Consumer Rights: MoneySavingExpert.com discussion

kurjam

Art wrote: »

You should take them to the SCC. Claim for the full value of the original machine plus any out of pocket expenses you have incurred such as postage, phone calls, use of laundrettes etc.

regards,
Art.

how do i go about starting a small claims court proceeding, does it cost me money ??
also they have ordered more parts should i refuse to let them try and mend it again

magic1965

Hi

I bought a Refurb / Used Laptop from Bigpocket.co.uk for £195 on the 15th Feb 09 and it has stop working today 12 days after the 3mh warranty given by Bigpockets.

I have contacted them today but they are stating that because it is out of the warranty they cannot help me.

Where do i stand legally and is there anything i can do to force them to replace or repair the laptop as i expected it work longer then 3mhs.

Thanks for any help.

Mark

Tozer

kurjam wrote: »

how do i go about starting a small claims court proceeding, does it cost me money ??
also they have ordered more parts should i refuse to let them try and mend it again

Yes it generally costs money - unless you are on benefits and stuff.

If you go the Small Claims route you are then selecting a monetary claim rather than permitting them to repair. You need to make a selection and keep to it.

shaggy

4743hudsonj wrote: »

Now as i said before if this doesnt work you can rely on the sale of goods act for p to 5 years, you need to email fax or write (NOT PHONE) them stating your case, but under the sale of goods act, it is only up to the company to prove a fualt up to 6 months from the start of the contract, after that it is your responsibility, this means that in order for you to get anywhere you need to prove there is a fault with the laptop by taking it to an IT specialist and getting them to run full diagnostics and provide you written confirmation of their findings.

regards

right... ive been a bit lazy and only just got round to drafting a letter to dell. Can someone please proof read this as I'm not sure if Im quoting the Sales of Goods act correctly. I think thats the only bit that needs amending ... any other comments before I send Dell a letter/and also an email?

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I bought this laptop from Dell in January 2008 with a standard one year warranty. Unfortunately the laptop stopped working in April 2009, just outside the warranty period. After calling your technical support line and running through diagnostics it was established that the graphics card was most likely to be faulty, and as the card is built into the motherboard, a new motherboard will have to be fitted to the laptop.

As the laptop is outside its warranty period I was quoted a cost of £280 to replace the motherboard. I find this cost to be unacceptable because Section 14 of the Sales of Goods Act states that the laptop is not of satisfactory quality, and the laptop is not expected to malfunction after such a short time of using it. I would therefore like to request that you inspect the laptop as the malfunction has been caused by faulty parts, not by general wear and tear.

I would be very grateful if you could examine the laptop and provide a replacement or repair as you are required to do so under the Sales of Goods Act.

I look forward to hearing from you soon.

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stuiedo

shaggy wrote: »

After calling your technical support line and running through diagnostics it was established that the graphics card was most likely to be faulty, and as the card is built into the motherboard, a new motherboard will have to be fitted to the laptop.

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I had the same problem where the screen kept scrambling. Called their helpdesk and they said it was the graphics card and would send someone out to fix. even though I was 2 months out of my warranty, as it was a fault with the graphics card that they were aware of.

Might be worth calling again arguing this case?

If it helps i have a XPS laptop.

rubix_76

I have seen this article and wondered if it was legit ?

http://www.dailymail.co.uk/news/article-1187190/EU-law-gives-consumers-year-guarantee-goods-kept-secret-retailers.html

shaggy

stuiedo wrote: »

I had the same problem where the screen kept scrambling. Called their helpdesk and they said it was the graphics card and would send someone out to fix. even though I was 2 months out of my warranty, as it was a fault with the graphics card that they were aware of.

Might be worth calling again arguing this case?

If it helps i have a XPS laptop.

so, they fixed your laptop 2 months out of warranty without any arguments?

VoucherMan

rubix_76 wrote: »

I have seen this article and wondered if it was legit ?

http://www.dailymail.co.uk/news/article-1187190/EU-law-gives-consumers-year-guarantee-goods-kept-secret-retailers.html

Already mentioned-

http://forums.moneysavingexpert.com/showpost.html?p=21904475&postcount=2296

...several times going by Tozer's comment

stuiedo

shaggy wrote: »

so, they fixed your laptop 2 months out of warranty without any arguments?

Yep. I didnt even need to argue. They said i was just out of warranty but as it was a defect they were aware of they would fix FOC

shaggy

stuiedo wrote: »

Yep. I didnt even need to argue. They said i was just out of warranty but as it was a defect they were aware of they would fix FOC

an update to this problem: I thought I'd call Dell today before firing off an email and letter. After a lot of department hopping was called back by a manager in the customer services team . I mentioned the Sale of Goods Act and the offer immediately changed from £250 (ish) to repair the laptop, to pay us for £99 (1 year) or £109 (2 year) warranty and we'll fix it under warranty. I said to him keep a note on my file as I need to think about it.

I still expect the repair to be free, but i didnt really have enough knowledge of the Sales of Goods Act to argue with him. The manager was based in India but seemed to know about the Act, enough to render me speechless anywy .

So, what should I do, should I take Dell's offer, or argue to get the laptop repaired for free? As I said I dont really have enough legal knowledge for any further arguments, so any pointers would be gratefully received