Consumer Rights: MoneySavingExpert.com discussion

4743hudsonj

Tozer wrote: »

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).

True, i looked at my old law notes etc and found there description, and because i have managed to get some use out of the laptop it seems to be "fit for purpose" as it works as a laptop for a while at least, but because of the consistent faults it would be deemed an unsatisfactory quality. Im about to give them a phone call now to get the head office adress and find out whoi have to address this too to get most impact, just hope i get someone willing to help!


thanks alot guys.

4743hudsonj

I just called, i was bounced back and forth 7 times between customer support and product plan agreement support!

i got so frustrated, all they could go on about is how i can only get a replacement if they dont repair it after 21 days as stated in the product plans t's and c's, when i clearly and rather politely told them it had no relevance to that in stead it was soga i was referring to, in the end i had to get out the act itself and read it out section by section to the poor woman and point out my rights, she was shocked and said she had no idea, she told me how they are told to refuse this kind of thing and pint the blame to the manufacturer. She kindly gave me the address which she wasnt supposed to give out but also told me that i ma have to pay money to pay for a private engineer to produce a report proving the fault. I just hope the current engineer reports are enough!

These companies today, no respect. they should make very clear legislation forcing companies to stick to the rules of soga without having to be threatened.

4743hudsonj

To Whom It May Concern,
Customer Contact Centre,
PO Box 1687,
Sheffield,
S2 5YB

Dear Sir/Madam,

I Am Writing to you to make a formal complaint about a HP Pavilion DV9572ea notebook that i purchased from a Currys Digital store in _______ on 28/01/2008. Since The date of purchase this product has had to be sent of for repair four times, three of those times regarding faults with the LCD display and the fourth regarding the power supply. I find the quality or this product highly unsatisfactory as there is an inherent fault with the laptop that repairs are unable to fix on a long term basis as highlighted by the recurring nature of the problems.

In The Sale Of Goods Act 1979, it states in Section 14 (2); "Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.". I feel that this product does not meet this standard of satisfactory quality as a laptop would be expected to be of a higher quality than i am currently receiving. This is also further reinforced in Section 14 (2A) and (2B)(e) where it states; "For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances." and "For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods— (e) durability" respectively. After Paying the exact sum of £880 after interest and credit agreement deposits, i feel that a laptop of this value should not require 4 repairs in the period of 15 months, so it cannot possibly meet the standard of satisfactory quality that a reasonable person would come to expect for the price of the product.

For this reason i am requesting that i receive a replacement product on a like for like basis in terms of the laptops specifications and features to a reasonable extent, as repairs are clearly unable to solve the issue with a reasonable result. I have enclosed with this letter photocopy's of; 2 of the engineers reports that i received when the product was repaired, the original sales receipt, the credit agreement receipt and my extended cover plan confirmation letter. The reason for only sending 2 of the engineers reports is as follows. Firstly, when repaired for the first time, the product was sent to HP themselves and not a DGS Ltd repair centre as i was told that your company did not handle these issues and so a report was not received, and secondly, because the fourth repair required is still in progress and i have not yet received the laptop back and so cannot provide an engineers report as of yet. If required, i can send this report once received.

I hope that this matter can be resolved as i have found most aspects of you customer care very helpful with my issues. I look forward to hearing a reply, in writing, by email or by telephone. If i do not hear back withing a reasonable time frame or if i am dissatisfied with your response and method of dealing with this issue then i am prepared to begin small claims court proceedings to resolve the matter in hand.

Yours Faithfully





There we go! Fairly good i think. Tell me what you think. Theres bits missing so i dont give details about myself on the net.

regards josh

Art_2

Yes, that letter should do the trick except I would be more definite in specifying a time scale you expect the matter to be resolved in. Give them 10 days. If you leave it open to a 'reasonable' period then they could argue a month is reasonable.

Regards,
Art.

4743hudsonj

Yep i will do, when should i say the 10 days from? from when i send or when they receive?

Art_2

4743hudsonj wrote: »

Yep i will do, when should i say the 10 days from? from when i send or when they receive?

From the date of your letter. If you find they are being helpful you can always give them an extra day or two.

Regards,
Art.

4743hudsonj

cool, ok i said 14 days and ill post it tomorow.

thanks so much for all your advice, ill let you know how it goes.

ps, how much does it cost to go to small claims court?

Art_2

4743hudsonj wrote: »

cool, ok i said 14 days and ill post it tomorow.

thanks so much for all your advice, ill let you know how it goes.

ps, how much does it cost to go to small claims court?

I'm currently on a remote Florida beach and don't have my files with me. However, have a look here and I think this will answer your question. Remember if you win you get your costs back together with any other expenses you have claimed.

http://www.grumbletext.co.uk/page.php?pn=gtclaims

Regards,
Art.

4743hudsonj

Oh, I went not to long ago, brilliant isnt it. And thanks alot, tha sites a big help!

regards josh.

Tozer

About £45. Plus £50 hearing fee if (unlikely) they do not settle before.

By the way, if you paid by credit card, try a section 75 claim against them as well. And if you do issue, name your credit card company as a joint defendant pursuant to s. 75 Consumer Credit Act 1974.