Acer loses recovery discs

[king12345]

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.

[buzby]

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.

[king12345]

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?

[buzby]

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!

[king12345]

That's good news,

but what do you mean by "exceptional judgement against you"?

Thanks a lot

[StudentInDebt]

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".