Consumer Rights: MoneySavingExpert.com discussion

KeithP

Freepost wrote: »

Thank you for your comments, but what about the damage that Misco have inflicted on the Laptop?

£450 doesn't allow me to repair the original fault let alone the additional damage. My original requirement was for Misco to either repair, replace or refund. I'm quite happy for them to repair it or give the money for the repair but with the additional damage caused by their technical support it would probably not be cost effective now. But why should I have to suffer the loss because that is what it boils down to. If I accept a partial refund then I will have to heavily subside a replacement ... this just doesn't seem right.

I agree with your point, I perhaps shouldn't refuse their proposal but rather counter their proposal with one of my own, but doesn't this end in a endless loop of proposal and counter proposal? I still want them to either repair the original fault, replace the product or refund me the full amount for the laptop. Take note, their incompetent technical support made this problem worse.

F.

They will never offer you the full amount. That isn't reasonable. You have had over a year's use of the thing after all.

Art_2

SAL-GAL53 wrote: »

I wonder if someone can help me. I took out a sky repair plan in September 2009 and it had to be paid quarterly at £15.99. When the paperwork came I put it away somewhere and now cannot find it. In January we were billed that amount and we didn't know what it was for until I remembered it was they sky repair place! Anyway, another company has offered me a better deal and the option to pay monthly which will suit us better. So I rang the 1st company to cancel (as it was paid by debit card the bank would not cancel it for me) and they told me I cannot cancel! They said I've signed up for a 12 month contract. Seeing that I originally did it all over the phone I don't see how I 'signed' for it and wondered if what they say is true? I told them I cannot afford to pay £15.99 in one go but they are refusing to back down over this. Can they legally do this?

You need to check to see what you have entered into. If your paperwork states 1 year then you are locked in.

Regards,
Art.

Freepost

KeithP wrote: »

They will never offer you the full amount. That isn't reasonable. You have had over a year's use of the thing after all.

I don't necessarly disagree with your comment but what do you base your advice on? And what would you think if I told you that the original fault was easily repairable, simple replacement of a fuse, but in their investigation they drop my laptop and brake the top cover and screen. It's now a right off and they are offering me £328 against an original purchase price of £600+. The laptop was an HP 6830s 17inch screen lots of bells and whistles. In this crazy world of high tech equipment where prices are constantly falling you might be surprised to learn that the replacement model now costs more than £700.00.

Also considering that they substantially damaged my laptop beyond the original fault shouldn't they pay the full replacement cost? What would happen if you dropped your laptop, would the insurance company only offer you half the value?

F.

Art_2

An insurance company would certainly not offer you the full value of the laptop if it was damaged. They would deduct an amount for usage that you have already had from it.

What prove do you have that Misco damaged the laptop?

Regards,
Art.

Freepost

Art wrote: »

An insurance company would certainly not offer you the full value of the laptop if it was damaged. They would deduct an amount for usage that you have already had from it.

Surely Public Liability insurance would not look at the age of the item simply the replacement cost. Most certainly, had I dropped my laptop, say running for the bus, my insurance company would either repair or replace. They wouldn't start to argue about the use that I've had. The insurance is old for new.

Art wrote: »

What prove do you have that Misco damaged the laptop?

Your questions always seem argumentative, in this instance its as if your pointing a finger at me and saying "Prove it - Go on prove Misco damaged the laptop" ... very strange, you don't work for them do you?

What prove do I have? Well Misco arranged for a courier to collect the Laptop. The laptop was packed in its original box and packaging, it did not have a crack in it. The laptop was returned from Misco, by courier in the same box but not packaged correctly and the top cover is cracked. I don't beleive that the laptop went anywhere else and even if it did that is surely Misco responsibility.

F.

OlliesDad

Freepost wrote: »

Your questions always seem argumentative, in this instance its as if your pointing a finger at me and saying "Prove it - Go on prove Misco damaged the laptop" ... very strange, you don't work for them do you? .

If Misco deny it, this is what the judge would be asking you to do, so it is a valid question.

Freepost wrote: »

What prove do I have? Well Misco arranged for a courier to collect the Laptop. The laptop was packed in its original box and packaging, it did not have a crack in it. The laptop was returned from Misco, by courier in the same box but not packaged correctly and the top cover is cracked. I don't beleive that the laptop went anywhere else and even if it did that is surely Misco responsibility.

F.

Have you reported the damage to Misco, if so what did they say?

The longer you leave it, the less likely they to accept that it was the couriers fault.

Art_2

Not argumentative at all. Simply looking at it would be if it ended in court. Have you put it to Misco that they damaged the laptop and what did they say?

Regards,
Art.

Freepost

OlliesDad wrote: »

If Misco deny it, this is what the judge would be asking you to do, so it is a valid question.

Misco haven't denied it. They also haven't admitted it either.

OlliesDad wrote: »

Have you reported the damage to Misco, if so what did they say?

The longer you leave it, the less likely they to accept that it was the couriers fault.

I reported it to Misco immediately by email

The Laptop was received yesterday afternoon and whereas I am very disappointed that you have not repaired the Laptop. I am more concerned at this point in the condition that you have returned the Laptop to me.

In the first instance the Laptop was not packaged correctly. It was not wrapped in the antistatic bag nor was the screen protector in place, both were just crumpled in the bottom of the box. But more than this and very alarming is the fact that you have returned the Laptop to me in a broken condition, the top cover is cracked. The crack, about 1 inch above the HP logo, is approximately 1.5 inches long. Whether this will have any effect on the screen, and I stress again that you have returned the Laptop without the screen protector in place, will not be apparent until the original fault is repaired.

Please be fully aware that I hold Misco responsible for this damage. Should you wish me to claim through your insurers then please advise your insurance details alternatively please advise your preferable solution.

With regard to the original fault than I totally refute your reasons for not arranging a repair but since you have gone to the extent of arranging a technical report to counter your responsibilities in regardto the Sale of Goods act, then I shall now arrange for a technical report of my own thereafter I shall contact you again.

The following day they asked for some photographs but by then I had already left the Laptop with a professional IT company to diagnose the fault. Photographs were passed to Misco with the report diagnosing the fault the following week.

Also I don't believe it was the courier that damaged the Laptop, there are no marks on the carton box that would indicate impact with a heavy object.

F.

KeithP

KeithP wrote: »

They will never offer you the full amount. That isn't reasonable. You have had over a year's use of the thing after all.

Freepost wrote: »

I don't necessarly disagree with your comment but what do you base your advice on?

I base my advice on, amongst other things, this DTI document.
Although written for traders, it is a good guide on the subject for consumers too. Well worth a read.
It says on page 4 of this document...

It may be the case that a full refund is not the reasonable option because the consumer will have enjoyed some benefit from the goods before the problem appeared. This needs to be taken into account before a reasonable partial refund can be assessed.

Freepost wrote: »

What would happen if you dropped your laptop, would the insurance company only offer you half the value?

If I dropped my laptop and it was broken beyond repair as a result, then my insurance company would replace my laptop because I have accidental damage cover and new for old cover. But my laptop and my insurance is surely of no concern here.
If I did not have new for old cover, well... you can work it out.

Edited to add: This thread may also be of interest.

Freepost

KeithP wrote: »

It may be the case that a full refund is not the reasonable option because the consumer will have enjoyed some benefit from the goods before the problem appeared. This needs to be taken into account before a reasonable partial refund can be assessed.

I'm not wanting a refund, I want a repair, failing that a replacement, failing that, sure, a refund. Also what is reasonable, they broke my laptop?

Take the problem of a repair. The fault did not occur because of a premature component failure, nor has it occurred due to over usage. It has occurred due to a fault in manufacturing (see Toyota cars). So this should be corrected but the problem has been compounded by their Technical Support, or somebody associated with the Technical Support team, braking the Laptop. Now the cost of repair is more than the cost of a replacement. Should I really accept £328?

KeithP wrote: »

But my laptop and my insurance is surely of no concern here.

You're right it is of no concern here and I didn't mean to give offence if that has occurred. But expanding this, hypothetically, what would happen if, for example you broke somebody else's Laptop. Would you or your insurance company haggle over the age of the persons Laptop that you have just broken? I mean you've just broken a fourteen months old Laptop, it's almost new. Would you offer 50% compensation knowing that that will only go towards 40% of a replacement cost?

KeithP wrote: »

If I did not have new for old cover, well... you can work it out.
Edited to add: This thread may also be of interest.

But I would expect Misco to have full indemnity insurance.

And by the way thanks for the link.

F.