Claim against HFC Bank for Faulty Laptop

LinasPilibaitisisbatman

tbh your taking the mick

1) Usb ports - yes these should be covered by warranty but you will need to show its unreasonable that these are already broke and not due to misuse.

2) Software issues - almost certainly caused by the user

Tbh I reckon you will be laughed out of court and your agenda doesnt seem to have been to solve the issue but instead benefit

sarahg1969

LinasPilibaitisisbatman wrote: »

Tbh I reckon you will be laughed out of court and your agenda doesnt seem to have been to solve the issue but instead benefit

The OP has requested a default judgment because a defence has not been entered. This will be done as a matter of course by the court in a fixed money claim. HFC have had the opportunity to have their say and have declined to do so. I do not see how he will be laughed out of court.

LinasPilibaitisisbatman

and they will then no doubt get it aside and ask for it to be reheard

The op doesnt have any legal backing for his case and will need this as he is in the reverse burden of proof period

Sunita_2

sarahg1969 wrote: »

The OP has requested a default judgment because a defence has not been entered. This will be done as a matter of course by the court in a fixed money claim. HFC have had the opportunity to have their say and have declined to do so. I do not see how he will be laughed out of court.

Thanks a lot for supporting me. I was feeling rather low after reading what comments LinaPili put. I came here to get some advice as I did not know what else to do and instead was being ridiculed. Being accused of looking to benefit than resolving the problems.

sarahg1969

LinasPilibaitisisbatman wrote: »

and they will then no doubt get it aside and ask for it to be reheard

Possibly - if the court agrees to set aside the judgment.

But at this stage, he will get his judgment.

Esqui

I don't know. If I'm right, OP has had two chances to put it in for repair (once with Toshiba, second time with Currys/PCW) and not taken either

Jakg

Sunita wrote: »

What's the point of a Warranty that does not cover software issues and wear and tear.
still confused and don't know what to do.

Software issues are nearly always the end users problems - would you expect to bring the laptop back under warranty because it got a virus? (suprisingly a lot of people do...)

Wear and tear isn't covered because it's not Curry's fault if you drop it...

Sunita_2

Esqui wrote: »

I don't know. If I'm right, OP has had two chances to put it in for repair (once with Toshiba, second time with Currys/PCW) and not taken either

First I was hesitant to have the repairs done but second time on phone someone pointed out to me about what's not covered and that I will have to pay. I also phoned Currys to ask for repairs and was told I will be liable for costs. So before issuing the claim I wrote to Toshiba accepting repairs and wrote to HFC and attach a copy of that letter as well but Toshiba ignored my letter.

In regards to Software issues that is not my faults as it's preinstalled with Windows Vista and I assure you it's not VIRUS infected. I have protection with McAfee and it's set to automatically get updates and a weekly clean up and virus check. I also have Ccleaner. But every three months I kept getting a message that Windows does not recognise McAfee and I have to uninstall it and reinstall it. I got fed up with it. I have got a friend who has got preinstall vista and he never had this problems.

As for one of the USB ports on the right, well I used it to attach my mouse/printer/memory stick etc so of course it's wear and tear but it should not happen in the first 10 months. I am sure everybody do the same thing. As per Supply of Goods (Implied terms) Act 1973 states "that all goods supplied by a trader to a consumer must be of satisfacoty quality, fit for purpose made known and as described. If they are not, you may have rights to claim damages from finance company, i.e the cost of having the faults repaired or for the finance company to arrange repairs and cover the cost".

The Wireless switch does not work so I have hardly used it as I never use wirelessly, always connected with cable. Would you want to pay for extra repairs of £225.00 for a new 10 months laptop that is on hirepurchase until 2012.
I have taken good care of my laptop, I do not eat, drink and never has dropped it.

Sunita_2

Jakg wrote: »

Software issues are nearly always the end users problems - would you expect to bring the laptop back under warranty because it got a virus? (suprisingly a lot of people do...)

Wear and tear isn't covered because it's not Curry's fault if you drop it...

First I was hesitant to have the repairs done but second time on phone someone pointed out to me about what's not covered and that I will have to pay. I also phoned Currys to ask for repairs and was told I will be liable for costs. So before issuing the claim I wrote to Toshiba accepting repairs and wrote to HFC and attach a copy of that letter as well but Toshiba ignored my letter.

In regards to Software issues that is not my faults as it's preinstalled with Windows Vista and I assure you it's not VIRUS infected. I have protection with McAfee and it's set to automatically get updates and a weekly clean up and virus check. I also have Ccleaner. But every three months I kept getting a message that Windows does not recognise McAfee and I have to uninstall it and reinstall it. I got fed up with it. I have got a friend who has got preinstall vista and he never had this problems.

As for one of the USB ports on the right, well I used it to attach my mouse/printer/memory stick etc so of course it's wear and tear but it should not happen in the first 10 months. I am sure everybody do the same thing. As per Supply of Goods (Implied terms) Act 1973 states "that all goods supplied by a trader to a consumer must be of satisfacoty quality, fit for purpose made known and as described. If they are not, you may have rights to claim damages from finance company, i.e the cost of having the faults repaired or for the finance company to arrange repairs and cover the cost".

The Wireless switch does not work so I have hardly used it as I never use wirelessly, always connected with cable. Would you want to pay for extra repairs of £225.00 for a new 10 months laptop that is on hirepurchase until 2012.
I have taken good care of my laptop, I do not eat, drink and never has dropped it.

LinasPilibaitisisbatman

No one has actually told you you need to pay anything though.

You havent given Toshiba the opportunity to meet their warranty requirements. and HFC will just argue you havent met the reverse burden of proof.

You seem determined to create issues before they exist.