Consumer Rights: MoneySavingExpert.com discussion

Art_2

lynne72 wrote: »

I bought a Toshiba laptop from BT shop for £650.00 in January 2006 I have used it as an office based (ie doesn't get moved about) laptop at home until beginning of December 2007 when I switched it on and it worked but a couple of hours later it just went off with no power to it at all. I have bought a new charger but it isn't that. I contacted BT who I bought it from who say that it is nothing to do with them and it is out of the 12 month warranty period and I wrote to them saying they had 14 days to repair or replace my laptop otherwise I would take them to small claims court unde the Sale of Goods Act based on the laptop being of reasonably high end specification not lasting a reasonable length of time, they ignored my letter and I am currently in the process of taking them to court. BT have responded with a defence so it looks like I'll be heading off to court!!!!! I have also contacted a couple of companies to try and get a written report on how long a laptop of this spec should last and just keep getting told to contact Toshiba but I doubt they are going to write a report if it means 'droppng BT in it' - any ideas!!

Looks like you've already started the ball rolling with the Small Claims Court. Stick with it and see how it goes. Often the defendant never turns up so you will get judgment by default. The court may ask for a report in which case you will have to provide one before they reach a verdict.

If a report is required any reputable computer business should be able to provide one but you will be charged for this service.

Regards,
Art.

lynne72

Thanks

I have spoken to a local computer company and there reply was that I've done well to have a Toshiba laptop last this long - Apparently they make good T.V.'s!!!!! so after they said that I was starting to doubt whether or not I should actually continue with the court action.

Art_2

lynne72 wrote: »

Thanks

I have spoken to a local computer company and there reply was that I've done well to have a Toshiba laptop last this long - Apparently they make good T.V.'s!!!!! so after they said that I was starting to doubt whether or not I should actually continue with the court action.

You paid around £650 for this laptop and should expect better use out of it than you have had. I would continue with your Small Claims Court action. If you win you'll get a laptop that works, if you lose it will cost you a court fee which I think is around £30.

Regards,
Art.

lynne72

Yes you're right, I suppose I've already paid the initial £60 court fee and the only other outlay will be the long trip to the Court but it will be worth it if I get my money back - I bought it on my Barclaycard and I rang them but they weren't interested in helping me out either. Fingers crossed BT don't turn up on the day - at least it'll be a day out!!!

derrick

lynne72 wrote: »

Yes you're right, I suppose I've already paid the initial £60 court fee and the only other outlay will be the long trip to the Court but it will be worth it if I get my money back - I bought it on my Barclaycard and I rang them but they weren't interested in helping me out either. Fingers crossed BT don't turn up on the day - at least it'll be a day out!!!

You can sue Barclaycard as well or in place of BT under Section 75 of Consumer credit act, as they are equally and severally liable, just add them to the court papers as joint defendants.

Art_2

lynne72 wrote: »

Yes you're right, I suppose I've already paid the initial £60 court fee and the only other outlay will be the long trip to the Court but it will be worth it if I get my money back - I bought it on my Barclaycard and I rang them but they weren't interested in helping me out either. Fingers crossed BT don't turn up on the day - at least it'll be a day out!!!

I would go back to Barclaycard and ask them if they understand their responsibility under the law. As mentioned by derrick they are a party to the purchase.

Regards,
Art.

shree13

I bought a fridge/freezer from dixons which was delivered 28jan08. I stocked it all up and within 2 weeks it started to leak. Dixons says they will replace providing i empty, defrost and clean it before they deliver a new one and take faulty one away. they say i can claim compensation for things in freezer if i provide receipts. I haven't kept receipts and now they say they wont give me any compensation. please help and tell me where i stand with this. thanks.
p.s i do apologise if this thread is not done in the right way - its my first. x

rm82

Hi all,

Hope someone here can give me some advice...

I recently purchased a bath over the phone from a retailer. When my bathroom fitter was in the final stages of installing it, and was checking the waste was properly fitted, he discovered (on pulling back the protective film covering it's surface) a substantial crack in the base, which was causing the bath to leak. Naturally, as this meant the bath was unusable, I called the seller straight away, who initially blamed the delivery company, and said if I sent him the bath back, (at my own expense!) he would arrange a claim with the delivery company and in turn, totally refund my money.

Not happy, but resigned to this as a process, I emailed an outline of my purchase history - dates, etc - and pictures of the damage, from which he could see that the bath had been all but installed.

He then said that he could not accept the bath returned for a refund, as it had been installed (attached to the floor, tap holes drilled) and said my bathroom fitter should have spotted this. I trust my fitter, and know he has not caused the damage - and what's more I know there is no way he could have spotted the crack before pulling back the film (which he naturally had kept on to protect the bath's surface while he was working) and the crack was not visible from the underside of the bath.

Previous to this, the seller had tried to tell me that by signing the delivery note, I had 'checked' the bath, so couldn't accept a return. (which I know is nonense...)

The seller has stopped replying to my emails, as I have basically refused to accept his excuses...he seems to just be trying to get me to give up and go away! I know I have a case, but don't know if there is some kind of arbitrary body I can approach, (he doesn't seem to be part of any quality scheme) or if it's Trading Standards I need to approach?

Am concerned about incurring any additional costs in pursuing this - is there a way I can create a case against him without the fees involved in small claims? Any help would be much appreciated...

x x x

Art_2

rm82 wrote: »

Hi all,

Hope someone here can give me some advice...

I recently purchased a bath over the phone from a retailer. When my bathroom fitter was in the final stages of installing it, and was checking the waste was properly fitted, he discovered (on pulling back the protective film covering it's surface) a substantial crack in the base, which was causing the bath to leak. Naturally, as this meant the bath was unusable, I called the seller straight away, who initially blamed the delivery company, and said if I sent him the bath back, (at my own expense!) he would arrange a claim with the delivery company and in turn, totally refund my money.

Not happy, but resigned to this as a process, I emailed an outline of my purchase history - dates, etc - and pictures of the damage, from which he could see that the bath had been all but installed.

He then said that he could not accept the bath returned for a refund, as it had been installed (attached to the floor, tap holes drilled) and said my bathroom fitter should have spotted this. I trust my fitter, and know he has not caused the damage - and what's more I know there is no way he could have spotted the crack before pulling back the film (which he naturally had kept on to protect the bath's surface while he was working) and the crack was not visible from the underside of the bath.

Previous to this, the seller had tried to tell me that by signing the delivery note, I had 'checked' the bath, so couldn't accept a return. (which I know is nonense...)

The seller has stopped replying to my emails, as I have basically refused to accept his excuses...he seems to just be trying to get me to give up and go away! I know I have a case, but don't know if there is some kind of arbitrary body I can approach, (he doesn't seem to be part of any quality scheme) or if it's Trading Standards I need to approach?

Am concerned about incurring any additional costs in pursuing this - is there a way I can create a case against him without the fees involved in small claims? Any help would be much appreciated...

x x x

How much did the bath cost you?

regards,
Art.

Art_2

shree13 wrote: »

I bought a fridge/freezer from dixons which was delivered 28jan08. I stocked it all up and within 2 weeks it started to leak. Dixons says they will replace providing i empty, defrost and clean it before they deliver a new one and take faulty one away. they say i can claim compensation for things in freezer if i provide receipts. I haven't kept receipts and now they say they wont give me any compensation. please help and tell me where i stand with this. thanks.
p.s i do apologise if this thread is not done in the right way - its my first. x

Write to Dixons. Tell them you cannot provide receipts but send a list of all the contents and the prices. Tell them that in the absence of receipts you expect them to go by your list. Send a copy of your letter, recorded delivery, to their head office.

Regards,
Art.