard already changed for the power pin issue (which may or may not be related to the battery fault) then there is less likelihood that the second mainboard will have the same problem - therefore it is potentially likely, though evidently having not examined the machine, that the battery is faulty. The issue with the battery warranty is a separate issue. As warranties are defined in law, but additional to your statutory rights under the Sale of Goods Act, not instead of them, there is no exemption that an out of warranty item cannot give you recourse under the law. However, it is interesting to note that PB only give you a six month warranty on the battery - what this means, is that they expect the battery to last for six months after purchase before its condition deteriorates, under normal conditions. Obviously, the battery is older than this, but the fault was evident before this. The issue is that having left the problem for such a time period, the burden of proof is reversed. DSG, who let's remember do not have to prove anything, are alleging the problem is due to fair wear and tear. You are saying that it is not, but have no expert evidence to state so. As you have to PROVE it's not, rather than just saying so, then this is where an engineer's report can be vital. In fact, I'd say the case more or less depended upon it.


The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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Guest retailerspointofview

if you called currys in the first 6 months saying the battery not working then you could use this as your proof.

 

ask them to check their records from time of purchase onwards

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But then there's always the issue as to why it's not been resolved quicker, plus that would only resolve the battery fault...


The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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Guest retailerspointofview

ok so here is your problem.

 

there was a critical power fault. which they couriored to the repairer and replaced the motherboard. please note that laptop motherboards contain the powersupply, sockets and pins. this means they have sorted the power fault. (as you admit it will work from the mains)

 

secondly you mention that it will not function without power supply. (from the battery).

Your own admission from reading your letters is that for months you did not notice this issue as you ran the computer from the mains.

did you know it is a known fact if you leave a battery in a charger for months it WILL cook the battery.

whether it be AA batteries, car batteries or laptop batteries.

 

in the retailers defence a battery is a consumable and as standard procedure whether the battery is faulty or not should be changed regularly as they have limits to how many times they can be recharged.

 

with the way you were using the laptop (mains powered 90% time) this explains many issues. first you cooked the battery, secondly it went passed the 6 month period. because batteries are classed as a consumable they do not come under SOGA. just like a tin of beens with a 6 month use by date.

 

with your admission that you can use the laptop from the mains (which proves the laptop is fine).the only ways that currys can be held responsible for this issue are these:

1) the repair was done under 6 months from purchase and so they should have replaced the battery also as part of the same critical power fault.

2) that the fault is not the battery but the connection to the battery.

 

if you can show proof that a engineer inspected or repaired the machine under the batteries 6 month timescale and they did not replace it then you have a case that they did not fix the entire unit to satisfactory standard.

 

if you can show proof it is not the battery but the laptop refusing to charge a fully functioning battery then you have a case as this is a laptop (non consumable issue) not a battery (consumable issue).

 

under SOGA the seller only has to repair the unit (laptop) for upto 6 years and the consumables (battery/cables) for a limited time - NOT 6 YEARS

 

i would suggest buying a spare battery. you can either use this as proof that the laptop is faulty as it still does not charge a fresh battery and so it is faulty laptop and not battery. or the battery charges and so you have a laptop you can use portably.

 

after this much time asking for a full refund which by reading your letter is down to a battery issue and not allowing them to inspect the laptop which to prove faulty is not a good idea.

 

plus asking for fresh new software is going too far also as software is also in some respects classed as a consumable. plus it is not faulty.

at most all they have to do as a customer service issue and not a legal issue is send you a battery through the post. or partial refund you the cost of a battery. remember this is not a legal issue which they have to honour. just a goodwill gesture.

 

leaving it soo long and demanding so much without giving them chance to inspect or re-repair is not a good defence on your part.

 

all i can say is buy a battery. it is cheaper and faster solution then phonecalls, letters and petrol to Consumer direct TS etc.

 

if then still not working from the freesh battery, allow them to inspect/repair the machine. and take them to court and add the cost of the battery to the claim.

 

what you can claim for:

value of laptop

Petrol,

postage,

telephone calls

fresh battery - batteries are not usually claimed but using a fresh battery as proof of fault is equal to paying independant repairer for report.

 

what cant be claimed

the aftercare

software

 

the aftercare is a separate contract which was an optional extra to get matters resolved if accidentally damaged machine or software issues. they have not breached this as your issue was mechanical, which they repaired.

 

service contracts are very hard to get reimbursed from unless there a breach EG sky charging you £50 a month and you cant watch a single channel due to faulty equipment or service on their part.

a breach is NOT sky charging you £50 a month but you choose not to watch/ use the service.

 

Software is a consumable and it will function on many machines including newer versions of machines. unless faulty then you have no claim.

 

atmost if you have proved laptop is the fault and not the battery and you require a new laptop then state that the new laptop contains these software packages as this was part of the 'offer' originally and the decision to purchase the laptop was due to the software being on there as the laptop was fully installed to meet your purpose.

 

thus if they replace it and it does not contain the software or the new vista machine for example will not fnction with the software you currently got then the replacement is not fit for purpose and can be rejected.

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with the way you were using the laptop (mains powered 90% time) this explains many issues. first you cooked the battery, secondly it went passed the 6 month period. because batteries are classed as a consumable they do not come under SOGA. just like a tin of beens with a 6 month use by date.

.

 

WTF are you on about? I stopped reading this post at this point because I am damned sure (though I could be wrong) that it would contain just as much bull as this.

 

rpov, please stop posting ANYTHING to do with SoGA or any other legislation, as you clearly do not know what you are talking about, and frankly, are confusing the hell out of people. someone is going to follow your advice and lose out because IT IS WRONG.

 

Seriously, please stop it.


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Guest retailerspointofview

gyzmo you do not know much either.

 

my advice comes from the horses mouth in the form of 3 judges. from reading SOGA and from hearing retailers reasons and understandings.

 

ontop of that having conversations about different situations with consumers direct.

 

what you fail to realise is not everything you buy is covered by the 6 year rule..

 

i have heard you personally say how its under 6 years so take them to court.

 

even computers are not deemed to last 6 years. gaming PC's have a life expectancy of about 12 months.

video editing PC's about 2 to 3 years and basic office machines about 4 years.

this lifespan is generally set by the software developments and movement of specifications.

 

washing machines have a lifespan to do with how many spins they do.

 

a tin of beans have a lifespan to do with the use by date.

 

and batteries have a lifespan to do with number of recharges/refreshes.

 

before passing judgment get your life .. oops i meant head.. actually.. i was right first time.. life out of a book and explore the world, talk to people.

learn some facts about law in the real world and not on paper.there are exceptions to the rules. grey area's

 

and there are also other ways to impliment the rules.

 

NOWHERE does it say the original purchasing store is the only place you go to. the registered ORIGINAL owner (seller) is registered at the company head quaters. the seller is the company not the sales staff.

 

you just assume that it refers to the store down the road but what you do not realise is that a contract is made when an exchange of monies passes hands from the buyer to the seller.

 

the registered address of the bank that holds this money is also the head office address..

 

the store is just an advert. the staff are not the owners of the product. never have never will.

 

the company has the legal bind and they can AUTHERISE outside agents and members of staff to act on their legal obligations.

 

they do not authorise store staff on many items over £100 as a calculation of costs to weigh up which is more efficient and least costly to company. before deciding which remedy to use.

 

this way if the stores move, staff quit consumers lose nothing. the store is only a point of contact for advice. it is NOT illegal for them to forward you onto their head office. they are simply telling you to contact the seller not the advertiser..

 

think of the store like paypal shopping or the classified adverts in a newspaper..

 

you can use paypal to contact the seller or get paypal involved but the fastest/easiest and most legal route to get the item fixed is to contact the seller direct.

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Oh please. For it's accuracy, your advice may as well come from a horse - I am sure it can do better.

What freakin training have these shop assistants had in law? Do they have a degree in law or practice law part time? No. They don't. And as I've said before, I am doing a DEGREE in this area which I think counts for ahell of a lot more than your dubious interpretation of legislation, and the (combined) knowledge of your mates.

 

I'd love a Trading Standards Officer to pay you a visit. I can just imageine you trying to put them right on the law.

 

Again, you post inaccurate information. Please enlighten me and quote from the act (which you obviously do not understand) the part that states batteries are not covered as you stated before.

 

BTW, the "6 year rule" you refer to is from the Limitation Act. It is the time that you have to bring a case to court.

 

I have a life thank you. Why don't you get a brain, and get this into your head:

 

YOU DO NOT UNDERSTAND THE LAW. NEITHER DO YOUR MATES. STOP POSTING.


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