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    • We are not offended. But we try to give you advice all the way and you seem to want to go your own way including hiding the identity of the breeder – for whatever reason, I can't possibly fathom – except that during the time that you have been hiding their identity, other animals presumably may have been at risk and other purchasers also may have had difficulty. Had you posted the identity of the breeder here, people might have stumbled on this information and become aware. It seems to me absolutely normal that if you start taking advice from somebody then you stick with it. We are not offended, but is a bit frustrating to feel that we are putting effort into helping you – but in fact you are off doing your own thing and not necessarily in your best interests. Anyway, you've sent a 28 day letter so you have to stick with it. You say you haven't done this kind of thing before so you need to read around and find out the steps involved in taking a small claim in the County Court. Now you have a decision as to whether to look at the advice we give here on that or go to Which? or whoever else you may have been consulting. One of the problems about having gone to Which? is that although they have effectively given you a letter of claim to copy out which gives 28 days before taking legal action, they didn't explain to you that 28 days wasn't necessary and that the pre-action protocol only requires 14 days. So you came away from them not really understanding the whole story and the choices you had. I'm afraid I was find it very frustrating that these organisations which purport to inform and empower consumers don't tell them the whole story.   The reason why Which? gives this kind of softer advice is because they don't want to alienate themselves from corporate interests and they don't want to seem to be to pushy. Unfortunately we have found over 15 years that in order to assert your rights properly, you need to be pushy. The County Court papers are the great Equalizer between you and all sorts of commercial interests including huge multinationals. Still, let's see maybe your breeder will respond within 28 days with something satisfactory. However, you better be prepared and ready to take the next step – if you know what that is
    • Well it sounds like a breach of contract which has substantially deprived the purchaser of the entire benefit of the contract – which amounts to a breach of condition which means that the contract can be treated as terminated. After that  section 75 consumer credit act   See if there has been any communication with the finance company. Send them an SAR – do it now.
    • I didn't realise there was much difference, this is my first time doing anything like this so maybe a bit ignorant. Sorry for any offence caused.
    • We probably signed it around Oct 2018 On the original sofa we received back in jan 2019. Harvey’s agreed to replace that one as it basically fell apart within months so the replacement was on the same agreement which we ordered October 2019 We have around £900 outstanding on the finance.     
    • Well don't think I'm being territorial about it, but you come to us for help and then you use templates and advice from other organisations. I don't understand why you mix and match. 28 days is far too long – especially given the difficulties you have had so far. Pre-action protocol only requires 14 days. The 28 day now takes you slap into Christmas and New Year's et cetera and causes additional complications. You should understand that organisations like Which?, Citizens Advice and so forth are all very well but their approach is far too gentle and am afraid that to deal with companies or traders that won't honour their consumer obligations to you, you need to be assertive and keep them on the back foot. I'm not too sure how you think that giving the breeder 28 days rather than 14 days places you at any kind of advantage or that the breeder is likely to be more cooperative. Short, rigid deadlines are far more likely to keep your potential defendant focused on the issues. You have sent the 28 day letter now so there's nothing you can do about it. However I think you need to settle on where you are going to take your advice from and stick with it. We are quite happy to stand aside – and it would be better if you did decide because unlike Which? and citizens Advice we don't get paid and we put our effort in for free.
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Acer loses recovery discs


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Hi,

I have an acer laptop that went faulty under warranty so i sent it for repair and along with it the recovery discs as requested by one of their support rep.

They fixed the pc and sent it back in 3 days but without the discs.

After a dozen tel calls they said that i needed to complete a form to get a copy of my operating system from windows.

Done that 15 days ago and spoke to one of their manager but nothing.

Now they are refusing to disclose the name of their lab manager because i have threatened to sue them for theft.

In fact by law, permanantly deprive someone of their property is considered theft.

They are now refusing to give me any operating system disc.

One important bit is that after they fixed the pc they installed an operating system xp home which is cheaper than my original one xp professional.

Can i really sue them?

Is there anything i can do to get my disc or any xp pro disc back?

I have kept all the letters, emails, date and time of tel calls and names of people i have spoken to.

From their communications is clear that they received the discs but they have lost them.

Please help.:(

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The repair has not been competently carried out. They'll be aware your machine was loaded with XP Pro, and they mis-installed XP Home. You should insist on the correct OS and your discs or their replacement. If they don;t oblige, you can sue them for the difference in cost (as an upgrade) and this will provide you with the 'recovery' disk you require.

 

Don't lose the plot. You want what you paid for - if they don't play ball. use the courts to get your own back.

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Thanks,

my only fear is that they come up with one of their big lawyers and find a loophole making me pay all their astronomical expenses.

What do you say?

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They cannot do that. The Small Claims Track costs you £50, and they cannot recover costs from you unless of an exceptional judgement against you. Everyone carries their own costs, but if you win - you get yours back!

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In fact by law, permanantly deprive someone of their property is considered theft
I always thought that the law said "A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it" - my use of bold text should highlight why accusing this company of theft is going to be tough to prove. They are clearly incompetent but this is the same for pretty much all companies that offer "customer service".

Lloyds TSB, Total Charges £900, Claim Filed for £1379 - Settled

 

Sainsbury's Bank Credit Card, Total Charges £90 - Settled.

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