Consumer Rights: MoneySavingExpert.com discussion

Art_2

DrScotsman wrote: »

Sent a letter to Alliance and Leicester 2nd class recorded. Didn't track, so sent Royal Mail a claim form. They have now sent me a letter saying it's lost and have enclosed a book of six 1st class stamps. As I thought they would.

Well it does exceed the 99p I paid, but assuming posting falls under the Sale of Goods Act, this really wouldn't come under being a repair/exchange/refund, would it? And it is slightly annoying; I'm not sure I use 1st class that much, mostly 2nd class, 2nd class recorded or Special Delivery. So unless they take stamps as currency I'm not sure I'd get much out of this.

It's probably not worth pursuing 99p, but what do you guys think?

Forget it. Life's too short to worry about trivia.

Regards,
Art.

Art_2

4743hudsonj wrote: »

hi all
im brand new to this site, although i have used it as reference before.

I am wondering if anybody knows enough about the "fit for purpose" part of SOGA to help me. In february last year i brought my laptop for £880 which was a knock down price due to it being a discontinued product. During the warrenty period of 1 year it broke down 3 times, twice regarding the display which required it to go off for repairs for 2-3 weeks at a time which is a major inconvenience for me, not to mension having to backup data which is not only costly but also tedious to re install.

After the years warrety had run out, i felt compelled to take out a further cover plan to avoid costly repairs that in the past were up to £1000 at a time whilst in warranty (luckily i didnt have to pay:P). Then, last week, guess what, there is another fault with the screen, not as serious but a fault none the less. Again i sent it off for repair but i am beginning to get really frustrated with this!

I know all about the 6 years period, consumer proving faultiness etc so i dont want a lecture on that but what i do want to know is what i can do about this, can i take this to currys where i brought the product and request the product to be replaced for another with same or better specs due to it being blatantly faulty, ie does this count as not fit for purpose after only 14 months of ownership???? If not where do i stand or do i just have to endure this?

Also i assume that the engineer reports from the repairs is enough for me to prove the laptops fault?


thankyou in advance for any replies

Send a recorded delivery letter to the store and a copy to their head office. Give them all the facts and send copies of any engineer's reports you have. Tell them the laptop is not fit for purpose and you want a replacement. Point out if they don't agree within 10 days you will go to the Small Claims Court.

If you paid with a credit card then your card company is also liable. Send them a copy of your letter and ask them to assist in resolving the matter.

Regards,
Art.

4743hudsonj

Art wrote: »

Send a recorded delivery letter to the store and a copy to their head office. Give them all the facts and send copies of any engineer's reports you have. Tell them the laptop is not fit for purpose and you want a replacement. Point out if they don't agree within 10 days you will go to the Small Claims Court.

If you paid with a credit card then your card company is also liable. Send them a copy of your letter and ask them to assist in resolving the matter.

Regards,
Art.

Thanks alot ART. one minor issue though, i bought the laptop from a currys digital which is now closed, but there is a normal currys in town so shoul i send a lettter there instead?

Also i assume from your reply that you do think i have a claim for not fit for purpose and that if it did go to small claims court i would have a good chance of winning?

Thanks once again, i know this area of the law is very circumstantial so im just glad some people out there know about this

Tozer

4743hudsonj wrote: »

Thanks alot ART. one minor issue though, i bought the laptop from a currys digital which is now closed, but there is a normal currys in town so shoul i send a lettter there instead?

Also i assume from your reply that you do think i have a claim for not fit for purpose and that if it did go to small claims court i would have a good chance of winning?

Thanks once again, i know this area of the law is very circumstantial so im just glad some people out there know about this

Do not simply say that the item is not fit for purpose. It is not of satisfactory quality which is a much tougher test.

Having sued DSG (owners of Currys) several times, they will settle as soon as you issue proceedings.

Art_2

4743hudsonj wrote: »

Thanks alot ART. one minor issue though, i bought the laptop from a currys digital which is now closed, but there is a normal currys in town so shoul i send a lettter there instead?

Also i assume from your reply that you do think i have a claim for not fit for purpose and that if it did go to small claims court i would have a good chance of winning?

Thanks once again, i know this area of the law is very circumstantial so im just glad some people out there know about this

If the branch you have been dealing with is still there write to them. If not just write to the head office.

Yes, you do have a case. Chances are Currys won't let this get to court but will keep you hanging on until the last minute before settling. They may even do this on the day of a court hearing but don't be put off. Stick with it.

Regards,
Art.

4743hudsonj

Tozer wrote: »

Do not simply say that the item is not fit for purpose. It is not of satisfactory quality which is a much tougher test.

Having sued DSG (owners of Currys) several times, they will settle as soon as you issue proceedings.

OK. Ill do that, Also sorry to go on but you both obviously know alot about this but what are my rights when they agree to a replacement , is it based on purchase value (ihope not as like isaid, mine was a knock down price so very high specs for money), or is it based on equal or better specs?

This is important as i spent more than i originally set out to get the features which i use (bluetooth, finger scanner, hdmi, large hard drive) so i would want these features again in a replacement but i can only seem to find combinations of these in 2K laptops (Mine retailed for about this when released) so would they be obligated to meet this or is there some loop hole about within reason.

REGARDS JOSH

Art_2

Tozer wrote: »

Do not simply say that the item is not fit for purpose. It is not of satisfactory quality which is a much tougher test.

Having sued DSG (owners of Currys) several times, they will settle as soon as you issue proceedings.

On a point of pure law there is no difference, in fact the two terms are often mixed up. Fortunately the Small Claims procedure is very informal and conducted by a County Court registrar who will help you frame your claim to the court.

Regards,
Art.

Art_2

4743hudsonj wrote: »

OK. Ill do that, Also sorry to go on but you obviously know alot about this but what are my rights when they agree to a replacement , is it based on purchase value (ihope not as like isaid, mine was a knock down price so very high specs for money), or is it based on equal or better specs?

This is important as i spent more than i originally set out to get the features which i use (bluetooth, finger scanner, hdmi, large hard drive) so i would want these features again in a replacement but i can only seem to find combinations of these in 2K laptops (Mine retailed for about this when released) so would they be obligated to meet this or is there some loop hole about within reason.

REGARDS JOSH

If they agree a replacement it is on a like-for-like basis. They may try to deduct an amount for the time you have had use of the laptop but resist this on the grounds that you have had trouble with it from an early stage. A little more tricky is if they offer you a full refund. A court may decide this is fair. This is why I advise you to stick in there and don't allow them to push you around. You have nothing to lose.

Regards,
Art.

4743hudsonj

Art wrote: »

If they agree a replacement it is on a like-for-like basis. They may try to deduct an amount for the time you have had use of the laptop but resist this on the grounds that you have had trouble with it from an early stage. A little more tricky is if they offer you a full refund. A court may decide this is fair. This is why I advise you to stick in there and don't allow them to push you around. You have nothing to lose.

Regards,
Art.

ok, ishall stick in there, now i kno where i stand so i know what i can reasonably expect. i shall post on any progress and any other questions. thanks so much ART, without your advice thi could have gone on forever!

also apologies for the awfull writing, being forced to use a ps3 makes net browsing and typing alot harder

Tozer

Art wrote: »

On a point of pure law there is no difference, in fact the two terms are often mixed up. Fortunately the Small Claims procedure is very informal and conducted by a County Court registrar who will help you frame your claim to the court.

Regards,
Art.

Actually quite different. S.14(2) - satisfactory quality. S.14(4) - fitness for purpose.

Quality is much more important concept.

Take a car, it can be fit for purpose (e.g. it works as a car) but is not of satisfactory quality (e.g. covered in dents from new).