3 Month old Laptop Faulty

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

Bowling_4_Gold

I think there is legislation (SOGA) saying 'Goods must be of reputable quality and functionality for a decent amount of time' or something along those lines.

I recommend you phone up Consumer Direct who will be able to give you full quotations from various acts and laws for free and then you can baffle BigPockets with a load of legal jargon and see what they have to say...

4743hudsonj

Bowling_4_Gold wrote: »

I think there is legislation (SOGA) saying 'Goods must be of reputable quality and functionality for a decent amount of time' or something along those lines.

I recommend you phone up Consumer Direct who will be able to give you full quotations from various acts and laws for free and then you can baffle BigPockets with a load of legal jargon and see what they have to say...

haha your nearly there

yes

basically warranties are an extension to your statutory rights

these rights in your case stem from the sales of goods act or SOGA
specifically section 14 of the sale of goods act


this law has an implied term that ANY goods bought must be of a satisfactory quality, as described and fit for purpose

only the of satisfactory quality part applies for you

this satisfactory quality effectively gives you 6 years (5 in Scotland) of protection that allow you to seek repairs replacements and refunds from faults in a product

however this 6 years is far from set in stone, its is shortened according to the price paid for the product and where it was bought from and any usage.

In your case, i would say a reasonable person (and a judge at that) would most definatly see a laptop lasting more than 3 and a half months.

this being the case, you most certainly do have the right to a repair at first. if this is unavailable then a suitable replacement.

Now... your course of action from here is to contact the company (retailer) either by email or recorded delivery stating your case, all of the above (ie s14 of soga, satisfactory quality, how it applies to your case), you then need to state what you want doing, in your case a suitable repair to the laptop or a replacement if this is not possible (btw you do not have the choice so a repair is the primary method of resolution at first), then you must allocate them 14 days to reply suitably to you resolving the issue.

state that if they do not reply within the time or do not resolve the issue then you will contact trading standards and begin small claims proceedings and will be issuing them with court action.

now this may seem scary but small claims court is very simple, very affordable(no lawyers) and all the cost are recoverable from them if you win which you would.

tbh i think they will scare into resolving it.

regards josh

magic1965

Thks for the advise Josh, very helpful.
Do you know if there is a draft letter to cover what i would need to put in the letter but in the correct wording etc on this site or the web.
Many thanks
Mark

magic1965

Before i email this letter off could someone please let me know if this is suitable and in the correct wording etc.
Many thanks
Mark


Dear Sir,

Sale of Goods Act 1979 (as amended)

I purchased a IBM ThinkPad T43 Laptop from your online store on 15th Feb 2009 order number H840515.

The Laptop has now ceased to work 3mhs and 12days after I bought it.

I have emailed you asking you to carry out repairs or replacement of said laptop for which you have refused to do.

The Sale of Goods Act 1979 (as amended) states in section 14 paragraph 2B:

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—

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.

I am claiming with respect to (e) Durability.

The item as sold to me has not proved durable. I have two other laptops in my household, one is almost 6years old and the other is about 2years old.

I would expect a Laptop of this value to last at least a similar amount of time.

The action I would like you to take is simply to repair the Laptop to its former working self at no charge to myself or a complete replacement.

In the event that the Laptop cannot be repaired, I would expect a suitable replacement, taking into account the price and features of the Laptop.

I await your reply within the next 14days if you do not reply within the time or do not resolve the issue then I will be contacting trading standards and will begin small claims proceedings and will be issuing you with court action.

All further costs will be recovered from yourselves.


Yours faithfully[FONT=&quot][/FONT]

4743hudsonj

magic1965 wrote: »

Before i email this letter off could someone please let me know if this is suitable and in the correct wording etc.
Many thanks
Mark


Dear Sir,

Sale of Goods Act 1979 (as amended)

I purchased a IBM ThinkPad T43 Laptop from your online store on 15th Feb 2009 order number H840515.

The Laptop has now ceased to work 3mhs and 12days after I bought it.

I have emailed you asking you to carry out repairs or replacement of said laptop for which you have refused to do.

The Sale of Goods Act 1979 (as amended) states in section 14 paragraph 2B:

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—

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.

I am claiming with respect to (e) Durability.

The item as sold to me has not proved durable. I have two other laptops in my household, one is almost 6years old and the other is about 2years old.

I would expect a Laptop of this value to last at least a similar amount of time.

The action I would like you to take is simply to repair the Laptop to its former working self at no charge to myself or a complete replacement.

In the event that the Laptop cannot be repaired, I would expect a suitable replacement, taking into account the price and features of the Laptop.

I await your reply within the next 14days if you do not reply within the time or do not resolve the issue then I will be contacting trading standards and will begin small claims proceedings and will be issuing you with court action.

All further costs will be recovered from yourselves.


Yours faithfully[FONT=&quot][/FONT]

thats an almost perfect draft:)

minor changes:

where you said i would expect a laptop of this to last atleast this long

i would change that, i wouldnt expect a laptop of that value to last 2 yrs let alone 6, change it to atleast 12 months instead


also where you say about a replacement taking into account value and specs, take out the value part as any replacement will be spec and brand reputation based.

4743hudsonj

Dear Sir,

Sale of Goods Act 1979 (as amended)

I purchased a IBM ThinkPad T43 Laptop from your online store on 15th Feb 2009 order number H840515.

The Laptop has now ceased to work 3mhs and 12days after I bought it.

I have emailed you asking you to carry out repairs or replacement of said laptop for which you have refused to do.

The Sale of Goods Act 1979 (as amended) states in section 14 paragraph 2B:

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—

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.

I am claiming with respect to (e) Durability.

The item as sold to me has not proved durable. I have two other laptops in my household, one is almost 6years old and the other is about 2 years old.

I would expect a Laptop of this value to last at least 12 months, if not more.

The action I would like you to take is simply to repair the Laptop to its former working self at no charge to myself or a complete replacement if this is not possible.

In the event that the Laptop cannot be repaired, I would expect a suitable replacement, taking into account the full features of the Laptop and the reputability of the brand.

I await your reply within the next 14 days, if you do not reply within the time or do not resolve the issue then I will be contacting trading standards and will begin small claims proceedings and will be issuing you with court action.

All further costs will be recovered from yourselves.


Yours faithfully






there you go, i did them for you!
umm make sure you include a telephone number and your email where you put your address

so they cant use the we couldnt get through to you or it was lost in the post excuse, they can always email you.

glad i helped

£$&*"($£&(

I've never seen mhs used as an abbreviation for months. Be specific and use the full word so they have no excuse for not understanding on purpose.

magic1965

Many thanks to all that helped, I will keep you posted on the outcome,
Rgds
Mark

magic1965

That did the trick they have given me a Returns Ticket.

One last qeustion though, they have said I`m laible for the cost in return the laptop can I ask for them to arrange the pick up at there cost?

Rgds
Mark