Who is in the right?

johnf23

closed wrote: »

Sounds like a software problem, backup your data, and restore to factory settings.

Lol nope, that was the first thing i done. Its also the first thing that Acer said to me to do. I did that and it still did the same thing.

It was sent to Acer and Acer ALSO restored it to factory settings. Telling me that it will slow down due to the processor.

After i got it back, it still done the same thing, so i KNEW there was a fault

So it's definately not software related, it can happen before i even install one single program on it

johnf23

Esqui wrote: »

I would imagine that the fix Acer would do would stop that. If not, there's another problem...but let's not start worrying about what probably won't happen.

Completely understand here, but I'm not sure they'll give compensation for what 'might' have happened.

To be quite frank, I'm surprised that they didn't exchange it after 8 days - though looking on their website, I can't see anything that says they will exchange faulty goods within x days. Under the law, their decision to send to repair is just about sound. Under common sense, it's much more shaky. Under customer service, it's ludicrous....I'd have tested it for a bit in store and exchanged it if it was faulty (OK, I'd have had to..but still)

Comet said they did test it in store, but even then one customer advisor said it crashed (as i stated), and the other one denied it, so it got sent to Acer.
But surely if i said i NEEDED the laptop, i must be due something, i even suggested as a good will gesture i could be granted a refund or even an upgrade to a different laptop?!? Still nothing. I might have had to buy another laptop from elsewhere because of inability to use it for all they know. As stated it has never been fit for purpose since date of purchase, and only NOW after 2 months, Acer are admitting its faulty and want to repair it. Just think, if they didn't spot the fault... i would have spent £500 for nothing and couldn't do anything about it.

johnf23

closed wrote: »

You said the cpu is sticking at 100%, so a program will be hogging the processor. Could be software, drivers, windows updates. If it was a complete hang, you wouldn't be able to get into task manager.

Yes a program was hogging the CPU, i do have good computer knowledge...
And infact it was Task manager and Desktop window manager which took up most CPU usage?!?!
After waiting around 10 minutes for Task Manager to actually load up, thats when i realised CPU Usage stuck to 100%

Visually the mouse was moving and then sticking, when i moved the mouse in a circular motion when using the trackpad

Everything loaded up very very VERY slowly, and even then didnt respond, another baffling thing was that sound from the speakers came out crackling and bit by bit

Mankysteve

I suspect that what is happening is that your laptop is over heating the CPU is throttle back to save its self. Hence simple tasks are using all the available CPU stopped to do this I've had this problem before when my fan got clogged up with fluff and dust yours shouldn't be clogged but i would reckon it may be an over heating problem. Try Motherboard monitor 5 I've used that in the past but there are other that will tell you if your CPU is over heating.

While comet may be wrong in telling you to deal with Acer they are within there right to demand its checked before they repair/replace/refund.

johnf23

Mankysteve wrote: »

I suspect that what is happening is that your laptop is over heating the CPU is throttle back to save its self. Hence simple tasks are using all the available CPU stopped to do this I've had this problem before when my fan got clogged up with fluff and dust yours shouldn't be clogged but i would reckon it may be an over heating problem. Try Motherboard monitor 5 I've used that in the past but there are other that will tell you if your CPU is over heating.

While comet may be wrong in telling you to deal with Acer they are within there right to demand its checked before they repair/replace/refund.

Hi thanks for replying. I don't blame Comet for asking for it to be checked over, my main problems are:
1. Comet says ACER need to grant the refund/replacement
2. Acer says Comet are the ones i should deal with
3. I stated there was a fault, and even if Acer FINALLY agree there was a fault, they probably won't do much else after that other than repair

stevenhp1987

Surely, its a SOGA thing? Acer have NOUT to do with your contract (of sale) between yourself and Comet. If Comet demand you see Acer about it then they are in the wrong, and you should demand to speak to the area manager (as it seems the manager of your local store does not know the law!).

Do not back down. Demand an immediate refund considering previous repairs have not been commited?!

Do not take the "Go to Acer" stance as it is Comet attempting to get you to give up, thus, granting them the sale!

johnf23

stevenhp1987 wrote: »

Surely, its a SOGA thing? Acer have NOUT to do with your contract (of sale) between yourself and Comet. If Comet demand you see Acer about it then they are in the wrong, and you should demand to speak to the area manager (as it seems the manager of your local store does not know the law!).

Do not back down. Demand an immediate refund considering previous repairs have not been commited?!

Do not take the "Go to Acer" stance as it is Comet attempting to get you to give up, thus, granting them the sale!

Hi steven thanks for replying, this is exactly what i've been looking for! I knew that SOGA was being breeched! I also felt that the manager was talking down to me and treating me like a kid (considering im 18) so obviously just expecting me to do as im told and back down. I hope i do come across this manager again and i will be raising a very big question against why she told me this, which could be called a lie. As its been deemed faulty (well, AFTER Acer told me it was working fine) as well then surely i have a good case.

scullster

I've sympathy with your position, the situation isn't clear cut and computers can be notoriously difficult, there are so many variables, but as already stated, accept the recall and take it from there.

I'd also give up dealing with the store, resort to letter writing by recorded delivery to customer service just so that you've an auditable trail in the event the recall doesn't work. You know about computers so you will quickly establish whether it worked or not.

Your contract is with Comet. According to BERR, Comet have the right to choose the course of action. If however, you wished to stick to your guns, you could pursue Comet (or your credit card if you bought it with one) legally as it could be argued that the fault has not been corrected in an reasonable time (SOGA) provided that you've not been sat arguing with them for 6 wks. Its up to them to prove the fault is down to wear and tear, not you (SOGA). Write and remind them of their obligations under SOGA, and that if they don't respond positively, you will seek an independent engineers view and you will pursue them through the courts for the full purchase price, and the engineers report. I doubt you will get damages so dont bother. Give them a couple of weeks to respond, and then consider buying a replacement laptop and then proceed to court

KeithP

You really need to put something in writing.

Its all very well talking to people in store, but clearly you are getting nowhere.

Time to put pen to paper.

Write to Comet, store or HO, recorded delivery. Explain the problem. Tell them what you expect them to do about it. Give them say 14 days to respond. Tell them what will happen after 14 days. I.e. you will start legal procedings.

This letter is known as a letter before action. Google it for many sample letters.

Kilty_2

I returned a 3810T to Amazon last week (Acer didn't even contact me when they said they would) for this issue rejecting it under the SOGA. Saying that, I had them over a barrel with the Distance Selling Regulations and only mentioned SOGA to ensure I didn't need to pay return postage to them (as I would've under DSR)

I'm so pleased Comet had already withdrawn them from sale because I went there first :eek:

Sorry, doesn't help you, but they're definitely in the wrong.