Proving Inherent Fault

arsenalboy

I have posted about my problem a few weeks ago, but another question for you experts.
The problem relates to a Sony Vaio laptop purchased from M&S. It came with a 12 month Sony warranty and a 2 year warranty from M&S. It is now 14 months old.
Screws to the casing kept coming loose. I contacted M&S and they said fair wear and tear. The hinge is now completely compromised and the laptop can only be used as a desktop with the lid propped against a heavy object.
Marks have asked me to prove an inherent fault. I have contacted 2 local computer repair companies and asked if they can provide a report.
They have both said that they would not expect this to happen after 14 months, but they have both said they cannot help me as they could only say the hinge has broken. They have said the hinge has broken because the case kept working loose, but they have said there would be no definitive reason for the screws working loose.
How do I prove an inherent fault, Are M&S being reasonable in asking me to do so bearing in mind "duarability" within SOGA? Also bearing in mind cost of £700, 14 months old and still within warranty.

4743hudsonj

arsenalboy wrote: »

I have posted about my problem a few weeks ago, but another question for you experts.
The problem relates to a Sony Vaio laptop purchased from M&S. It came with a 12 month Sony warranty and a 2 year warranty from M&S. It is now 14 months old.
Screws to the casing kept coming loose. I contacted M&S and they said fair wear and tear. The hinge is now completely compromised and the laptop can only be used as a desktop with the lid propped against a heavy object.
Marks have asked me to prove an inherent fault. I have contacted 2 local computer repair companies and asked if they can provide a report.
They have both said that they would not expect this to happen after 14 months, but they have both said they cannot help me as they could only say the hinge has broken. They have said the hinge has broken because the case kept working loose, but they have said there would be no definitive reason for the screws working loose.
How do I prove an inherent fault, Are M&S being reasonable in asking me to do so bearing in mind "duarability" within SOGA? Also bearing in mind cost of £700, 14 months old and still within warranty.

You are right in going down the route of "durability", also not fit for purpose as if the screen does not hold itself up, it cannot be used as intended. But as you say your problem is proving the fault, which by the sounds of it is very difficult. Keep ringing round and see if you can get one to get off the fence and make a decision to back you up or otherwise. Also get on to M&S over and over explaining your difficulties, write to their CEO if yo have to. They may give in but at the end of the day they are within the law to ask for proof of the inherent fault.

Sorry OP.

woody01

Was the problem there when you bought it?
Did you notice the problem the day you took it home?

If the answer to either of those questions is no, you will never prove that the fault was inherent.

4743hudsonj

woody01 wrote: »

Was the problem there when you bought it?
Did you notice the problem the day you took it home?

If the answer to either of those questions is no, you will never prove that the fault was inherent.

Silly reply, I've proven an inherent fault in a loose laptop hinge before under SOGA. Granted its not as easy as electrical faults to prove but it can be done.

woody01

4743hudsonj wrote: »

Silly reply, I've proven an inherent fault in a loose laptop hinge before under SOGA. Granted its not as easy as electrical faults to prove but it can be done.

Rubbish.

Did you employ a magician then? If you can prove A SCREW was faulty at time of purchase then you are a miracle worker (or liar).

4743hudsonj

woody01 wrote: »

Rubbish.

Did you employ a magician then? If you can prove A SCREW was faulty at time of purchase then you are a miracle worker (or liar).

No, you cant prove a screw was faulty but you can prove faults by design, like i did.

My hinge became loose not by wear and tear but by poor design, and an engineer report backed this up and i won a repair, not so rubbish then?

All i am saying is that this sounds like its due maybe to poor design and if something is found such as inferior brittle plastics or missing threads then the OP may have a case. On the other hand they can pursue the case anyways with letter and hope for the best. No harm in trying.

PaulLuke

Interesting, I've just read a summary of the extended two year guarantee they offer - is it just me or does that fail to offer anything in excess of your statutory rights? i.e If the item develops a fault within two years, which is not caused by "accident, neglect, misuse, not following the instructions and normal wear and tear" then the guarantee kicks in.

.

arsenalboy

Thanks 4743hudsonj for your helpful comments. It is a shame other posters have to suggest otherwise, but you have given me hope!
I have in fact written to CEO 2 weeks ago, but Marks have admitted today that they have lost my letter!
I still struggle with the inherent fault concept. It appears in my case that the processor heats the casing too much to the extent that the plastic casing has not held the screw, which has loosened the hinge etc.........
That problem was not there when it was brand new but was destined to happen, but how do you prove that when it doesn't happen to every laptop?

Anihilator

Imo if you get a report stating that the hinge is faulty due to these screws and that a review of the screws has shown no signs of anything other than normal use you would suceed.

Only if there was signs of damage would I say there is a problem. i.e scratches or dents indicating impact or similar nearby.

olly300

arsenalboy wrote: »

Thanks 4743hudsonj for your helpful comments. It is a shame other posters have to suggest otherwise, but you have given me hope!
I have in fact written to CEO 2 weeks ago, but Marks have admitted today that they have lost my letter!

Always send complaint letters by at least recorded delivery, and keep all correspondence and recorded delivery slips.

If the company decides to lose it then it's their problem as no regulator or court will give them any leeway over losing records.

arsenalboy wrote: »

I still struggle with the inherent fault concept. It appears in my case that the processor heats the casing too much to the extent that the plastic casing has not held the screw, which has loosened the hinge etc.........
That problem was not there when it was brand new but was destined to happen, but how do you prove that when it doesn't happen to every laptop?

That's why you need an expert who is happy to say the laptop design was poor.

arsenalboy

This will make you laugh Olly300 (and hopefully everybody else).
The letter was sent as an email attachment for which I received an automated reply. Marks and Spencer say they never received the email or attachment so I have sent them a copy of the acknowledgement and aobviously the letter again!