Me and my Broken laptop V Evil Tesco

humphriess

Hi,
Sorry guys don't want to appear lazy i have read through the forums re: rights on broken laptops, could still do with a bit of advice if possible please?
My situation
My £389 18 month old HP laptop from Tesco broke down. Wrote to Tesco requesting a repair/replacement (stating Sales of Goods act), they sent me a check for £190 saying they did't need to see the laptop, they got the impression it was irrepairable and offred me the intrinsic value £190.
I don't have the money to buy a new laptop and bring work home during the evenings so desperately need a laptop. £190 won't buy me a new laptop. I took my laptop to a local repair shop, they told me it would cost more than the value of the laptop to fix so it wasn't worth it. I paid £15 for them to put this in writing. I sent a copy of this letter off to Tesco asking them to reconsider. They replied that they felt £190 was a fair offer and were unwilling to reconsider.

Which leaves me in my current situation. After reading the guardian article from May, i know i am entitled to a full replacement within two years. Whether i get money or a laptop i don't care just need a laptop.

Should i 1) try writing to tessco one last time quoting the EU law on this matter
or 2) just take them to a small claims court?
Also if i take them to a small claims court, do i have any chance of winning ? would the fact that Tesco have offered me some money be of detriment to my case?
Thanks

deanos

humphriess wrote: »

after reading the guardian article from may, i know i am entitled to a full replacement within two years.

no you are not !

Fire_Fox

Tesco have a responsibility to deal with an inherent fault: if they choose to refund this can quite legally take into consideration the time you have had the laptop. Is the laptop under warranty with HP?

cleopatra4485

key facts in the sales of goods act

For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

but I assume you didn't break it, so you will have to prove it

After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

the sales of goods act states also

If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

Tesco have given you a partial refund, probabaly based on the above, that you have had some benefit (18 months) from the laptop up to you whether you pursue this

System

did you accept the £190 ? if so thats the end of it .

Mark_Hewitt

£190 is a good deal. Take it and be happy

Esqui

They've taken about £200 off for 18 months use, thus effectively saying the laptop would otherwise have reasonably lasted about 3 years. Do you agree?

woody01

Fire_Fox wrote: »

Tesco have a responsibility to deal with an inherent fault: if they choose to refund this can quite legally take into consideration the time you have had the laptop. Is the laptop under warranty with HP?

No-one has proved there to be an inherent fault so there is no argument.

humphriess wrote: »

Hi,
Sorry guys don't want to appear lazy i have read through the forums re: rights on broken laptops, could still do with a bit of advice if possible please?
My situation
My £389 18 month old HP laptop from Tesco broke down. Wrote to Tesco requesting a repair/replacement (stating Sales of Goods act), they sent me a check for £190 saying they did't need to see the laptop, they got the impression it was irrepairable and offred me the intrinsic value £190.
I don't have the money to buy a new laptop and bring work home during the evenings so desperately need a laptop. £190 won't buy me a new laptop. I took my laptop to a local repair shop, they told me it would cost more than the value of the laptop to fix so it wasn't worth it. I paid £15 for them to put this in writing. I sent a copy of this letter off to Tesco asking them to reconsider. They replied that they felt £190 was a fair offer and were unwilling to reconsider.

Which leaves me in my current situation. After reading the guardian article from May, i know i am entitled to a full replacement within two years. Whether i get money or a laptop i don't care just need a laptop.

Should i 1) try writing to tessco one last time quoting the EU law on this matter
or 2) just take them to a small claims court?
Also if i take them to a small claims court, do i have any chance of winning ? would the fact that Tesco have offered me some money be of detriment to my case?
Thanks

Tesco have been more than fair with you.
£190 is the value after 18months of use and you would lose horribly should you take this further.

Esqui wrote: »

They've taken about £200 off for 18 months use, thus effectively saying the laptop would otherwise have reasonably lasted about 3 years. Do you agree?

Definitely agree!
Any laptop that is three years old would never be worth that amount of cash. THe tech moves fast and a new one (albeit not amazing) can be had for well under £300 now.

Mankysteve

I thought that had to give you a proportional SOGA say its reasonable for it last 6 years, I would not expect the battery to last long but the hardware should last 6 years easy.
You've had it for 1.5years
£389/6=£59.89 a years so should it be £389-(£59.89*1.5)=299.25 reaming value
I do admit I could be wrong this my understanding.

But the Op is not entailed to replacement/repair if the value is greater than its value then your only entitled the proportion of it value

dmg24

Esqui wrote: »

They've taken about £200 off for 18 months use, thus effectively saying the laptop would otherwise have reasonably lasted about 3 years. Do you agree?

Depreciation does not work like that, an item depreciates much more quickly at the beginning than in later years. I'll work out what time they have based it on if anybody really wants me to!

Esqui

It wasn't so much a depreciation calculation, more:

A £389 laptop should last for x years. Therefore, the value on usage is 389/x per year.

OK, that's incredibly simplified, and probably wrong. But I wasn't trying to calculate the depreciation in value. I bought a £489 laptop about 18 months ago, and it'd be worth maybe £200 at most now if I were to sell it.